Hema Panel Report & Malayalam Cinema's #MeToo Movement: What's The Way Forward?

"The allegations are very difficult to prove and fall on the survivors," legal experts tell The Quint.

(Trigger Warning: Mentions of sexual harassment. Reader discretion advised)

On 16 August, Aattam: The Play – a Malayalam film which revolves around a woman actor sexually assaulted by a coworker – won three National Film Awards, including for the Best Film. Three days later, the Hema Committee report, released by the Kerala government, unearthed the ugly reality of sexual exploitation faced by women within the industry.

Though the committee identified at least 17 forms of exploitation experienced by women, including discrimination and pay parity, sexual harassment has become the focus since the release of the report.

As women actors came forward to speak out against the alleged sexual misconduct they've faced in the industry, it has had a ripple effect.

Within days of the report, actor-producer Siddique and director Ranjith resigned from their positions as general secretary of the Association of Malayalam Movie Artists (AMMA) and chairman of the Kerala Chalachitra Academy, respectively.

On Tuesday, 27 August, the executive board of AMMA was dissolved, and all its members, including president and actor Mohanlal, tendered their resignation. "AMMA has decided to disperse the executive committee on moral grounds in the light of allegations made by some actors against some of the committee members," it said.

But what's the way forward now in terms of survivors getting justice? Will the report lead to substantive changes within the Malayalam industry, or will the findings be buried under the weight of institutional apathy? The Quint speaks to experts to find answers.

Will SIT Help Address Issues? Experts Decode

After dilly-dallying over its stance for nearly a week, the Kerala government on 25 August set up a seven-member Special Investigation Team (SIT), including several women officers, to conduct a preliminary inquiry into the sexual harassment allegations.

The Kerala Police also registered a non-bailable case against filmmaker Ranjith after a Bengali actress accused him of sexual misconduct during the production of a film in 2009.

However, the Hema report, is a modified version which redacted the names of survivors and the culprits. It remains unclear on the exact role of the SIT.

Speaking to The Quint, Thulasi K Raj, a Supreme Court lawyer, explained:

"For the police to file an FIR, you need an informant. As long as the police is informed of the crime, it can register a case under the BNS (Bharatiya Nyaya Sanhita) or IPC (Indian Penal Code) and an investigation commences. But during the course, the complainant has to cooperate with the investigation. The problem arises when the survivor does not wish to proceed with the complaint, which is definitely their prerogative. But it might be difficult for an investigation to be successful and for the crime to be proved without cooperation of the complainant."

Thulasi said that the government must consider what other evidence can be collected through the SIT. "It can take witness statements, or circumstantial evidence, or look at digital records. But it will be important to see how the investigation proceeds."

Deepti Komalam, a doctoral researcher at the Tata Institute of Social Sciences (TISS) with a focus on gender, caste, and class in Malayalam cinema, said that there was doubt on "whether the SIT will look at the evidence that has been submitted to the government so far or are they going to encourage women to file official complaints."

"Unfortunately, these allegations are very difficult to prove and fall on the survivors. Plus, there is enough evidence to show that the system has not been working properly. So can one solely rely on the system to provide justice to the survivors?" she asked.

Speaking about a term called "discursive evidence," Komalam said, "It is the evidence that is collected when multiple people make allegations of similar nature against an individual or group."

She added, "The report is a quasi-legal government-sanctioned document. Previously, when women used to speak out, it used to be defended by calling it an isolated incident. But the Hema report documents the experiences of multiple women."

"What we are witnessing now is a #MeToo movement in Malayalam Cinema. Women who were once reluctant to speak, are now coming out in the open after the Hema report. This is a major attitudinal shift, and I also think it will help the SIT. If one complainant accuses one actor of assault, it's a place for the SIT to start."

Thulasi K Raj to The Quint

'Not All Survivors Will Want to Speak Out': Limitations of Criminal Justice

One of the major points made in the Hema committee report is that many of the people the panel approached were initially reluctant to speak because “they were afraid they would lose their jobs.”

