Hema Committee & Malayalam film industry: The Truth and Beyond | Ep 137

[00:00:00] While Kerala faced its fair share of tragedies and political upheavals in the year 2024, it has also reshaped the way we think and live. So at Onmanorama, we are calling 2024 the year of upheaval.

[00:00:32] Hi, I am Haritha Benjamin and this is Ashwin J. Kumar. Today we are here to discuss the Hema Committee report as part of a special year-ender series which looks at the major events that share the current year of upheaval.

[00:00:46] So Ashwin, the Hema Committee report was a public document which was kept under the wraps for over 5 years and once it came out there was a lot of controversies which was unleashed.

[00:00:58] Although we have been discussing about the sexual assault and the sexual abuse aspect of it more, there have been several issues which were highlighted in this report.

[00:01:07] So what are these issues and what has been done to address these issues in the industry?

[00:01:15] See, talking about Hema Committee report, our sole focus has always been on these issues related to sexual abuse in the Malayalam film industry.

[00:01:24] But the report as such enlist as many as 17 major issues which have always plagued our industry relating to gender inequality, pay disparity, poor working conditions and so on.

[00:01:36] So one word which we always associated with the Hema Committee report is delay on the part of the state government.

[00:01:44] As you said, it was kept under wraps for a pretty long time and this is where the High Court was forced to make an observation saying that the state government was alarmingly lethargic.

[00:01:54] Silence and inaction were not at all any options for the state government while considering this issue.

[00:02:00] So, as you said, any action being taken, the only solid action which has so far happened with regard to recommendations of this committee is that internal complaint committees have been formed in production units.

[00:02:14] And again, this happened following a slew of petitions, appeals meetings pressed by women in cinema collective.

[00:02:21] Then, women's commission has convened a lot of meetings with Kerala Film Chamber of Commerce and other associated bodies so that this system is finally in place.

[00:02:30] But with regard to the most serious issue on sexual abuse, the delay is proving costly as we see.

[00:02:38] So, let's talk to our entertainment desk which is based in Kochi.

[00:02:58] Thank you Ashwin and Harida for having me.

[00:03:01] So, when you look at the Hema committee report, it is definitely one of a kind because it has helped expose the dark secrets of the Malayalam film industry.

[00:03:10] But what we need to remember is that when you have something as controversial and as powerful as the report in front of you, it is bound to have repercussions, right?

[00:03:20] The report was created in the hope of, you know, creating better spaces for women in Malayalam cinema and we're really hoping that this is going to happen in the future.

[00:03:28] There is going to be a period of backlash and that is exactly what is happening in the industry right now, according to sources.

[00:03:36] Because if you look at it, when I spoke to a senior member of the WCC, she said that, you know, make-up partners, they've been denied membership in their association because they decided to speak against their male counterparts in front of the Hema committee.

[00:03:52] And, you know, prior to when the Hema committee report was published, you know, if these women were denied membership because of male authority, right now, you know, these women are being denied membership because they decided to speak out in front of the committee.

[00:04:06] So that is one sort of backlash these women are facing and also women technicians, apparently, they're also losing out on job opportunities because I heard, you know, people say that, you know, production firms are actually afraid to be actually casting, not casting, but, you know, bringing women technicians on board their sets because they fear of backlash in the future.

[00:04:28] What if these women decide to speak against them after 10 years?

[00:04:33] So even though this sounds flimsy, this is what the situation is on the ground right now.

[00:04:38] But, you know, when you look at it, when you look at the, you know, the repercussions of the committee report, it was also, there are a lot of positive things that are also happening because I, one of the actors, she was telling me that after the report was published and she went to the Telugu, to the Tamil film industry to act.

[00:04:55] These people were actually, the industry, the production firms, they were like already eager to know more about the HEMA committee report.

[00:05:02] And also they were actually speaking about it.

[00:05:05] And that is itself in itself, great impact that the report has created.

[00:05:09] And even though it might have created a negative image about the industry outside, women are proud because in their industry, at least people have come out to say that a spade is a spade.

[00:05:20] And that itself shows a positive change.

[00:05:24] Also, apparently the internal complaint cell, you know, which was created after the act assault case in film sets, it has also been strengthened.

