The Kerala High Court emphasized the critical need to address intersectional discrimination faced by women in India, particularly focusing on the multifaceted challenges faced by women belonging to marginalized communities. The court's observations were made during a hearing concerning the drafting of a new state law aimed at protecting women in the workplace, following revelations from the Justice Hema Committee Report.
The court noted that existing legislation often fails to adequately address the unique challenges faced by women due to their intersectional identities (e.g., a Dalit woman facing discrimination based on both caste and gender). The new law, the court stressed, must explicitly incorporate provisions to tackle such intersectional discrimination.
The court also considered suggestions from various stakeholders, including:
The High Court underscored the importance of adopting an intersectional viewpoint in the new legislation, acknowledging that this would be a pioneering step in addressing these complex issues. The matter has been adjourned to February 6th, 2024, for further hearing.
The Kerala High Court on Thursday (January 16) orally observed that women in India face discrimination at multiple levels due their inter-sectionality, adding that the new legislation being drafted by the State to protect women at workplace in the aftermath of shocking revelations made by the Hema Committee Report, must address these issues.
"Although we have tackled discrimination to some extent, inter-sectionality is not usually addressed...There is still a big gap in inter-sectionality discrimination in multiple levels. Like a Dalit woman, she faces discrimination in multiple levels, as a woman and due to her social status. Not so much in Kerala but in northern states, it is more,"Â Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha orally observed.
The Court added that since these issues are not addressed by the existing legislations, the new law must include all possible inter-sectionality issues of women.
"Economic inequality faced by woman etc should be considered...you know, for example, women labourers. The economic inequality that you have from economically lower strata coupled with the fact that she is a woman. These are all aspects that needs consideration," Court added.
The development comes while hearing matters relating to Justice Hema Committee Report, where the Court had asked the Government to draft a special legislation to address the issues faced by women in society, especially in their workplace. This was after women in the Malayalam film industry disclosed numerous issues faced by them in workplace, including, sexual demands, sexual harassment, abuse and assault.
During the hearing today, Amicus Curiae Mitha Sudhindran submitted a report, setting forth the suggestions made by various stakeholders for the model legislation.
The Women In Cinema Collective (WCC) suggested that a common cinema code of conduct must be adopted. It suggested that workplace rights must be defined with clear definitions of workplace, workers, work hours, and rights. It also stated that there must be full compliance with the POSH Act and zero tolerance policy must be adopted against any form of harassment or discrimination against women. They also suggest formulation of an Interim Regulatory Commission with a retired High Court Judge-led body with diverse industry representation to monitor compliance.
WCC further suggests that there must be mandatory equal and active female representation in policy-making bodies, executive committees, and leadership roles within the film industry. It also states that mandatory basic facilities must be ensured and must grant entertainment tax Waivers and subsidies to achieve gender parity. They also suggest that there must be gender inclusivity workshops and awareness campaigns.
The Cultural Academy for Peace suggested that issues of non-payment and lack of agreements must be addressed and stated that District Regulatory Boards must be constituted.
The Kerala Women's Commission suggested that a gender neutral legislation must be drafted to protect both employees and employers across the film industry. They suggested that there must be comprehensive film industry safety and compliance portal to monitor mandatory registration before production of a movie, compliance of safety and working conditions, execution of legally binding contracts etc.
After perusing the report the Court stated, “…more importantly the intersectional viewpoint because that is something that we have not addressed in our legislations up to date. Although we have tackled to some extent discrimination, etc., in particular areas, whether it is you know caste, sex, gender, etc. This intersectionality has not been addressed in any of the the legislations….that is one thing we need to be pioneers in because this will likely be the first of this kind of legislation by any State…”
The matter is now posted to February 06 for further hearing.
Case Number: WPC No. 31205/2024 & Other Cases
Case Title: Jannath v State of Kerala & Other CasesÂ
Skip the extension — just come straight here.
We’ve built a fast, permanent tool you can bookmark and use anytime.
Go To Paywall Unblock Tool