"It's not just the fear of losing work, but also the onus falls on them to prove the allegations. The Malayalam industry is an informal structure. If you complain without revealing your name, it’s very easy to find out who the survivor is because it’s a very network-based industry and easy for repercussions have followed."

Deepti Komalam to The Quint

Both Thulasi and Komalam said that the societal attitudes towards sexual harassment survivors continues to remain problematic.

"It's important to recognise why survivors are reluctant to pursue complaints. It's mainly because of the society and the attitude of people towards the survivor. They are questioned about the credibility, why they didn't speak out sooner, and met with character assassination. Additionally, there is a fear of their identity being reduced to a survivor. The reduction of identity is very problematic, especially for women who want to achieve something creative and meaningful in the cinema field," Thulasi told The Quint.

Delhi-based lawyer Tahini Bhushan added that the SIT was a "deflection" from addressing the "structural reforms need in the industry."

"The film industries work with a boycott culture. The report too mentions how you are banned if you go against a group. No matter how confidential a survivor's name is kept, they fear potential retaliation in terms of refusal to give them work. Plus, if there's one thing MeToo movement taught us, it's how defamation cases were slapped on the survivors. These cases get dragged on for years. The solution lies in reforming the functioning of the Malayalam industry as a whole."

Tahini Bhushan to The Quint

Structural Issues Overshadowed by Sexual Assault Allegations

It's important to note that a large portion of the report speaks about the general working conditions of women artists which include lack of basic facilities such as toilets, changing rooms. The report also speaks about pay parity and discrimination women face due to their gender in a male-dominated space. Read the details of the report here.

Experts The Quint spoke to said that while it was important to focus on the horror of sexual exploitation narrated by women, it is also the "sensationalism in the stories" that has captured most attention.

"In this process, a lot of the core issues that the Malayalam industry faces, such as gender bias and discrimination, which has been a rampant issue has been overlooked," said Komalam.

Thulasi said that the government must also not ignore the structural issues in the industry.

"Sexual harassment is a very important issue, but we are talking about reforming an entire industry and about changing the mindset of people. To solely focus on one is problematic. The conversation still has not addressed problems like lack of sanitation facilities for women, gender pay gap etc."

Thulasi K Raj to The Quint

'Need Structural Reforms & Grievance Redressal'

Bhushan said that from the issue of gender bias to the lack of adequate sanitation facilities to hostile bias, "every issue needs to be a comprehensive study, and resolution must be brought about."

"It's not like the government has to come up with a new legislature. We already have the POSH Act. Ensure that ICCs are set up in multiple sections and unions and cross-reference them. Get someone from outside the industry to be part of the ICCs, so there is no issue of whether the member will support the perpetrators."

Tahini Bhushan To The Quint

Komalam told The Quint that since the Malayalam film industry "lacks well-defined boundaries and self-regulatory mechanisms," the responsibility lies on the government to provide a lasting mechanism of redressal. 

"There needs to be an independent redressal committee which artists can rely on, go, and file a complaint. Though unions and associations like AMMA and FEFKA exist, the ambit ends with members of their union. But to enter these organisations, you need to qualify a minimum requirement. Even if each individually set up ICCs, it does not take into account newcomer artists, who are most vulnerable," she added.

"The government can do achieve certain things meaningfully such as increasing the representation of women in leadership positions of organisations. They can suggest women, for instance, WCC for leadership positions in AMMA, the Chalachitra Academy etc. Additionally, the government should lay down basic rules and regulations on how production and set units must be made gender sensitive."

Thulasi K Raj to The Quint

Additionally, all the three experts believed that it was time for men in the Malayalam film industry to introspect the disparity and realise how difficult it is for women in the industry.

"An industry lauded for the progressive content of its films, must now ask how it can shed regressive attitudes and commit to creating a safe working environment for all," Bhushan said.

The report would only make a difference when "there will be repercussions for what has happened," she added.