Just when the alleged molestation of a South actress opened a can of worms on the way women in showbiz are often treated disrespectfully, another actress, Varalaxmi Sarath Kumar found herself being propositioned by the programming head of a television chan nel last Saturday. BT spoke to a spectrum of people from the industry about the issue, which is known, but always brushed under the carpet.

'It's heartbreaking when a person you idolise comes up with an indecent proposal'
“The industry might seem glossy, but it is ugly from with in. Casting couch is a harsh reality. On the face of it, they talk about talent, craft and art, but who really wants talented people here? During my struggling days, I used to get depressed when I went through this. Even today, I don't know how to get work. It's a struggle every day. It's heartbreaking when a person you look up to or idolise comes up with such indecent proposals.“
- Sana Khaan, Actress

'I've heard horror stories even in arty circuit'
I've been lucky to have worked with international filmmakers and National Award winning directors, who are sincere about their work. I never worked in a commercial set-up per se so I never encountered this situation directly. But, indirectly, there is a lot of pressure. I've overheard people saying, 'Yeh toh outdoor mein degi nahi toh isko leke kya fayda? Yeh toh shoot ke baad apne room mein jaake so jayegi.' Way back, a TV actor-producer called me up and said he wants to meet. I met him assuming it was to discuss our show. He said, “You have to romance me onscreen, so off screen, chemistry toh badhani padegi.“ I walked out and I've never returned his calls. You have to take a stand. I've heard horror stories even in the arty circuit.
- Tannishtha Chatterjee, Actress


'If you do it once, you will be expected to do it again'
Sadly, casting couch exists but you don't have to fall in that trap to have a career. I don't mean to be judgemental but once you take that path, you have to live with the choice. I believe that you can survive in the film industry without succumbing to it. You just need to be patient. I am a living testament of that. It happened to me once, this filmmaker made a pass at me. I walked out and never saw him again. The star kids how ever, are much protect ed as almost everyone in the industry is their uncle, mama or chacha. As far as dealing with these creeps is concerned, they should be unmasked, shamed and boycotted if this needs to stop.
- Richa Chadha, Actress

'It's difficult to eliminate a one-to one meeting in any profession'
I've heard horror stories about casting couches. I know and I can vouch for the fact that it exists though I have neither experienced it first hand. It's an open secret. Sexual favours are asked from both genders and in every walk of life. It's an individualistic thing whether you want to do that or not, and whether you are in a position to say no. It's a debatable issue. It's very difficult in any profession to eliminate a one-to-one meeting, right? So what happens between two people also cannot be completely sanitised in that sense. At large we may not have a solution to this problem, but we can first set our priorities right at an individual level. That alone will make a huge difference.
- Abhinay Deo, Director


'People don't speak out as it could affect their career'
Somehow, it has never happened to me. My father, and now that I am married, my husband always accompany me whenever I go for a recording or a tour. But yes, I have heard from my peers that the casting couch does exist. Sometimes, people are too scared to talk about it lest it jeopardises their career. But it does happen.
- Harshdeep Kaur, Singer

'It's a business proposal bereft of love'
It's a murky space as we're dealing with good looking people who are ambitious. What is a casting couch? It's a business proposal bereft of any love or emotion. One is asked to sleep and get the assignment. The filmmakers I have assisted have never done this. There are people who do it and it's wrong. But there's another side to it. I don't think sleeping around is a recipe for success. We can't do anything about this menace where boys and girls are exploited. There's a flip side here also. I've heard of good-looking youngsters who have used their charm cards to make their way ahead. What do you do about that? It's difficult to snip this area out of any industry today. I can just say between a man and a woman, it's love that has become a rarity .
- Vikram Bhatt, Director-writer


'Ex-girlfriend was thrown out of a film for resisting'
I've personally never been through anything as all my work is taken care by my manager.But my ex-girl-friend did. She was told to go to Lonavala over the week end for a 'script reading' with a certain director, which she politely refused. She was thrown out of the film due to reasons best known to the team.
- Sahil Salathia, TV actor


'It's a bigger problem for boys today'
“Some actors approach me and give indirect hints, but I reject them. They should have faith that there is new breed of film makers who prefer going the clean way. I think the casting couch is a bigger problem for boys today.
- Ravindra Gautam, TV producer

