WCC moves plea in Kerala High Court for Cinema Code of Conduct

The Women in Cinema Collective (WCC) has filed a petition before the Kerala High Court seeking the implementation of a Cinema Code of Conduct (CCC) to create a safe, equitable, and well-regulated work environments on film sets [Women in Cinema Collective v State of Kerala & ors]..The Special Bench of Justices AK Jayasankaran Nambiar and CS Sudha on Thursday admitted the petition for further hearing.The Bench has been hearing matters related to the recent public release of the Justice K Hema Committee report on the working conditions of women in the Malayalam film industry, which had indicated widespread sexual harassment and gender discrimination in Mollywood. The Bench has also been considering the implementation of guidelines to ensure workplace rights, safety, and gender equality in the industry.The WCC’s petition calls for the implementation of a comprehensive plan to address concerns of abuse, discrimination, and sexual harassment, with a focus on transparency, accountability, and regulatory oversight..The WCC argues that the absence of a regulatory framework has allowed powerful factions within the film industry to suppress opposition and control key aspects of filmmaking.To tackle such issues, the Cinema Code of Conduct proposed by the collective emphasizes on certain key points including: (1) making a commitment to a progressive work culture, including by signing a common charter to adopt the code, which will also put in place a reporting and redressal forum;(2) protecting workers' rights, including by compiling a database for filmmakers/ film projects and providing government-recognised IDs for filmmakers, making work contracts and film insurance mandatory, fixing maximum working hours etc.(3) ensuring film sets are PoSH compliant, creating safe spaces for women including by incentivizing more employment of women in film sets; and (4) ensuring a zero tolerance policy to sexual harassment, caste/ gender/ class/ sexual orientation/ ethnicity based discrimination, or illegal commissions, intimidation, shadow bans on work and allied coercive practices..The plea notes that the Hema Committee had also recommended the establishment of a tribunal to address gender equity and promote comprehensive cinema policies.However, the State is yet to implement this and other recommendations, leaving the industry vulnerable to abuse, the WCC contended.Since it will take time to enact a law to tackle such issues, there is a need for interim guidelines, the collective pointed out. It has, therefore, also outlined some of the interim guidelines that may be put in place. .The interim guidelines suggested include steps to prevent unethical practices on film sets, as well as steps that ought to be taken if any harassment or misconduct takes place. The WCC has emphasised that employers must initiate appropriate criminal proceedings when laws are violated and ensure that employees or witnesses are not victimised.The WCC says that an Internal Grievance Redressal Mechanism should be put in place, which could include a complaints committee with at least half of the members being women and independent third-party representatives. The committee should report annually to government authorities, the WCC added. The WCC further proposes setting up an Interim Regulatory Commission, headed by a retired High Court judge, which could formulate policies on working conditions, security, leave policies, and redressal mechanisms. This Commission could also be given the power to hear complaints at the first instance, as well as any appeals arising out of the decisions of the Internal Complaints Committee under the PoSH Act, the WCC suggested. An appeal against a decision of the Commission could be filed in the High Court, it added. Among other interim measures, the WCC has also called on taking steps to spread awareness about employees’ rights.Those who violate the guidelines should also face strict penalties, raging from a fine to the possibility of a ban from the industry, the WCC added..Senior Counsel Gopal Sankaranarayanan along with advocates Sradhaxna Mudrika, V Shyamohan, Kuriakose Varghese appeared for the Women's Collective in Cinema.