Hema Committee Report: Amicus Curiae Tells Kerala High Court That An Eminent Woman Should Lead Formulation Of Film Policy
Advocate Mitha Sudhindran, appointed as Amicus Curiae by the special Bench hearing matters related to the Justice Hema Committee Report has suggested in her report submitted before the High Court that it would be wise to nominate a lady of eminent reputation and experience to head the formulation of film policy. The High Court in its hearing had orally remarked that State should see that...
Advocate Mitha Sudhindran, appointed as Amicus Curiae by the special Bench hearing matters related to the Justice Hema Committee Report has suggested in her report submitted before the High Court that it would be wise to nominate a lady of eminent reputation and experience to head the formulation of film policy. The High Court in its hearing had orally remarked that State should see that the chairperson of the film policy drafting committee should be a person that inspires confidence in the women.
The Amicus also submitted a series of suggestions that can be included in the legislation which the State has proposed to formulate to address the issues in the entertainment industry.
- Constitution of Kerala Entertainment Industry Regulatory Authority (KEIRA) to regulate and develop the entertainment industry. The body should exercise oversight and regulatory control over all bodies like Chalachitra Academy and Kerala State Film Development Corporation and collectives like Film Chamber of Commers, Producers' Association, AMMA, MACTA, FEFKA etc. KEIRA will be entrusted with ensuring the compliance of relevant labour laws and provide welfare schemes, to address gender discrimination and promote inclusivity by incentivizing diverse representation, to conduct training sessions on legal compliance, ethics and creative practices, to monitor compliance with registration guidelines, to conceptualize effective incentivizing mechanisms like grants and tax benefits and to monitor the environmental impact of filmmaking
- Creation of a web portal where all stakeholders and projects can be registered. The web portal should have profile of the stakeholders detailing their works and ongoing disputes. KEIRA will be responsible for ensuring the veracity of the details available on the portal
- Casting Calls can be announced through the web portal for protecting against bogus middle-man. Any newcomer who is desirous of registering in the web portal should be given training in sexual harassment identification, retaliation prevention and reporting to equip them.
- Contemplate a system to provide adequate protection from retaliation for complainants. The regulatory framework would be able to eventually obliterate the harmful power imbalances existing within the industry. Awarding litigation cost to the victim should be the norm.
- False prosecution by giving fabricated complaints must be penalised
- KEIRA should take steps to resolve disputes between stakeholders using conciliatory methods to attain speedy resolution
- A Tribunal or Adjudication forum headed by a retired High Court Judge should be constituted to adjudicate various issues including those referred to it by KEIRA.
- Written agreements must be mandated between all stakeholders to determine the rights and obligations of artists within the entertainment industry.
The Report after incorporating various perspectives from various sides had also made the following suggestions:
- State must invest in practical steps to ensure more representation and opportunities in the entertainment industry.
- State Government must compile a Regulatory Complaince Blue – print enumerating the array of regulations applicable to the entertainment industry, based on which stakeholders can develop their compliance practices.
Case Title: Navas A. @ Paichira Nivas v State of Kerala and Others
Case No: WP(C) 29846/ 2024