'MeToo' Also Exposes Shocking Workers' Rights Violations in Kerala Film Industry

"Nobody dares to question the inequality in the industry," a junior artiste told The Quint.

The Hema Committee proposed establishing a tribunal to address women's issues and workers' rights in the Kerala film industry. Shockingly, the Left government took no action on this recommendation as it had shelved the report for four years.

(Photo: Aroop Mishra/The Quint)

In light of the Hema Committee Report being made public last week, as more and more MeToo revelations shake up the Malayalam film industry, leading to resignations, police investigations, and increased scrutiny of film stars, it has become evident that film sets are often not treated as workplaces, and workers' rights are frequently ignored, even in Left-ruled Kerala.

Starting with the lack of a clear definition of the workplace, a denial of decent working conditions, the absence of job contracts, the refusal to provide equal pay, and a failure to implement existing labour and welfare laws, the Kerala film industry has become one of the most unsafe and exploitative workplaces in Kerala.

In an interview with The Quint, Sandhya S, a junior actress in the Kerala film industry for the past few years, expressed that she and her colleagues are neither treated with respect as artists nor regarded as dignified workers.

"From the very beginning, we are pressured to adjust or compromise for opportunities. If we refuse, we are denied future chances. Even when we do get a role, we are often paid less and have to fight just to receive that payment," Sandhya said.

'I Don’t See Any Chance of Improvement...so I Am Moving on'

She recounted an experience where she worked for a day on the condition of being paid Rs 2,000 for the role, but in the end, she received a lesser pay. She had to fight to obtain the remaining amount.

According to Sandhya, junior artists like herself lack formal contracts, and there are no grievance redressal mechanisms within the industry. Additionally, coordinators often discriminate against them compared to senior actors in various ways.

"When I was called for a shoot as a junior artiste, we were served food in a separate area. While the senior artists enjoyed a sumptuous feast, we were given ordinary meals, and no one seemed to care. We were often forced to wait and work for long hours, with additional hours frequently going unpaid. By the end of the day, the meagre amount we receive is often not enough to cover transportation costs."

Sandhya S, speaking to The Quint

Sandhya added that she is disappointed with the workers' rights standards in the industry and plans to seek other career opportunities.

“Nobody dares to question the inequality and exploitative working conditions in the industry. I don’t see any chance of improvement in the next two decades, so I am moving on,” she said.

Following the "road rape" case involving a Kerala film actress in 2017, the Left government in Kerala formed the Hema Committee to study the concerns of women artists and technicians in the Malayalam film industry. Headed by retired judge K Hema, and assisted by a retired IAS officer KB Valsalakumari, and a veteran South Indian actress T Sarada.

The committee examined the challenges faced by women in the industry. The report, submitted to the government in 2019 but made public just a few days ago, revealed widespread sexual exploitation, violations of workers' rights, and non-implementation of existing labour laws in the Kerala film industry.

A 'Mafia' Within the Film Industry?

Speaking to The Quint, TG Vinayakumar, a producer, director, and screenwriter commonly known as Vinayan, claimed that workers' rights are routinely ignored in the Kerala film industry.

He said, “I had established a union called MACTA (Malayalam Cine Technicians Association) to empower junior artists to speak out against abuses from senior artists and to create a supportive environment for women artists. However, a powerful lobby dismantled MACTA in 2008 and formed FEFKA (Film Employees' Federation of Kerala) in 2009, which now operates at the whim of influential actors.”

Vinayan was banned from the industry for 12 years, a period during which he experienced significant hardship.

The Hema Committee Report supports Vinayan’s assertions. On page 105, the report describes a powerful lobby within the film industry, likening it to a "mafia." It states, “This lobby acts according to its whims and fancies, even imposing bans on prominent directors, producers, actors, or anyone else, despite such bans being illegal and unauthorised. No one dares to speak out against this power group, as they risk expulsion from the industry.”

Vinayan added, “Even a light technician, who sets up the lights and then rests under a tree, could be expelled from the industry if he fails to get up upon seeing a powerful figure who controls the industry. This alone can lead to his expulsion.”

