• The Justice Hema Committee report sheds light on the widespread and persistent sexual harassment faced by women in the Malayalam cinema industry, with many alleging they were subjected to unwanted advances even before commencing work.

• The Kerala government constituted the panel in 2017 to study the issues of sexual harassment and gender inequality faced by women in the Malayalam film industry following the actress assault case. The panel's report was received in December 2019.

• The committee was led by Justice K. Hema, with actor Sharada and former IAS officer K.B. Vatsala Kumari serving as members.

• It was for the first time that a government in this country came up with such an initiative and constituted a committee with a High Court judge to make a study on the issues relating to women in cinema and suggest solutions.

• The Hema Committee was appointed through an order by the state government under the authority vested in it by Article 162 of the Constitution.

Findings and Recommendations of the Hema Commission:

• Women in Malayalam cinema face significant gender inequality.

• Avoid hiring individuals with criminal backgrounds as drivers.

• Prevent the abuse of women through fan clubs.

• Establish laws to address the problems and issues faced by women in the industry.

• Create a tribunal to handle industry-related issues.

• Exclude individuals accused of serious crimes from the industry for a substantial period.

• Prohibit the banning of individuals within the industry by others.

• Mandate the provision of toilets at film sets.

• Impose a ban on alcohol and drugs at film sets.

• Refrain from using derogatory language towards women.

• Ensure equal pay for female artists.

• Provide safe accommodation for women.

What is sexual harassment?

Sexual harassment is any unwelcome sexually defined behaviour that can range from misbehaviour of an irritating nature to the most serious forms such as sexual abuse and assault, including rape.

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013, defines sexual harassment to include any one or more of the following unwelcome acts or behaviour (whether directly or by implication):

i) Physical contact and advances.

ii) A demand or request for sexual favours.

iii) Making sexually coloured remarks.

iv) Showing pornography.

v) Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

What is sexual harassment at the workplace?

• Sexual harassment at the workplace is any unwelcome sexually defined behaviour that has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, abusive or offensive working environment.

• The Sexual Harassment of Women (Prevention, Prohibition and Redressal), Act states that if the following circumstances occur or are present in relation to, or connected with any act or behaviour of sexual harassment, it may amount to sexual harassment at the workplace:

i) Implied or explicit promise of preferential treatment in her employment.

ii) Implied or explicit threat of detrimental treatment in her employment.

iii) Implied or explicit threat about her present or future employment status.

iv) Interference with her work or creating an intimidating or offensive or hostile work environment for her.

v) Humiliating treatment likely to affect her health or safety.

• Today, all workplaces in India are mandated by law to provide a safe and secure working environment free from sexual harassment for all women.

International Conventions for women’s safety

• India is a signatory to Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The treaty was signed on July 30, 1980 and was ratified on July 9, 1993.

• India’s endorsement of the Mexico Plan of Action in 1975 and participation in the UN General Assembly Session on Gender Equality, Development, and Peace for the 21st century highlight the country’s commitment to promoting gender equality and ending gender discrimination.

Legal framework on sexual assault in India

• Section 375: Defines rape, detailing the circumstances under which sexual intercourse is considered non-consensual and thus qualifies as rape under the law.

• Section 376: Outlines the punishments for rape, which range from fines to life imprisonment, depending on the severity and circumstances of the crime.

• Section 376A: Addresses cases where rape results in the death of the victim or leaves the victim in a persistent vegetative state, imposing stricter penalties.

• Section 376B: Relates to marital rape but does not comprehensively address all forms of marital rape.

• Section 354: Deals with acts of assault or the use of criminal force with the intent to outrage a woman’s modesty.

Protection of Children from Sexual Offences (POCSO) Act, 2012:

• Scope: Provides protection for children from sexual offences, including assault, harassment, and involvement in pornography.

• Punishment: Enforces stringent penalties for offenders, including lengthy prison sentences and fines.

Criminal Law (Amendment) Act, 2013:

• Enhancements: Expands the definition of rape and introduces new offences related to sexual violence in response to the 2012 Delhi gang rape incident.

• New Offences: Criminalises acts such as stalking, voyeurism, and acid attacks, with specific penalties for each crime.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Features of the Act

• It defines sexual harassment as laid down by SC in Vishaka case. (Incorporated in Section 354A of IPC tabulated earlier).

• It puts the legal responsibility on the employer, whether government, public sector or private, to provide a safe and conducive environment for the woman worker. The onus is on the employer, and if this is not complied with, the employer is liable for punishment.

• The provision of concrete mechanism to enable an inquiry into individual complaints of sexual harassment and timebound justice through the formation of Internal Complaints Committee in the institution she works or, in the case of unorganised sector (i.e., which employ less than 10 members), through the formation of five member local committees at various levels under the supervision of District Collector.

• The Act include domestic worker and defines it as a woman employed to do household work in any household for remuneration whether in cash or kind.

• Those who do not comply with the Act’s provisions will be fined up to Rs 50,000. Repeated violations would be punished with higher penalties.

• At least 50 per cent of nominated members in Internal or Local Committee must be women.

(The author is a trainer for Civil Services aspirants.)