Equality Legislation For Women In Cinema Must Go Beyond Male-Female Binary, Intersectional Realities Must Be Addressed: Kerala High Court

The Special Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha considering the batch of cases relating to the Hema Committee report orally observed,

“The one thing that you need to keep in mind when you discuss, it is not mere male-female bifurcation. You need to keep in mind the intersectionality aspect also. When you are talking about equality and gender parity, you have to also understand how this operate in a realm where you don't have a homogeneous group representing females. Or male for that matter. Homogeneity in a class is what has led us in our rulings on equality thus far. Maybe that needs a reimagination…”

Earlier, the Women's Commission had pointed out that a special legislation would be needed to address the specific issues faced by the women in the entertainment industry in the light of the lacunae in the PoSH Act.

The Court highlighted the importance of incorporating intersectionality in the final legislation. Explaining intersectionality, the Court further orally remarked:

“When you are talking about women, there can be Dalit women, women in lower economic strata. For them, any state action or any action by citizens in society could have varying degrees of effect. That is what intersectionality is all about. When you are talking about different aspects that contribute to the identity of a person as a woman, then you need to consider all those aspects when you are talking about an Equality Code, an equality legislation.”

In a previous hearing also, the Court had stressed upon the need to formulate a law that addresses the intersectional discrimination faced by women in workplaces.

When the matter came up for consideration, the government pleader submitted that the Kerala Film Policy Conclave was conducted on August 2 and 3 and the suggestions made during conclave have been put up on two websites, www.ksfdc.in and www.keralafilm.com. It was further submitted that the suggestions of the public have also been invited and can be submitted before August 25.

Senior Advocate Gopal Sankarnarayanan appearing for the Women in Cinema Collective (WCC) submitted that the website does not incorporate the report nor the detailed minutes of the conclave and what has been put up are only a few talking points alone.

The senior counsel also told the Court that a draft policy prepared by the Centre for Public Policy & Research (CPPR) was circulated to the committee assisting the government and some of the points in the same were discussed during the conclave. He, therefore, suggested that this draft policy can be given to the Court in a sealed cover so that the Court can see if all the points are covered in the draft policy.

The Court, thereafter, asked the government pleader to submit the said draft in a sealed cover so that it can be a basic document to compare with and deliberate on. It also told that the government can go ahead with the discussion on the talking points published on the websites.

The batch of cases will be heard again on September 17.

Case No: WP(C) 29846/ 2024 and other matters

Case Title: Navas A @ Paichira Navas v State of Kerala and other matters