The Kerala High Court has taken a progressive step toward ensuring gender justice in the film industry by emphasizing the need to incorporate intersectionality while drafting equality legislation. This development follows the release of the Justice Hema Committee report and the Kerala Film Policy Conclave, which discussed critical reforms to address discrimination and workplace challenges faced by women in cinema.
Court’s Key Observation on Equality
A Special Bench comprising Dr. Justice AK Jayasankaran Nambiar and Justice CS Sudha, while hearing multiple cases linked to the Hema Committee report, stressed that equality should not be understood merely as a male-versus-female issue.
The Court stated that the concept of equality must evolve beyond traditional definitions. “You must keep in mind the intersectionality aspect as well. When you are talking about equality and gender parity, you must 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 guided our rulings on equality so far. Maybe that needs reimagination…” the Bench noted during proceedings.
Why Intersectionality Is Crucial
Intersectionality refers to the interconnected nature of social identities—such as caste, class, religion, and economic status—and how these overlapping factors contribute to unique experiences of discrimination or privilege.
The Bench explained that a one-size-fits-all approach would fail to address the layered discrimination women may face in the film industry. “When you are talking about women, there can be Dalit women, or women from lower economic strata. For them, any state action—or any action by citizens in society—could have varying degrees of impact. That is what intersectionality is about,” the Court remarked.
Limitations of Existing Laws
The Kerala Women’s Commission had earlier pointed out that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly known as the PoSH Act—does not adequately cater to the unique workplace dynamics of the entertainment sector.
The film industry, unlike conventional workplaces, operates with informal working conditions, freelance contracts, and a lack of permanent employer-employee relationships. These factors often make it difficult for women to seek redress under the existing legal framework. Hence, a dedicated Equality Code tailored to the industry’s specific challenges is being seen as a necessary step.
Policy Conclave and Public Feedback
The state government informed the Court that the Kerala Film Policy Conclave was held on August 2 and 3, and the suggestions arising from the event have been made available on www.ksfdc.in and www.keralafilm.com. Citizens have been invited to provide further recommendations before August 25, making it a collaborative effort toward shaping future legislation.
However, concerns were raised by Senior Advocate Gopal Sankarnarayanan, representing the Women in Cinema Collective (WCC), who highlighted that only limited information from the conclave had been published. He informed the Court that a comprehensive draft policy, prepared by the Centre for Public Policy & Research (CPPR), had already been circulated among committee members. He further suggested that this draft be submitted to the Court in a sealed cover to ensure that all recommendations were being thoroughly considered.
Moving Towards a Comprehensive Equality Code
The Court has been consistent in urging the government to formulate a law that not only ensures gender parity but also addresses the nuances of intersectional discrimination. Such a law would recognize that women working in the film industry are not a monolithic group and may experience workplace challenges differently depending on their socio-economic, cultural, and personal backgrounds.
This approach represents a significant departure from traditional legal frameworks that often view discrimination through a singular lens. Instead, it seeks to build an inclusive legislative structure that offers equitable protection to all women, particularly those who face compounded vulnerabilities.
A Turning Point for the Film Industry
The Kerala High Court’s remarks come at a time when the Indian entertainment industry has been under scrutiny for issues related to workplace harassment, lack of representation, and systemic gender bias. With increasing public awareness and legal interventions, there is hope that a new policy framework—built on intersectionality—will bring meaningful reforms.
By addressing these concerns, the upcoming Equality Code could set a precedent not only for Kerala but for the broader Indian entertainment industry, potentially influencing labour and workplace laws across various sectors.
Looking Ahead
As the government works on finalizing its draft legislation, incorporating intersectionality will be crucial in ensuring that the new law is both comprehensive and inclusive. It marks a shift from seeing equality as a uniform concept to recognizing its many dimensions, especially in industries as diverse and complex as cinema.
This development signals a progressive shift in India’s legal approach towards gender justice—one that acknowledges the realities of discrimination in all its forms and aims to create a more equitable future for women in the workplace.