Kochi, Aug 20 The Kerala High Court on Wednesday orally observed that any equality legislation framed for the protection of women in the entertainment industry must consider intersectionality and not be confined to a simple male-female binary.
A Special Bench comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha was hearing a batch of petitions connected to the Hema Committee report.
The Bench highlighted the need for a nuanced approach, noting: "It is not mere male-female bifurcation. When you talk about equality and gender parity, you have to also understand how this operates in a realm where you don't have a homogeneous group representing females - or males, for that matter. Homogeneity in a class is what has led us in our rulings on equality thus far. Maybe that needs a reimagination."
The Hema Committee, headed by retired Justice K. Hema, was set up by the Kerala government in 2017 to study issues faced by women in the Malayalam film industry. Its report, submitted in 2019, highlighted workplace harassment, lack of safety, gender discrimination, and absence of institutional mechanisms to protect women.
The Court explained intersectionality by pointing out that women from marginalised groups - such as Dalit women or those from economically weaker sections - often experience layered forms of discrimination.
"Any state action or action by citizens in society could have varying degrees of effect. That is what intersectionality is all about," the Bench remarked.
The need for special legislation had earlier been raised by the Kerala Women's Commission, which argued that the existing POSH Act leaves critical gaps in addressing workplace issues unique to women in the film industry.
The Court has, in previous hearings, also underscored the necessity of addressing intersectional discrimination in workplaces.
During Wednesday's hearing, the government pleader informed the Bench that a Kerala Film Policy Conclave was held on August 2 and 3, and suggestions from stakeholders were published on the websites of Kerala State Film Development Corporation (ksfdc.in) and Kerala Film (keralafilm.com).
Public inputs have also been invited until August 25.
Appearing for the Women in Cinema Collective (WCC), senior advocate Gopal Sankarnarayanan submitted that the websites contain only a few talking points, not the full report or conclave minutes.
He said a draft policy prepared by the Centre for Public Policy and Research (CPPR) had been circulated among committee members and suggested that it be placed before the Court in a sealed cover.
The Bench directed the government pleader to submit the draft policy in a sealed cover, clarifying that it would serve as a reference for deliberations.
Meanwhile, discussions on the published talking points may continue.
The matter will be taken up again on September 17.
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