'Stories of exploitation in are more spoken about the glamour industry'
There are grey areas that exist, not just in the glamour business but in every other business. Even cops complain about powerful pervert seniors who're mentally sick to ask sexual favours when one merits a promotion or a pay hike. Exploitation stories are more spoken about in glamour industry for obvious reasons. That's why after so many years in the business, I decided to take the digital route for casting and streamlining the process of scouting talent in numerous departments like art direction, direction, production...the works. There are hundreds of illegitimate casting agents, who by flashing photos with actors dupe youngsters. They promise them work for money, sexual favours or both. Those who fall prey to it are the ones who can't figure another route to pursue their dreams. We first need to educate them about the stream of work they plan to jump into. We have to stop them from shooting wrong or suggestive portfolios that give a wrong impression. If we can success fully do that, stories of casting couches will automatically reduce.
- Suniel Shetty, Actor who runs a digital casting agency


'I've been in uncomfortable situations'
I've heard from a couple of my model friends about how they've been propositioned for work. I've been in a couple of uncomfortable situations where I felt the need to leave a meeting. I leave if I feel that the statements being made aren't related to the film that is being narrated to me, or the project that I am discussing.
­ - Amyra Dastur, Actress

'I faced it seven years ago'
“I have found myself in this sticky situation seven years ago. A coordinator asked me how I would respond in three situations: 'Will I work smart or hard?', 'How would I react if I was propositioned by an older woman?', and 'What would happen if a man touched me?'. He got a little touchy feely with me while asking the last question. I was shocked and furious. He told me of actors who relented and are successful today.“
- Karan Tacker, TV actor

'No one can guarantee a role in exchange of favours'
A few actresses have shared their horror stories with me. My advice to them was that predators prey on the weak and vulnerable. Besides, filmmaking is an expensive affair and involves many heads to confirm the cast. No one can guarantee you a role in exchange of favours. Unless you suit the part and are a good actor, nobody will give the role to you. Period.
- Shahid Hassan, Casting director

Legal point-of-view
Those subjected to casting couch should come forward and say what has happened so the accused can be exposed and booked and it can be deterrent for others. Often, women don't come forward as they feel it's a lost battle as they are bringing up charge that's so big and that the accused may get away as he is powerful. Currently, the law will take cognizance only with evidence. Here everything happens in the closed four walls of an office ­ so no one knows the allurement, offer made etc. It's tougher because what happens under such circumstances may not be evidence, though there is scope for presumption, which also can't be ignored. It should be a collective effort by the film industry to ensure this does not happen. There must also be a body to support these victims as in most cases, it's a lonely battle for them as they are up against big names.
- Kranti Sathe, Lawyer

Recently, the government accepted the recommendations of a parliamentary panel, which made celebrities liable for endorsing products with misleading claims. This could land them a five-year jail term and  Rs 10-50 lakh fine. In a new development, it was reported on August 31 that the proposal was now on hold. However, the news has created a furore with mixed opinions on whether celebrities should be held accountable for the brands they endorse. BT gets experts to talk on the issue...

LAWYER SPEAK

"Onus should be on the manufacturers"
City-based lawyer Majeed Memon is of the view that celebrities cannot and should not be held accountable. “Celebrities cannot be expected to vouch for the quality and standard of the product which they endorse apparently for the promotion of the product. It is the manufacturer or owners upon whom the onus is, to ensure that the quality of the product so endorsed by a celebrity is up to the mark. When a celebrity endorses a product, all that he or she promotes is that he or she likes and uses that product for him/her. Beyond that, the celebrity is not a technical expert to guarantee the purity or high standard of the product endorsed by him or her. In such circumstances, imposition of heavy fines on celebs, to my mind, does not seem justified.“

While lawyer Kranti Sathe feels the punishment may be harsh, she also affirms the socio-cultural influence or impact a celebrity might have on an individual's mind. “Yes, handing out five years for this is really disproportionate,“ she says, adding. “But some ads are misleading. For instance, we do feel that our face is going to glow like X actress after we use a product or someone might feel my hair is going to shine and a large majority may also believe they will turn fairer after using something else. This creates an impression which does not turn into reality. But I really don't know if the celebrity who endorses a product is aware of the composition or proportion of all the ingredients inside. For instance, a skin cream may later turn out to be harmful, but how can you hold any them liable for what they are not aware at the outset?“ She also advocates putting the onus on the makers. “There must be more stringent punishment for those companies that put out harmful products. The celebrities only help market the product. They are not supposed to know so much. And if they do a variety of endorsements - which is quite possible - should they be expected to know in depth information about each?“