[00:05:34] Production firms are actually taking steps to ensure that the ICC is all working and functional in all the film sets.

[00:05:42] And this is definitely making women feel more safer in film sets.

[00:05:46] Okay. Now, Ashwin, as you said earlier, there has been an inordinate delay when it comes to the HEMA committee.

[00:05:54] Okay. When it comes to the formation of the HEMA committee after the actress assault case, then it was tabled and then it was kept under the wraps.

[00:06:01] Then after it was published, then there was a delay in terms of registering the cases.

[00:06:06] And basically the court and the Information Commission had to force the hand of the government to do something.

[00:06:12] Right. So an SIT has been formed to look at the sexual abuse cases, which, you know, came up after the HEMA committee report was came to the public eye.

[00:06:21] Okay. So what is the status of the cases which were registered under the SIT?

[00:06:26] Has it been making any headway at all? Because that is what we are concerned about.

[00:06:31] Yeah.

[00:06:31] So the special investigation team is currently dealing with around over 30 cases.

[00:06:37] Right.

[00:06:38] Around 11 cases have been filed based on assault complaint.

[00:06:42] So the issue SIT has been dealing with right from the start is this.

[00:06:47] Like they have already told the court that these women actors are not willing to cooperate.

[00:06:54] It's very hard to collect evidence.

[00:06:56] It's very hard to collect witness statements.

[00:06:59] And recently two actors who actually gave statements to the HEMA committee have already approached the Supreme Court saying that the directions given to the SIT should be cancelled.

[00:07:09] Right.

[00:07:10] Because High Court has directed the SIT to treat every statement as cognizable offense, treat this as information and then take legal action.

[00:07:19] But this is being questioned.

[00:07:21] And one of the counter arguments is that they gave their statements voluntarily to the HEMA committee under the assumption that it was for an academic purpose.

[00:07:28] It was for a study.

[00:07:30] So there was no intention to trigger any kind of criminal proceedings.

[00:07:33] And this is where it gets complex or difficult for the SIT to proceed with the case.

[00:07:38] Because none of them are willing to come up with statements.

[00:07:41] None of them, the witnesses are not cooperating.

[00:07:43] The person themselves are not cooperating.

[00:07:46] So collection of evidence becomes difficult for the SIT.

[00:07:49] Right.

[00:07:50] So Ashwin, correct me if I'm wrong.

[00:07:52] You had written an article about Siddiq's case, right?

[00:07:56] And you had made some several observations in it which talked about how the SIT did not ask the right questions.

[00:08:01] And because of that, he walked away with a bill.

[00:08:04] So could you shed some light into what that was about?

[00:08:07] Yeah, it was based on the police report they had filed in the Supreme Court.

[00:08:10] In the police report, the team claims that they have a stockpile of evidence against Siddiq.

[00:08:15] But one of the demands of the SIT was that he should produce all the devices and gadgets which he had been using since 2014.

[00:08:23] I mean, some of these things are difficult to produce.

[00:08:28] None of us would have that.

[00:08:29] I rather won't be having any form which you have used since 2014.

[00:08:32] So this is where it gets tricky.

[00:08:34] But we have had instances from the world or from even in India.

[00:08:40] Even in Kerala, we had a case where an IT professional was brutally raped at a resort in Poovar in 2013.

[00:08:47] And after nine years, the rapists were convicted.

[00:08:52] And we have a global instances in the case of Larry Nasser, Harvey Weinstein case, even Donald Trump case.

[00:08:58] Because these are complaints dating as early as 1990s.

[00:09:02] But the cases were registered and he's being tried.

[00:09:05] The accused are being tried based on this.

[00:09:08] So this delay and really an issue is really contestable here.

[00:09:12] Right, right.

[00:09:14] Yeah, so what you're saying is that in the Supreme Court's case, it made an observation that, you know, why was it delayed so much?

[00:09:22] The complaint delayed so much.

[00:09:23] So that kind of, I don't know, from a woman's perspective, that kind of sets a bad precedent, right?

[00:09:28] Because often survivors come forward because they don't have the courage to do so at that moment.

