Law, sex and patriarchy: Kerala in light of the Hema Committee report

The Hema Committee report on problems faced by women in the Malayalam film industry has opened the lid of a can of worms we are all too familiar with, reports Abhish K. Bose. .—.IN the verdant landscape of Kerala, a crisis festers, shrouded in secrecy and societal conceit. Sexual corruption, a hydra-headed monster, stalks the streets, preying on the vulnerable and the voiceless. The proliferation of technology has unleashed a torrent of temptation, as social media and the internet beckon with promises of forbidden fruit..A complex web of factors, including a toxic tapestry woven from threads of pseudo-liberalism, pseudo-progressivism, and the insidious influence of neo-liberalism are contributing to this..In this dystopian landscape, the voices of the victims are muffled, their stories reduced to mere whispers in the wind. Yet, there are those who dare to speak truth to power, who refuse to be silenced by the suffocating grip of societal norms..The Hema Committee report, a damning indictment of sexual exploitation in the film industry, has sparked a conversation, a tentative step towards a more inclusive, more compassionate society..“A complex web of factors, including a toxic tapestry woven from threads of pseudo-liberalism, pseudo-progressivism, and the insidious influence of neo-liberalism are contributing to this..Beneath the façade of secularism and progressivism, Kerala conceals deep-seated conservative ethos and remnants of feudal values. The situation reflects a form of social conceit, a civil society struggling to fully embrace its historical transition from a caste-ideological society to a postcolonial modern society..In this world of shadows and silence, where sexual corruption reigns supreme, there are glimmers of hope. The voices of the brave, the resilient and the determined, refusing to be silenced, refusing to be defeated. A world where love and relationships are built on mutual respect and trust, not power and exploitation. A world where the vulnerable are protected, and the voiceless are heard..Kerala is grappling with a pervasive crisis of sexual corruption that transcends age, profession and social status. The proliferation of technology has only exacerbated the issue, creating a sex-scandalous society..Also read: Is it time for a law addressing sexual violence against Muslim women?.But why is this happening? Is there something unique to Kerala driving this crisis? What are the underlying factors? Recently, serious allegations against well-known actors in the Malayalam film industry have reignited discussions about the sexual corruption prevalent not only in the film industry but across all segments of society. No demography seems immune to sex-related corruption or allegations..This troubling situation persists despite Kerala's high Human Development Index (HDI) and high literacy rate. With an HDI of 0.794, Kerala surpasses the national average of 0.724..Crimes against women in Kerala have steadily increased since 2020. According to Kerala police statistics, 12,659 cases of crimes against women were recorded in 2020. This number rose to 16,199 cases in 2021, 18,943 cases in 2022 and 18,980 cases in 2023..As of June 2024, 9,501 cases have already been reported. Perhaps the efficient recording of the crimes in the state may have resulted in a steady increase in the numbers..While factors such as technological advancement, the democratisation of social media, and the pressures of a neo-liberal economy play a role, the deeper, underlying reasons for this crisis require thorough investigation..Experts The Leaflet spoke with point to a complex interplay of factors. Dr K.A. Kumar, an eminent psychiatrist and former president of the Indian Psychiatric Society, argues that sexual corruption is not unique to Kerala. He sees it as the result of a synthesis of various elements..Dr Kumar diagnoses the malaise as a symptom of a deeper disease— the erosion of empathy, the decay of the moral fibre of society.."Anarchy and licentiousness in sexual gratification are not exclusive to Kerala. They result from pseudo-liberal and pseudo-progressive ideas that are generated, nurtured and disseminated. No age group, social strata or profession is immune to sexual corruption or exploitation.."Instances of sexual exploitation of vulnerable women have likely existed in all ages, communities and social sectors. However, with the growth of social media and evolving concepts of women's liberation, these cases come to public attention more frequently and fervently. The stability and quality of marital relationships suffer seriously..Spouses and children feel betrayed and disgraced, leading to family disruption, which creates a fertile ground for depressive disorders, suicides, addiction disorders, and personality and conduct disorders in children," he explains..Also read: Aparajita Bill: The inadequacy of rape law reform.Dr Kumar's analysis has revealed that the psychological and social costs of sexual indiscretion and anarchy are long-term and enormous. The growth of exploitative consumerism in our society enhances the perception of women as sexual commodities and encourages the bartering of sexual favours for benefits or privileges, his analysis points out.."This issue likely spans all social sectors, enterprises and power hierarchies. In the world of film, media and art, where the quicksands of success, glamour and fame prevail, such practices are more rampant and unbridled..