Celebs must think twice about what they endorse

However, lawyer Satish Maneshinde has a contrary view. “First of all, anyone endorsing a product is making a representation to the public at large on the same. That he, himself, being in a high position is endorsing a product best suited to human beings and advancing a representation of the makers, so he is culpably responsible. But for his statement, no one would believe that it is meant for consumption and public good and free from health hazards. He is thus equally responsible for that product.“ He says celebs need to start thinking about what they stand for. “They have to sit back and think twice about what they endorse as they are a huge influence on the common man. If you ask me, I think the punishment should be made more stringent,“ he says.

SOCIAL VIEW

Silly to hold them responsible
Social commentator Suhel Seth finds it wrong if one holds celebrities accountable. “It's silly and absolutely wrong,“ he starts. “Yes, they should be held responsible for any ads that have social taboos, for example, endorsing gutka and a fairness cream. But look at it this way, tomorrow if there is a fire in Mumbai, will you hold the CM responsible and put him behind bars for it? Let's not forget that there are so may factors that come into play here. If tomorrow a celebrity is in an advertisement for real estate and the builder for some reason cannot give the buyers the flat, how can the celebrity be responsible for it?“ He says it must come down to the consumer. “Ultimately, the consumer is responsible. It is ultimately he or she who is making a choice. It is bizarre to blame a celebrity for endorsing something; it defies all logic and needs to be thrown out.“

WHAT THE AD GURUS SAY

Moral onus yes, legal no
Adman Prahlad Kakar says while moral responsibility for the celeb is one thing, legal responsibility is not. “If the ministers want to make such a law, then they should keep in mind that they themselves don't deliver on a majority of their promises which they make during election time. So, if they pass this law, it will come back and bite them. Also, you can't hold a celeb responsible for something he doesn't manufacture. Celebs are just soft targets. When a manufacturer wants to make a product, they take make a product, they take it to the government agencies who test it and allow it to be sold. So, yes, the moral responsibility rests with the celeb if they want to endorse a particular product. But they cannot be held legally responsible.“

The consumer must be protected
Prasoon Joshi, adman and CEO of a global marketing firm says, “Most of the times our celebrities are very cautious and choose endorsements carefully themselves. But in twisted scenarios, where the intent is adulterated, there are filters required. Who should bear the brunt of this is a complicated question to answer, as marketing and advertising have many stakeholders. However, one thing is for sure: the consumer needs to be protected at any cost from profiteering.“

Need to define 'misleading'
Piyush Pandey, national creative director of an ad agency, says, “Misleading is a difficult word to understand. In this case, it's important to know what the term means. Today, I don't know what is 'misleading', one needs to understand that.“

Yesterday was the first hearing Bandra in the Family Court after Sunjay Kapur and Karisma Kapoor's divorce by mutual consent fell through on November 27, 2015. The actress' lawyer Kranti Sathe took charge of things in court while Sunjay's lawyer Priya Hingorani sent her best man on the job. A series of allegations and counter allegations continued in front of Justice I J Nanda.

In December 2015, Karisma's husband had filed two separate petitions in court - one for their divorce and the other for interim custody of their children (Samaira and Kiaan). Amongst the things that were being argued on Tuesday, the primary one was that Karisma's counsel hadn't filed a reply to the divorce petition yet. The court has directed the actress' legal team to revert at the earliest. As far as the interim custody goes, Karisma has opposed it.Apart from hearing the divorce petition, the judge will also hear Karisma's reply to Sunjay's application for the interim custody of their kids. The court has slated its next hearing on March 3, five days before the kids' holidays begin on March 8.

