Justice Hema Committee Report on Sexual harassment | Upsc Notes

Despite legislative progress and heightened awareness in place, the violence against women remains alarmingly high. Number of incidents like domestic violence,marital rape, molestation, sexual assault, dowry-related crimes, and human trafficking is still high in India Deeply ingrained patriarchal mindset, economic disparities, and orthodox cultural practices contribute to persistent gender-based violence. Reporting of such incidents in urban areas is higher due to increased awareness, while rural regions face underreporting driven by stigma and limited support systems. 

The Division Bench of Hon'ble High Court of Kerala has admitted a Public Interest Litigation (PIL) urging the Kerala state government to initiate criminal proceedings against individuals involved in sexual exploitation and harassment of female actors and models in the Malayalam film industry, as reported by Justice K. Hema Committee.

About Hema Committee Report

The Justice K. Hema Committee was chaired by Justice K. Hema, a retired judge of the Kerala High Court. This committee was appointed by the Kerala government to investigate the allegations made by female actors in Malayalam female actors against some male Directors, Producers and male actors. They shared horrific incidents of sexual harassment and other issues faced by them and other female members in the Malayalam film industry.

The Kerala government established the Justice Hema Committee in July 2017. The Justice K. Hema committee was assigned the task to investigate issues related to sexual harassment and gender inequality within the industry.

Key Points of the Justice K. Hema Committee Report

Kerala Government formed this committee so that a thorough investigation can be conducted to tackle the issue of sexual harassment and exploitation of women at workplace. The committee formed in 2017 investigated a range of issues. These are some of the key points of Justice K. Hema Committee Report:

• Investigation Regarding Allegations of Sexual Harassment: The main focus of the above mentioned committee was to investigate the serious and horrifying allegations of sexual harassment, exploitation, and physical and mental abuse faced by female actors in the Malayalam film industry. The committee met victims and have gathered testimonies from people with whom they have conducted interviews.
• Findings of Committee: The Hema Committee Report highlighted the pervasive nature of sexual exploitation and level of objectification and harassment the female members have to face on a daily basis. 
• Lack of Grievance Redressal: The report pointed out lack of SOPs and proper mechanism to deal with cases of exploitation within the industry. It addresses the dire need of a grievance redressal mechanism within the Malayalam industry to address complaints of molestation, exploitation and sexual harassment. It also highlighted underreporting by female staff and actors about incidents such as forceful entry of male actors in their make up vans, dressing rooms etc.
• Need for Reform: This report has highlighted many loopholes in the present legal system and made several recommendations to improve the working conditions for women in the Malayalam film industry. Recommendations such as establishment of an internal complaints committee (ICC) in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, formation of a support system for victims, and need for more push towards gender sensitization in the industry.

Key Finding of Justice K.Hema Committee Report

These are the following key findings of Justice K.Hema Committee Report:

• Sexual Harassment at Workplace: The Malayalam film industry is rife with incidents like molestations, exploitation and sexual harassment, including the casting couch, vulgar comments from Directors and Producers, and male co-actors invading women's private spaces like dressing room,washroom etc
• Fear of Retribution: Victims who were interviewed by the committee shared concerns like potential cyber bullying and harassment from toxic fan clubs.
• Male Dominated Industry: The whole industry is dominated by powerful male actors who oppose any reforms and silences those who go against them.

Laws Related to Women Safety In India

With several judicial pronouncements, pressure from informal and formal groups such as Pressure groups, Civil Society Organisations (CSOs), Non-Governmental Organizations (NGOs), there are legislations enacted for ensuring women safety in India. These are the following legal provisions for ensuring women safety in India:

• Sexual Harassment of Women at Workplace Act, 2013: This legislation is based on Vishakha Guidelines which mandates forming an Internal Complaints Committees (ICCs) for organizations with over 10 employees. It also defines sexual harassment and outlines complaint procedures. 
• Nirbhaya Act or Criminal Law (Amendment) Act, 2013: This legislation that was enacted after the infamous Nirbhaya gang rape case was amended in 2018 and harsher penalties were made for rapes involving girls below the age of twelve and mandates swift investigations and speedy trials through Fast track courts (FTCs). 
• Protection of Children from Sexual Offences Act (POCSO), 2012: This Act addresses sexual offenses against children and minors. It contains strict punishments for offenders and separate fast track courts (FTCs) for speedy trials.
• Prohibition of Child Marriage Act, 2006:This Act ensures that minors are protected against the evils of child marriage.
• Protection of Women from Domestic Violence Act, 2005: This Act is prescriptive as well as descriptive as it not only provides a comprehensive definition of domestic violence but also provides civil remedies for abuse within the home. 
• Indecent Representation of Women (Prohibition) Act, 1986: This Act prohibits indecent representation of women in digital as well as print media including social media and publications. 
• Immoral Traffic (Prevention) Act (ITP), 1956: This Act prevents the commercialization and trafficking of women, prohibits brothels and soliciting, while regulating prostitution itself. 

Government Initiatives for Women Safety in India 

• Beti Bachao Beti Padhao (BBBP): This scheme prevents gender-biased sex-selective elimination, ensures the protection and survival of the girl child improving the sex ratio as well as education level among girls. States like Haryana have improved its sex ratio through this scheme.
• Nirbhaya Fund: This fund was established after infamous Delhi gang rape incident and aims to fund projects which are launched for improving women’s safety and security. 
• One Stop Centres and Women Helplines: It aims to provide integrated support to women affected by violence and offer 24-hour emergency and non-emergency assistance.
• Mahila Police Volunteers: To assist women in distress, volunteers are formed and deployed to act as a bridge or intermediary between Police and community.
• Working Women Hostel Scheme: This scheme provides safe, conveniently located housing for working women. Apart from that day care facilities for their children in urban, semi-urban, and rural areas are also provided.
• Investigation Tracking System for Sexual Offences: Ministry of Home Affairs in 2019 introduced this tracking system to monitor and track timely investigations of sexual assault cases, as per the Criminal Law (Amendment) Act, 2018. 
• Emergency Response Support System (ERSS): This provides a unified emergency number (112) and coordinates dispatch of resources to distress locations. 

Conclusion

The Committee has done its task of suggesting loopholes and incidents of crimes against women in the industry. The onus now lies on the government to carefully act on those recommendations and give justice to those who have faced sexual harassment and exploitation at workplace.

Key Takeaway for UPSC Aspirants Women's safety and Gender equality in India remains a significant concern, with increasing cases of violence, harassment, and gender-based discrimination. Legal frameworks like the Criminal Law Amendment Act, 2013, and POCSO Act, 2012, aim to enhance protection for women. The Indian Constitution contains multiple provisions in the form of Preamble, Fundamental Rights, Directive Principles of State Policy and some other provisions for empowering women. There are many government initiatives in place like 'Beti Bachao, Beti Padhao,' and 'One Stop Centres' that provide support and resources to address women's safety. Social awareness campaigns, self-defense training, and educational programs are crucial in empowering women and promoting a safer environment. Despite progress, challenges such as delayed justice, societal attitudes, and enforcement gaps continue to hinder women's safety efforts.

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