“The Hema Committee report, a damning indictment of sexual exploitation in the film industry, has sparked a conversation, a tentative step towards a more inclusive, more compassionate society.."Alcoholism and drug abuse— especially synthetic designer substances— seem to contribute to the escalation of sexual indiscretion and anarchy. The dilution, undermining and weakening of law enforcement and justice due to political, judicial, bureaucratic and corporate corruption encourage delinquency and criminal behaviour in society, including sexual crimes," Dr Kumar emphasises..Dr Kumar calls for the government to implement effective sex education programmes to address this crisis at its roots..He explains that effective sex education programmes in both formal and informal educational sectors are essential. Secondary school teachers should receive comprehensive training to impart healthy lessons on sexuality to students..He adds that the humanistic and ethical dimensions of inter-gender relationships should be promoted and reinforced in young minds. Parents and teachers must remember, Dr Kumar avers, that unless they live as role models, no amount or type of lessons they preach will impart true value education to their offspring or disciples..Sex education.Sex education is a subject that has long been a convenient absence from most Indian schools. When the Kerala government decided to implement the Adolescent Education Programme (AEP) prescribed by UNICEF in schools in Thiruvananthapuram, the programme had to be set aside due to widespread protests.."Sexual corruption has existed in the past as well, but its proportion was less. Men and women did not mingle as much, and greater value was placed on ethics.."Moreover, there were fewer opportunities for communication. Nowadays, things are moving in the opposite direction. Neo-liberal policies have worsened the situation," observes Dr J. Prabhash, a noted political science professor and cultural theorist..Also read: Should sexual harassment protection not be extended to gig work?.Noted theorist C.S. Venkiteswaran remarks that in Malayalam cinema, as in all cinemas, patriarchy is the rule. However, Kerala's political, social and media ecology allows people to voice their concerns and anger..Although most of these concerns are not addressed by those in power, they are still being raised, especially on social media. Any significant media uproar often triggers political action, at least symbolically or in a token manner..This is how the Hema Committee was appointed following the attack on the actress and the formation of the Women in Cinema Collective (WCC). Again, it was media uproar and the WCC campaign that forced the government to make the report public. But will its recommendations receive serious follow-up action?."If the campaign continues, it may lead to some action, but to keep it going, like in any other industrial sector, there is a need for serious and consistent union or organisational work on the part of women in cinema," Venkiteswaran postulates..Venkiteswaran adds that every culture, region, religion, community and caste in India— though all are patriarchal— follows its own modes, styles and tools of misogyny and control over women. Kerala, given its cosmopolitan history, positive sex ratio, universal literacy and political vibrancy, has its own fault lines concerning gender behaviour.."If Gulf migration, which made the Kerala model possible and fuelled its economy, was a 'male movement,' then in the post-90s era of liberalisation and globalisation, more women began to enter all sectors of the economy and sociopolitical life.."This, in a way, has threatened men and undermined their authority in the workplace, family and social spaces. It also contributes to gender tension in all domains, where men are unable to shed their feudal patriarchal privileges, while women are entering all walks of life with great confidence, skill and knowledge," Venkiteswaran points out..While many experts have pointed to the use of drugs and intoxicating substances as a reason for the spiralling number of sex-related crimes, some have said that this is a product of the state's unique culture..Dr Job Padayattil, a clinical counselling psychologist who earned a doctorate in clinical psychology from De La Salle University, Manila, Philippines, and is a member of the American Psychological Association, says that Kerala's story is unique compared to other Indian states and cultures..