[00:09:33] And when the circumstances change, for instance, now the HEMA committee is out and people are pointing fingers and there is a Me Too allegation wave which is going on.

[00:09:43] So obviously, the conditions are conducive for, you know, making such a complaint.

[00:09:48] So if the court questions something of that sort, wouldn't that discourage survivors from coming forward?

[00:09:56] What is your take on that?

[00:09:57] See, the Supreme Court made three observations while granting bail to Siddiqu.

[00:10:02] Yeah.

[00:10:02] One of the first observations was that this woman took eight years to file a complaint.

[00:10:07] Then in the meantime, she had posted on Facebook regarding the same complaint against 14 other people also.

[00:10:14] And then she didn't go to the HEMA committee to ventilate her complaint.

[00:10:18] So these were the three observations Supreme Court made while granting bail to the accused, like Siddiqu.

[00:10:25] So if you look at it from that way, the police report makes a very interesting observation.

[00:10:32] Siddiqu along with a senior actress had in the past given an open interview, like addressing the media.

[00:10:38] He had openly claimed that if something happens, something atrocious happens to a woman, why would she wait for 20 years?

[00:10:45] She should have slapped him then and there itself.

[00:10:47] So this particular statement gave courage to this survivor to come forward with the complaint.

[00:10:52] And as she was looking around, many other women were actually coming forward.

[00:10:55] And it is at this juncture, the delay she took in filing the complaint is being questioned.

[00:11:00] Whether it would deter other women from pursuing the case or not is something we'll have to wait and watch.

[00:11:06] Right.

[00:11:07] Okay.

[00:11:07] Now, moving on, let's talk about the organizational changes which has happened due to the HEMA commission.

[00:11:13] So let's look at the HEMA for instance.

[00:11:17] There was a lot of allegations, especially when the WCC was formed, there was a lot of allegations which were being leveled against the HEMA organizers.

[00:11:25] And so what were the changes which happened at an organizational level?

[00:11:30] And has HEMA done enough?

[00:11:32] And what can, we also have to look at the future.

[00:11:35] What can HEMA do in future to ensure that these things do not happen and to make sure that the organizational, the office holders are also of impeccable record.

[00:11:47] And they have committees to address the problems which are faced by the actors and actresses.

[00:11:54] So could you shed some light on that?

[00:11:56] Yeah.

[00:11:57] Yeah.

[00:11:57] I think the actors' assault case which shocked the entire nation was a pivotal moment in the history of Manalum film industry.

[00:12:03] It had its repercussions in terms of HEMA also.

[00:12:06] Because following this incident, women in cinema collective actually filed a petition pressing for a grievance redressal mechanism within HEMA and in the industry.

[00:12:14] And it was interesting to note the counter-affidavit filed by HEMA.

[00:12:18] They were saying that HEMA is an organization.

[00:12:22] It does not come under the definition of workplace.

[00:12:25] There is no definition of employer-employee status which mantends the formation of a grievance redressal committee.

[00:12:32] But having said that, they surprised everyone with the formation of a disciplinary committee in 2022.

[00:12:37] But again, when a case of such nature came up, the executive committee had the upper hand in brushing aside the actual recommendations of the disciplinary committee and the internal complaints committee.

[00:12:47] This is Malaparwati's resignation.

[00:12:50] Forcing the members to resign.

[00:12:52] So that kind of showed how earnest their efforts were in addressing issues of this nature.

[00:12:59] So moving forward, how can they recover from the bad reputation that they have?

[00:13:06] And how can they support their members?

[00:13:07] Because after all, it is a trade union if you put it in simple words.

[00:13:11] It is something which is established for the actors' safety and for their welfare.

[00:13:19] But normally when we talk to actors, they don't perceive HEMA with kind of hostility as it generates.

[00:13:25] Many people are saying that they reach out to so many old artists, artists who are unable to earn their livelihood.

[00:13:33] They give them provisions, pensions, gifts, everything.

[00:13:36] But when it comes to dealing with this kind of issue, there has always been a kind of invasive response which needs to change.

