Kerala Nears New Law for Entertainment Industry to Address PoSH Act Gaps

KOCHI — The Kerala government is on the verge of introducing a landmark piece of legislation aimed at protecting individuals in the state's entertainment industry, with a draft law expected to be presented to the Council of Ministers in early November. This development, confirmed before a special bench of the Kerala High Court, marks a critical step in addressing significant legal gaps identified in the existing framework of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act).

The government's commitment was made during a hearing on October 8 before a Special Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha. The bench is overseeing a batch of writ petitions, including Navas A @ Paichira Navas v State of Kerala (WP(C) 29846/2024), which stem from the recommendations of the Justice Hema Committee report on issues plaguing the Malayalam film industry.

"It is submitted by the learned government pleader that the deliberations are ongoing for bringing out a draft legislation as suggested earlier and the draft of the legislation is likely to be placed before the Council of Ministers in the first week of November," the Court recorded in its order, before posting the matter to the second week of November to review the outcome.

This move towards a sector-specific law could establish a new precedent in Indian employment law, offering a tailored solution for an industry characterized by informal work structures, freelance contracts, and unique power dynamics.

Identifying the Legislative Void: The PoSH Act's Limitations

The impetus for this specialized legislation gained momentum after the High Court itself highlighted a crucial deficiency in the PoSH Act. During previous hearings, the bench had orally observed that the 2013 central legislation fails to protect women who face sexual harassment while seeking employment. This lacuna is particularly pronounced in the entertainment sector, where auditions, casting calls, and networking events often precede formal employment contracts, leaving aspiring artists vulnerable and outside the traditional definition of a 'workplace'.

The Court had astutely pointed out that the PoSH Act’s protections are triggered once an individual is an "aggrieved woman" at a "workplace," definitions that are contingent on some form of existing employment or engagement. This leaves a significant pre-employment phase, a grey area where exploitation can occur without a clear statutory remedy.

Following the Court’s observations, the Kerala Women’s Commission advocated for a special legislation specifically designed for the entertainment field. The government responded by organizing the Kerala Film Policy Conclave on August 2 and 3, a multi-stakeholder consultation process. Suggestions from this conclave, along with public feedback invited through the websites of the Kerala State Film Development Corporation (KSFDC) and the Kerala Film Chamber of Commerce, have informed the draft law that is now ready for ministerial review.

The Hema Committee Report: The Catalyst for Change

The entire legal and legislative process is anchored in the findings of the Justice Hema Committee. Formed in 2017, the committee was tasked with studying the working conditions of women in the Malayalam film industry, following a high-profile actress assault case that sent shockwaves through the nation. The committee, which also included veteran actress Sharada and retired IAS officer K.B. Valsala Kumari, submitted its comprehensive report in 2019.

While the full report has controversially not been made public, citing the confidentiality of witness testimonies, its recommendations have become the cornerstone of the ongoing judicial and legislative efforts. The Women in Cinema Collective (WCC), an organization of women working in the industry, has been at the forefront of demanding the implementation of these recommendations and, more recently, has called for a public version of the report to be released.

The current proceedings before the High Court consolidate several petitions, some demanding the implementation of the report's suggestions and the creation of a grievance redressal mechanism, while others had sought a formal investigation into related matters.

Judicial Oversight and the Path Forward

The special bench of the High Court has played a proactive role in ensuring the government's accountability. By setting clear timelines and scheduling follow-up hearings, the Court is actively steering the state towards legislative reform.

During the recent hearing, the Court also inquired about the status of petitions seeking investigation. The government pleader confirmed that the investigation was complete and that a statement detailing its progress would be filed by the next hearing. The bench hinted that these specific petitions might be closed once the final pleadings are completed, shifting the focus entirely to the forthcoming legislation.

"What about the investigation? That is over, isn't? How many of these writ petitions are seeking a prayer for investigation? Now that can be closed?" the Court orally inquired, signaling its intent to streamline the litigation and concentrate on the systemic solution—the new law.

Legal Implications and National Significance

The development in Kerala is being closely watched by legal professionals and industry stakeholders across the country. If enacted, the new law could serve as a model for other states and potentially for other sectors with non-traditional work environments, such as the gig economy and media.

For legal practitioners, the key aspects of the draft law will be of immense interest: 1. Expanded Definitions: How will the law define 'employee', 'employer', and 'workplace' to encompass the fluid and often temporary nature of film production? Will it explicitly cover auditions, workshops, and pre-production meetings? 2. Pre-Employment Protections: The most critical element will be the mechanism to address harassment faced by individuals seeking work, a direct response to the High Court’s observations on the PoSH Act's shortcomings. 3. Grievance Redressal Mechanism: The law is expected to mandate a robust, industry-wide grievance redressal system, potentially an external body that can handle complaints impartially, a long-standing demand of the WCC. 4. Compliance and Enforcement: The legislation will need strong enforcement provisions and clear penalties for non-compliance by production houses, studios, and industry associations to be effective.

As the draft prepares to go before the Kerala Council of Ministers, the legal community awaits a piece of legislation that could redefine workplace safety standards, extending protection beyond the confines of a traditional office and into the dynamic, and often vulnerable, world of the creative industries. The High Court's continued supervision in the second week of November will be crucial in ensuring that this legislative promise translates into meaningful and enforceable protection.