“Kerala is grappling with a pervasive crisis of sexual corruption that transcends age, profession and social status..He explains that in Kerala, many people wear a mask of decency. "In Kerala, people hide their sexual behaviour because they consider discussing sexual matters taboo..The state also has a sizable majority of people who live a fake, hypocritical life, hiding their true selves and being reluctant to reveal their real sexual orientation. This is a peculiar feature of Kerala's society, making it distinct from other cultures," Dr Padayattil observes..Also read: Pornography, populism and the rape culture."In other cultures, people are open about their sexual orientation, whether they are homosexual, bisexual or transgender, but Kerala is peculiar for its hypocrisy in terms of discussing sexual matters openly," he maintains..In other cultures, people behave decently towards those with different sexual orientations, but Kerala is different. The situation in Kerala is worse compared to other states of India, as per Dr Padayattil..He claims that he knows of families who refuse to disclose the sexual orientation of their children.."In such cases, parents suppress the truth, and when it becomes known, it can be even more damaging. A culture that allows open discussions on these matters is necessary," he points out..Dr Padayattil emphasises the need to develop proper sex education for students as a first step. In the current context, children are learning inappropriate things, as per him..Sexual abuse within the family, especially by close relatives, is equally damaging as it leads to a painful future for the victims. Dr Padayattil adds that vulgarity in sexual behaviour is a major problem, and he has encountered cases of married individuals engaging in homosexual relationships.."There are also cases of individuals who marry out of compulsion but later sever the relationship after becoming dissatisfied with their married life and then engage in homosexual relationships," Dr Padayattil explains..Open and honest conversations.Psychologist Dr Sowmya K. Sukumaran recommends a series of measures and notes that sexual corruption is a global phenomenon.."Sexual issues happening in Kerala are universal. It is not shocking at all. What is needed is a 'confidential register' where anyone can write or talk about their issues with the date and time noted by a mental health professional. The expert's comments and suggestions should also be recorded. This will help prevent further victimisation and serve as an evidence register," she suggests.."Violating a person's body must never be done, whether it is a man or a woman," she asserts..She concurs with Dr Padayattil's call to openly discuss the issue. "Opening up about these issues will surely create change in society and should be encouraged," she adds..As a note of caution, she says that when the issue is highly private, it should be handled discreetly according to clear legal guidelines and procedures, because media exposure and allegations only draw attention to the issue..Also read: Outraging the modesty of a woman under Indian criminal law.Literary critic Dr V. Rajakrishnan is of the opinion that sexual corruption does not have a Kerala-specific angle. "In most North Indian states, the situation is worse," he asserts. He also says that the casting couch was first reported in the Bollywood film industry..Basic instinct?.The physiological peculiarity of the male brain has an innate urge for aggression towards females, claims professor of psychiatry Dr P.N. Suresh Kumar..“While factors such as technological advancement, the democratisation of social media, and the pressures of a neo-liberal economy play a role, the deeper, underlying reasons for this crisis require thorough investigation.."There is a basic instinct in the male brain to sexually, physically and in other respects to suppress females. The frontal lobe of the male brain is organised to dominate females. The sensor mechanism in the brain, known as the prefrontal lobe, is designed to suppress females," he asserts..According to Dr Kumar, the prefrontal lobe functions as a regulatory mechanism, guiding our behaviour according to the normative values of society. In an average male, if the situation is advantageous for exploitation, his basic instincts will emerge. The male brain is inherently polygamous, prone to multiple sexual partners, whereas the female brain is designed in a monogamous manner..He adds that at times, the prefrontal lobe can be dysfunctional, and one of the main causes of this dysfunction is drug use. The use of alcohol and drugs damages the brain's sensor mechanism, leading to removal of inhibition. At that point, a human being may adopt animalistic behaviour, allowing basic instincts to surface, with drugs playing a significant role in this, as per Dr Kumar..