Casting Couch Culture: Now the Kerala Congress Controversy
The Spectre of Sexual Harassment: Kerala Under Scrutiny—from the Justice Hema Commission Report to Sensational Allegations Against the Congress Party by Ms. Simi Rosebell John.
Sexual Harassment in Kerala’s Film Industry and the Congress Party
The pervasive issue of sexual harassment, long a serious concern for civil society and women's rights advocates, has been thrust back into the harsh glare of public scrutiny by the Justice Hema Commission's comprehensive report on the Malayalam film industry, followed closely by the explosive allegations made by senior Congress party leader Ms. Simi Rosebell John from Kerala against her own party. These revelations have torn away the facade of respectability, exposing the deeply ingrained and abhorrent practice of the "casting couch"—a euphemism for the coercion of aspiring actors, particularly women, into providing sexual favours in exchange for roles or career advancement.
The report's findings have sent shockwaves through Kerala's cultural landscape, shattering the long-held progressive image of Malayalam cinema, which was celebrated for being centred around arguably the only matriarchal society in the country. The report has unveiled a hidden world of systemic abuse, rampant gender discrimination, and unchecked power imbalances that have allowed sexual harassment to flourish for far too long. These revelations have not only reignited fierce debates about workplace safety and gender equality in the entertainment industry but have also highlighted the urgent need for robust safety mechanisms and comprehensive reforms within political parties, particularly those with a national presence.
Sexual Harassment Allegations Extend to Congress Party
The issue of sexual harassment in the workplace has now extended beyond the entertainment industry into the political sphere, following explosive revelations in Kerala. Senior Congress leader Simi Rosebell John has alleged that a "casting couch" culture, similar to that of the Malayalam film industry, is also prevalent within the Congress Party. She claimed that women in the party often have to "impress" male leaders to secure important positions, bypassing merit and experience, and that exploitation is a widespread issue. These allegations, which include accusations against several party leaders such as opposition leader VD Satheesan, have sparked intense debate and criticism on a national level.
In response, the Kerala Pradesh Congress Committee (KPCC) expelled Ms John from the party, citing her remarks as defamatory and an insult to the party's women functionaries. She countered by challenging the party to provide evidence against her allegations, stating that women with dignity cannot work in such an environment. This controversy has drawn attention from other political parties and reignited discussions on the prevalence of sexual harassment across sectors, highlighting the need for effective mechanisms and reforms to address these issues in all organisations, including political parties.
The Role of Internal Complaints Committees (ICCs) in Addressing Workplace Sexual Harassment
Internal Complaints Committees (ICCs) are essential mechanisms established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, to address and prevent sexual harassment in the workplace. These committees are designed to create safer work environments for women across all sectors by handling complaints, conducting inquiries, recommending actions against perpetrators, and fostering awareness about sexual harassment and employees’ rights.
ICCs are mandated to receive complaints of sexual harassment and conduct fair and impartial inquiries into allegations. Based on their findings, they can recommend appropriate actions, such as written apologies, warnings, withholding promotions or pay rises, termination of employment, or counselling. ICCs also play a crucial role in promoting a safe workplace culture through regular training sessions, workshops, and information dissemination about organisational policies on sexual harassment.
To ensure fairness and representation, ICCs must be composed of a senior-level woman employee as the Presiding Officer, at least two employee members committed to women’s causes or with social work experience, and an external member from an NGO or association dedicated to women's issues. At least half of the committee members must be women. ICCs have powers akin to those of civil courts, including summoning individuals, requiring documents, and receiving evidence on affidavits. They must maintain confidentiality throughout the process to protect the complainant’s privacy and prevent victimisation.
For organisations with ten or more employees, establishing an effective ICC is mandatory, making compliance with these provisions crucial for ensuring a safe and respectful workplace environment1.
The Legal Foundations of Internal Complaints Committees: From Vishaka to Legislation
The establishment of Internal Complaints Committees (ICCs) to address sexual harassment in the workplace has its roots in the landmark Supreme Court case, Vishaka v. State of Rajasthan (1997). This case arose from the 1992 gang rape of a social worker in Rajasthan, highlighting the lack of effective legal mechanisms to address sexual harassment. In response, the Supreme Court recognised sexual harassment as a violation of fundamental rights under the Indian Constitution and issued the "Vishaka Guidelines," which required all workplaces to establish complaint committees to handle such cases, enforce preventive measures, and ensure strict disciplinary actions against offenders.
