Workplace sexual harassment: Insights from Hema Committee report and beyond

The Hema Committee report has once again ignited a debate on the issue of women, varying from the common to the privileged who have been facing sexual harassment at workplaces. Sexual harassment in workplaces remains a pervasive issue globally, affecting women across industries and cultures. Recently the country, particularly Kolkata was also shaken by a brutal incident involving the rape and murder of a young woman, who was a doctor, sparking widespread outrage and protests across the country. The victim was found in a critical state and succumbed to her injuries, highlighting the growing concerns over women's safety in workplaces. The incident has also led to demands for swift justice, stronger law enforcement, and better protective measures for women in the workspace as well.

The Hema Committee report, which examined the Malayalam film industry's working conditions, brought this issue to the forefront, highlighting the urgent need for systemic change. Formed in 2017, after the scandalous Actress Sexual Assault incident, the committee was tasked with addressing the challenges faced by women in the Malayalam film industry, particularly around harassment and gender inequality. The report’s findings revealed widespread instances of sexual harassment, a lack of adequate safety measures, and significant gender-based disparities in the workplace. The committee’s recommendations, including the establishment of an Internal Complaints Committee (ICC), gender sensitization programs, and the introduction of stronger legal frameworks, were crucial in advocating a safer and more equitable work environment.

As a matter of fact, the implications of the Hema Committee report extend far beyond the Malayalam film industry. The issues it uncovered resonate with challenges faced by women in various sectors across India, from IT and education to healthcare and corporate environments. Despite legal protections, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, implementation has been inconsistent. Cultural barriers, lack of awareness, and inadequate enforcement have often undermined the effectiveness of these legal provisions. Case studies across different industries reveal a mixed record of success and failure in implementing these protections, with many workplaces still struggling to create a safe environment for women.

The Kerala government’s inaction over the last five years on the findings and recommendations in the Hema Committee report is a glaring example of a lack of political will to address deep-rooted issues within the Malayalam film industry. Submitted in 2019, the report shed light on the rampant sexual harassment faced by women in the industry and even unveiled the presence of a drug racket operating behind the scenes, besides other forms of moral decay. Despite these alarming findings, the government has failed to implement any substantial measures to protect women or dismantle the criminal networks within the industry. This continued negligence underscores a troubling indifference toward women's safety and justice, as well as an apparent reluctance to confront powerful figures within the industry. The absence of decisive action not only emboldens perpetrators but also disheartens those fighting for a safer, more equitable workplace. Overall, the report was one demanding immediate intervention and transparency from the authorities to restore faith in the system.

When it comes to the judiciary, from a broader perspective, several historical judgments, have also showcased a troubling tendency to undermine the rights and dignity of women, particularly in cases of sexual assault and rape. Recently, the Karnataka High Court's remarks in The State v Shri Rakesh B even scrutinized the behavior of the victim instead of holding the perpetrator accountable. Judgments like those in Mohit Subhash Chavan v State of Maharashtra, where the accused was advised to marry the minor victim, and the infamous "Rakhi" order, reflect more of a patriarchal mindset that trivializes the trauma of survivors. Such rulings perpetuate harmful stereotypes. The Delhi High Court's ruling in State vs Mahmood Farooqui further undermined consent by suggesting that a "feeble no" could imply a yes!. Such judgments not only erode trust in the legal system but also highlight the urgent need for judicial reforms that prioritize justice and equality over outdated, misogynistic views.

Other than the “system” including public servants as well as the courts, organizations, and industry bodies play a pivotal role in addressing these issues. Proactive measures such as training programs, awareness campaigns, and strict anti-harassment policies are essential for moulding a safety culture and respect between genders. Above all, it is crucial to strengthen workplace safety for women through a combination of policy, organizational commitment, and cultural change. Recommendations include reinforcing the ICC, conducting regular audits, and imposing stringent penalties for non-compliance. Equally important is the need for a cultural shift that encourages the reporting of harassment, supports victims, and creates a zero-tolerance environment. The media and public discourse also have to shape perceptions and promote safer workplaces significantly. Addressing sexual harassment requires a comprehensive approach that combines legal, organizational, and cultural efforts to ensure that all women can work in environments free from fear and discrimination. It is good to remember that “the day a woman can walk freely on the roads at night, that day we can say that India has achieved true independence”.

Nabeel Kolothumthodi is the Parliamentary Secretary to a Lok Sabha MP and an alumnus of the Faculty of Law, University of Delhi.