[00:13:43] Starting with the formulation of bylaw, we did an article based on the flows in the bylaw which says that

[00:13:50] even though a person is found at fault by the executive committee, by the disciplinary committee,

[00:13:55] he will get umpteen chances to explain himself.

[00:13:58] And even then, he has to be found guilty by the system if he has to be expelled from the organization.

[00:14:04] So that kind of loopholes will have to be pledged.

[00:14:07] A new committee with a more sense of purpose and earnestness with regard to achieving the true purpose of the organization

[00:14:12] has to come into effect if HEMA has to move forward in a way that inspires confidence and trust.

[00:14:17] Right.

[00:14:17] So to wind up, could you tell us what kind of recommendations should be implemented immediately

[00:14:23] and how these can be implemented?

[00:14:25] Because we know that the ICC formation and everything is essential.

[00:14:28] But how practical are they?

[00:14:30] And how do you make the workplace safer?

[00:14:33] And what should be the essential guidelines which should be immediately effective?

[00:14:38] Effective.

[00:14:38] Okay.

[00:14:39] As we spoke in the beginning, the formation of Internal Complaints Committee in the production unit

[00:14:44] is one solid thing that has happened.

[00:14:46] But again, if you look at the statements of HEMA committee, it raises concerns.

[00:14:51] At one point, the committee clearly notes that ICC is not a clear solution to the problems

[00:14:57] because there is a power group happening in the industry.

[00:15:00] There is a mafia happening in the industry.

[00:15:02] So if ICC is formed, there is only one outside member.

[00:15:06] The remaining members are from within the industry.

[00:15:08] So the confidentiality will be at stake.

[00:15:11] The woman who files the complaint will be victimized.

[00:15:13] It will add to the torture she has already suffered.

[00:15:16] She will be banned from the industry.

[00:15:18] She will face only in cyber attacks.

[00:15:20] It enlists countless reasons why ICC can't be a permanent solution for the industry.

[00:15:25] At the same time, HEMA committee has put forward the need for formation of a statute,

[00:15:32] enactment of a legislation that will offer safer working conditions for women.

[00:15:37] And Kerala State Women's Commission has also put forward a proposal for a new legislation,

[00:15:43] Kerala Indetermined Industry Empowerment and Equality Act.

[00:15:46] But these acts will have to come into effect as soon as possible.

[00:15:51] And also we cannot ignore other crucial issues which were highlighted in the committee.

[00:15:57] It was not just about abuse.

[00:15:58] And other interest groups because we are not talking about the junior artists and the technicians,

[00:16:04] makeup artists.

[00:16:04] Yes.

[00:16:05] I mean all of them have been going through a lot as was revealed in the report.

[00:16:09] 31 women actors filed statements but they also spoke to men from the industry

[00:16:14] who have actually openly told the committee about the power groups working in the industry.

[00:16:20] So if we are to have a system where they can work freely, they can earn their livelihood,

[00:16:24] they can pursue their passion with a sense of courage, security,

[00:16:28] I think government will have to put their foot down and enforce this legislation.

[00:16:34] Right.

[00:16:34] So I think the legislation would be a starting point.

[00:16:37] But ultimately the next step would come from the industry itself.

[00:16:40] Every producer and director and filmmaker should ensure that the workplace is...

[00:16:44] And then also there is always a debate about what is a workplace in a film industry.

[00:16:49] Right.

[00:16:49] Is it the shooting location, is it the hotel or is it the moment where a woman actor gets

[00:16:54] an offer to act in a film?

[00:16:56] So it starts with a definition I think you know and then moving forward...

[00:16:59] That has to be clearly defined.

[00:17:00] Right, that has to be clearly defined.

[00:17:02] So and I think adding one more point to this, I think this normalizing of you know compromises

[00:17:08] and adjustments is something also which should stop.

[00:17:11] Sure, sure.

[00:17:11] And only once that mentality changes you know the workplace would become a safer haven for

[00:17:19] actors and others.

[00:17:21] So I think on that note we can wind up today's news break episode.

[00:17:25] This is the last of the year-ender series.

[00:17:27] Hope you have enjoyed the four episodes which came out in the year-ender series.

[00:17:32] So with that this is Ashwin and Harita winding up.

[00:17:35] Thank you.