These guidelines served as an interim solution until formal legislation was enacted. This came in the form of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which mandated the creation of ICCs in organisations with ten or more employees. The Act empowered ICCs to receive complaints, conduct inquiries, recommend disciplinary actions, and promote awareness about sexual harassment, thereby fostering a safe and respectful work environment.
The establishment of ICCs under this Act represents a significant advancement in providing a structured mechanism to address and prevent sexual harassment in the workplace. Building on the foundation laid by the Vishaka case, ICCs have become essential in promoting a culture of accountability and empowering women to seek justice in the workplace.
Addressing Sexual Harassment in Small Workplaces: Options Beyond Internal Complaints Committees
For women employees in organisations with fewer than 10 employees, where Internal Complaints Committees (ICCs) are not mandatory, there are still several remedies available to address sexual harassment. Even in the absence of an ICC, employers are legally and morally obligated to provide a safe work environment, and employees can report harassment directly to the employer or management. It is the employer's duty to address these complaints promptly and take necessary actions to prevent further incidents.
Additionally, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, establishes Local Complaints Committees (LCCs) at the district level to handle complaints from smaller workplaces, as well as cases where the alleged harasser is the employer. LCCs play a crucial role in extending legal protection to women in smaller organisations or the unorganised sector by ensuring they have access to justice. These committees are empowered to handle complaints, conduct inquiries, and recommend appropriate actions while maintaining confidentiality.
Women employees also have the option to pursue legal action by filing complaints with the police under relevant sections of the Indian Penal Code (IPC), or they can approach bodies such as the State Women's Commission or the National Commission for Women. These organisations are equipped to investigate complaints, offer legal advice, and take action to protect women's rights. Other avenues include filing a case in civil court for damages, seeking assistance from unions, or receiving support from NGOs and women's rights organisations.
Through these mechanisms, women in all employment contexts are ensured access to justice and protection against sexual harassment, safeguarding their rights regardless of the organisation's size.
Legal Recourse Beyond Internal Complaints Committees: Rights of Women Employees in Cases of Cognizable Offences
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, mandates the establishment of Internal Complaints Committees (ICCs) as a key mechanism for addressing sexual harassment within workplaces. However, it's important to note that going through an ICC is not obligatory for a woman employee if the offence is cognizable under criminal law, such as in cases involving the outraging of modesty under Section 354 of the Indian Penal Code (IPC).
In such instances of serious offences, a woman employee is empowered to directly approach the police and file a criminal complaint, independent of the ICC process. This means that while ICCs provide an internal mechanism for handling harassment complaints, focusing on workplace-specific remedies and preventive measures, they do not replace or override the existing criminal laws.
Furthermore, a woman employee has the option to pursue both the ICC process and criminal proceedings simultaneously. This dual approach allows her to benefit from the protections and remedies offered by the ICC—such as disciplinary actions, awareness programs, and policy changes—while also seeking criminal penalties through the legal justice system. The ICC process is particularly valuable for its ability to offer workplace-specific remedies, including creating a safe work environment, protecting against retaliation, and promoting a culture of respect and equality.
Overall, while the ICC process is crucial for addressing workplace harassment, it is not required for cognizable offenses. Women retain the right to directly seek criminal justice, empowering them to choose the most appropriate course of action based on the severity of the harassment and their specific circumstances.
Understanding Sexual Harassment: Definitions and Implications for All Genders
Sexual harassment in the workplace is a significant issue that affects individuals regardless of gender, position, or power dynamics. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, defines sexual harassment broadly to include any unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature. This behaviour can explicitly or implicitly affect employment, interfere with work performance, or create an intimidating, hostile, or offensive work environment.
The Act specifies that sexual harassment includes promises of preferential treatment or threats of detrimental treatment related to employment, threats about employment status, interference with work, and humiliating treatment that could affect an individual's health or safety. Importantly, sexual harassment is recognised as an issue of power and control rather than being limited by the gender of the harasser or victim. This means that a woman boss can be guilty of sexually harassing a female subordinate, as the law focuses on the unwelcome nature of the conduct and its impact, not the genders involved.
Understanding these definitions and principles is essential for fostering an inclusive workplace where all forms of harassment are identified and addressed, ensuring protections are applied fairly to everyone.