“This issue likely spans all social sectors, enterprises and power hierarchies. In the world of film, media and art, where the quicksands of success, glamour and fame prevail, such practices are more rampant and unbridled. But others highlight more sociological and legal-administrative factors. For example, Dr Sreepriya C.P., a psychiatric social worker, expresses concern that in Kerala, public safety systems are virtually absent. "Especially at workplaces, there are no safety measures for women, and in most cases, men outnumber women. The absence of workplace safety measures and the overwhelming presence of men have increased the susceptibility of women to exploitation in these environments," Dr Sreepriya contends."The mere existence of laws is not enough to change the situation; individual attitudes must change. Existing laws are only helpful when victims resolve to legally fight against injustices, but these laws do not effectively act as a deterrent," she adds.According to Dr Sreepriya, the preventive and protective functions of the law are not happening in Kerala, which is one of the main reasons for exploitation.Dr Sreepriya stresses that the state should train young boys to behave in a gender-sensitive and gender-neutral manner. "Boys should be taught to interact with girls respectfully. In the Indian context, we are not providing a gender-sensitive upbringing for boys, which is essential for bringing about qualitative change," she adds.Also read: Complicating Indian feminism: Ambedkar and a birth control storyDilip M. Menon, professor of history at the department of international relations and the director, Centre for Indian Studies in Africa, University of Witwatersrand, Dr. Dilip M Menon, pierces the veil of hypocrisy, exposing the faultlines of a society that resists the idea of outspoken, independent women."There are certain specificities about the situation in Kerala in addition to the availability of pornography on the net. Regressive and sometimes sexually aggressive responses to women on social media and so on."Structurally, Kerala has remained a strongly patriarchal society, which has remained resistant to the idea of outspoken and independent-minded women in the public sphere. We have seen this from the 1990s in the response of the male literary establishment to pennezhuthu; the depictions of an attitudes towards women in mainstream Malayalam cinema and TV serials; and a resurgent masculinity that arose out of the need to efface the legacy of matriliny."That women should display othukkam (a restrained comportment) whether at home, in their families, or in public situations is the norm with no corresponding restraint placed on the comportment of men. The disciplining of women has led to an attitude of impunity among men regarding their behaviour," Dr Menon points out. “Dr Kumar diagnoses the malaise as a symptom of a deeper disease— the erosion of empathy, the decay of the moral fibre of society. Cultural theorist and writer Dr T.T. Sreekumar emphasises the role of technology in exacerbating sexual corruption. "The challenges of sexual corruption and the strains in marital relationships are not unique to Kerala but reflect a broader global phenomenon intensified by the proliferation of social media and technology."These platforms have undoubtedly increased tensions by enhancing visibility and exposure to various behaviours, bringing issues like infidelity and suspicion into sharper focus across societies. However, to claim that this has created a sex-saturated society requires deeper sociological and psychological studies that encompass multiple social contexts and groups," he maintains.Dr Sreekumar points out that the rise in broken marriages should not be perceived solely negatively.Also read: POCSO and judicial scrutiny of victim's evidence: Is the burden of absolute consistency too high?"The increase in strained marital relationships and divorce rates, rather than being entirely negative, can also be seen as a sign of growing openness and freedom. More couples are now willing to separate rather than endure stressful and antagonistic familial bonds, reflecting a shift towards individual autonomy and away from traditional expectations," he says."Sexual exploitation and masculine aggression remain significant issues that all societies must address through robust legal and social measures. The Hema Commission report has shed light on the high levels of exploitation within Kerala's film industry, an issue not unique to Kerala but prevalent across many sectors globally."While many existing legal frameworks are strong, there is always room for improvement and adaptation to meet evolving challenges," he maintains. “In other cultures, people behave decently towards those with different sexual orientations, but Kerala is different. The situation in Kerala is worse compared to other states of India, as per Dr Padayattil. "Awareness and comprehensive education are key to mitigating these issues. However, it is crucial to acknowledge that Kerala is a conservative society masquerading as progressive. Beneath the façade of secularism and progressivism, the state's public sphere often conceals deep-seated conservative ethos and remnants of feudal values," he adds."The situation reflects a form of social conceit, with a civil society that has struggled to fully embrace its historical transition from a caste-ideological society to a postcolonial modern society— a transition driven by the renaissance led by Dalit and subaltern leaders in the 19th and early 20th centuries," he concludes.