A day after industrialist Kapur's Priya Hingorani told Sunjay lawyer Bombay Times the basis of the unilateral petition filed against actress Karisma Kapoor in their divorce case, the latter's lawyer, Kranti Sathe, lashed out at the reports. “Such things shouldn't be discussed outside the courtroom. Even court orders no longer disclose the names of petitioners; they refer to them as Party A and Party B. And here we are name-calling in public. What is the need for the other party to discuss the content of their petition? They just want people to form opinions. I don't think it is ethical or in the welfare of my client to discuss or retort. Staying quiet might even give way to more gossip but we choose to restrict our submissions to the court rather than get into such mudslinging,“ says Sathe.

Talking about the allegations of the actress poisoning the minds of her children - Samaira and Kiaan - against their father, she adds, “Sunjay's legal team has knocked at the door of justice and it should be kept like that. But clearly, he is speaking without considering how it can affect their children. The kids' psyche will take a hit from this sooner or later. I would request Sunjay and his team not to put their personal grievances on a clothesline for the world to see. Every case in the family court is used to such allegations and counter-allegations; there is nothing unnatural about this case. Let the court take it forward from here.“

The next hearing is on February 2 in the Bandra Family Court.

When Bollywood actress Karisma Kapoor tied the knot on September 29, 2003 with topnotch Delhi industrialist Sunjay Kapur, the world at large was slightly sceptical about this match. To many, it looked like the actress had married on the rebound. She had just broken off her engagement with Abhishek Bachchan and she was hurting.

Today when her father Randhir Kapoor says, “From day one, I was against Karisma marrying Sunjay,“ his statement doesn't come as a surprise.

The couple filed for legal separation in the Bandra Family Court on May 23, 2014. Their impending divorce is just getting messier by the day and has opened up a new can of worms. In the latest turn of events, Sunjay's fresh petition claims that the actress married him for money. Needless to say, her family believes it is a very serious accusation to make. When we reached out to Karisma's father, Randhir Kapoor, he told us, “The whole world knows what kind of people they are. The fact that my daughter is getting a divorce is because we are not happy with that family. This third-class behaviour is expected only from a third-class person like Sunjay Kapur.“

In his fresh petition, Sunjay has reportedly accused Karisma of  'not being a good mother'. Reacting to the same, Randhir says, “Everyone knows Karisma has always been a good mother. Her husband has been living with another woman. I was against this marriage since day one. The matter is sub judice and hence, I can't comment further. Eventually, the entire truth will come out.“

Reports also state that Sunjay and his family were denied access to meet the kids. To this, Karisma's counsel Kranti Sathe retorted, “That is such an obnoxious thing to say. Before making such allegations, Sunjay and his legal team forget that his daughter is now 11 years old. To see such accusations against her mother in the newspapers will be such a blow to her. Things like these damage the psyche of young ones from broken families.“

With such details about the case constantly trickling out, Sathe questions how such news is getting leaked to the media. “The ground rule is that somebody's personal life is not for public consumption. People on the other side want to do everything possible to hit the headlines,“ says Sathe.

Echoing Randhir's sentiments on the fresh petition, Sathe summed up her client's stand, by saying, “We want to present our side of the story only in court now and not resort to such character assassination. All the allegations need to be validated with substantial evidence. Let the court take over the case and give a fair judgement.“

The fact that Karisma Kapoor's estranged husband and Delhi-based industrialist Sunjay Kapur filed for the custody of their kids - Samaira and Kiaan (aged 10 and five respectively) - didn't come as a surprise. After both parties withdrew their petitions for divorce on November 27, 2015, the custody battle was inevitable. The actress' lawyer, Kranti Sathe had hinted at the possibility of it when Bombay Times spoke to her after the duo withdrew their divorce by mutual consent.

Speaking about the new development in the case, Sathe says, “We have so far only heard about the petition. It was apparently filed a fortnight ago but we haven't received anything yet. We assume it is still pending in the court. We are completely in the dark about the content of the application filed by Sunjay's legal team. Even the petition to withdraw the divorce by mutual consent was first filed by him and then we withdrew ours. We will have to examine the grounds on which he is demanding the custody of the children. Sunjay has been spending time with the kids and even after the divorce by mutual petition fell through, he has been given access to them. He has met the children whenever they had the time and desire to meet, and he can continue to do so.“

Sunjay and Karisma got married on September 29, 2003. The couple filed for legal separation on May 23, 2014 in the Bandra Family Court.