Consequences

Despite the Left government's stance on upholding workers' rights and Pinarayi Vijayan's position as a staunch Communist chief minister enjoying a rare second term in Kerala's political history, the report was shelved. The Communist ministers cited concerns over the sensitivity of revealing the identities of perpetrators and victims, despite Indian laws being in place to protect the latter's identities.

However, through the Right to Information Act and intervention by the Kerala High Court, a truncated and redacted version of the Hema Committee Report was released last week, causing a significant upheaval in the Kerala film industry.

In response to the report, several courageous survivors have come forward with MeToo allegations, leading to the resignation of the 17-member executive committee of the Association of Malayalam Movie Artists (AMMA), which is led by national-award-winning actor Mohanlal V.

The disbanding of the AMMA committee occurred as MeToo revelations began implicating prominent male actors in the body. Additionally, Kerala Chalachitra Academy Chairman Ranjith Balakrishnan also stepped down following allegations from West Bengal-based actress Sreelekha Mitra, who claimed that Ranjith misbehaved with her in 2009 when she was invited to play a role in a movie.

Unfortunately, while the Kerala media and others focus on the sexual abuse revelations, many Keralites, who pride themselves on being the Left stronghold in India, have deliberately ignored the Kerala film industry’s workplace issues and workers' rights violations. Even the Left government, which has had the report for over four years, has failed to address the workers' rights violations documented and reported by the Hema Committee.

The report reveals that the Kerala film industry lacks an Internal Complaints Committee (ICC), as mandated by the Protection of Women from Sexual Harassment (POSH) Act of 2013.

According to the Act, an ICC must be established if there are ten or more employees at a workplace. Interestingly, in court, the Association of Malayalam Movie Artists (AMMA) argued that an ICC is not required because there is no formal employer-employee relationship in the Kerala film industry, and AMMA is merely an association.

Inaction of the Left Government

Sarada, a member of the Hema Committee, states in the report that there is a lack of formal contracts, unofficial bans are imposed, and the industry lacks a clear definition of the workplace. She asserts that both indoor and outdoor locations in the Kerala film industry should be considered as workplaces.

Meanwhile, speaking to The Quint, Mini Mohan, a former member of the Women in Cinema Collective, said that, unfortunately, many existing laws designed to protect women's and workers' rights are not being followed in the Kerala film industry.

“The Cinematograph Act 1952, Cinemas (Regulation) Act 1958 (Kerala), Cine Workers and Cinema Theatre Workers (Regulation), 1981, One Workers Welfare Cess Act, 1981, Cine Workers Welfare Fund Act, 1981, aren’t followed in the Kerala film industry,” she added.

The Hema Committee proposed establishing a tribunal to address women's issues and workers' rights in the Kerala film industry. Shockingly, the Left government took no action on this recommendation as it had shelved the report for four years.

Meanwhile, CS Venkiteswaran, a national award-winning film critic, told The Quint that although there is a union in the Kerala film industry, it does not function effectively as one, and is part of an exploitative nexus.

Venkiteswaran was referring to FEFKA, the Film Employees Federation of Kerala, which represents various workers and technicians involved in film production, including directors, cinematographers, and other crew members.

He explained that a fundamental problem with the Kerala film industry is the lack of a constant employer-employee relationship, as film projects are continuously changing. Additionally, the industry is not site-specific, meaning that workers do not have a regular workplace; exploitation can occur even before a project begins. The investment-return dynamics in the film industry are also distinct from those in other sectors. Moreover, the abundance of talent in the industry complicates the implementation of conventional labour laws.

However, citing the power of unions in Hollywood, Venkiteswaran suggested that establishing strong and effective unions in the Kerala film industry is essential for improving the situation.

On Wednesday, Ashiq Abu, a prominent director in the Kerala film industry, criticised B Unnikrishnan, the head of FEFKA. Abu claimed that the union is failing to fulfil its responsibilities and is instead siding with powerful, abusive groups in the industry, rather than standing up as a union should.

(Rejimon Kuttappan is an independent journalist, labour migration specialist and author of Undocumented [Penguin 2021]. This is an opinion piece, and the views expressed are the author’s own. The Quint neither endorses nor is responsible for them.)