Summing Up and Looking Forward
As women's participation in the workforce continues to expand beyond traditional professions like nursing and teaching, which have long been considered suitable for women, there is an urgent need to increase awareness and understanding of sexual harassment, and to develop a culture of “zero tolerance” towards this malaise. Despite the legal avenues available, navigating the path to justice is far from easy for a harassed female employee. The process can be financially burdensome and emotionally draining, often taking a significant psychological toll. The fear of being labelled a "difficult person" or facing career repercussions—in the same organisation or elsewhere—can also deter many women from speaking out, even in the face of severe sexual exploitation. Unfortunately, female peers often advise silence to avoid these consequences.
Additionally, women in leadership positions, including female bosses, must demonstrate greater empathy and support when complaints arise. The recent sweeping statements by Ms. Simi Rosebell John, while not addressing a specific incident, serve as a crucial wake-up call for political parties, especially those that advocate for female participation and women's empowerment. Mere slogans like "लड़की हूं, लड़ सकती हूं" (I am a girl, I can fight) will not suffice for the grand old party—the Indian National Congress. A safe environment and equal opportunities are essential for encouraging broader involvement of women in politics, and the Women's Reservation Constitutional Amendment alone, while a significant step, will not suffice. Establishing Internal Complaints Committees (ICCs) at various levels within political parties should now become the norm rather than the exception, ensuring a secure and supportive environment for all women to first survive and then thrive.
Let’s wait and see whether it shall be done anytime soon, or if the matter will be brushed under the carpet as the cacophonous TV debates die down2.
Internal Complaints Committees (ICCs) are critical bodies established within organisations to address and prevent sexual harassment of women in the workplace. These committees are mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which lays out the legal framework for creating safer work environments for women across all sectors.
Purpose and Mandate
ICCs are mandated by law to serve several key functions:
Receive and Address Complaints: ICCs are responsible for receiving complaints of sexual harassment from employees and addressing them promptly.
Conduct Inquiries: Upon receiving a complaint, ICCs must conduct a fair and impartial inquiry into the allegations.
Recommend Appropriate Action: Based on the findings of the inquiry, ICCs are empowered to recommend suitable actions against perpetrators.
Create Awareness: Beyond handling complaints, ICCs must also work towards raising awareness about sexual harassment and educating employees about the rights and protections available to them.
Ensure a Safe Work Environment: ICCs are tasked with fostering a workplace culture that is free from gender-based discrimination and harassment.
Composition
To ensure fairness and representation, the composition of an ICC is carefully defined:
Presiding Officer: A senior-level woman employee must serve as the Presiding Officer of the ICC.
Employee Members: The committee should include at least two members from amongst the employees, ideally those committed to women’s causes or with experience in social work.
External Member: An external member from an NGO or an association committed to women's causes must also be part of the committee, bringing an outside perspective and additional expertise.
Gender Representation: At least half of the total members of the ICC must be women to ensure balanced gender representation.
Key Functions
The ICCs have both preventive and remedial functions:
Preventive: ICCs are tasked with creating awareness and promoting a safe work environment through regular training sessions, workshops, and dissemination of information about the organisation’s policies on sexual harassment.
Remedial: In cases where a complaint is made, the ICC must receive the complaint, conduct a thorough inquiry, and recommend appropriate action based on the findings.
Powers
ICCs have powers similar to those of civil courts to effectively carry out their mandate:
Summoning and Enforcing Attendance: ICCs can summon individuals to attend meetings or hearings.
Requiring Discovery and Production of Documents: The committee has the authority to request relevant documents and information necessary for the inquiry.
Receiving Evidence on Affidavits: ICCs can accept and evaluate evidence presented in the form of affidavits.
Complaint Procedure
The procedure for filing and handling complaints is outlined as follows:
Filing a Complaint: Employees can file complaints in writing to the ICC. Complaints must typically be filed within three months of the incident, although this period can be extended under certain circumstances.
Inquiry Timeline: The ICC is required to complete the inquiry within 90 days of receiving the complaint to ensure a swift resolution.
Confidentiality
Maintaining confidentiality is a crucial aspect of the ICC’s mandate. The committee is obligated to keep all details of the complaint, the identities of the parties involved, and the proceedings of the inquiry confidential to protect the privacy of the complainant and prevent victimisation.
Penalties
Based on the findings of an inquiry, the ICC can recommend various penalties for the perpetrator, such as:
A written apology
Warning or reprimand
Withholding of promotions or pay rise
Termination of employment
Counselling
Mandatory Compliance
Establishing an effective ICC is mandatory for all organisations with ten or more employees, as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Compliance with these provisions is essential for fostering a safe and respectful workplace environment.
