Most ICCs in entertainment industry not legal, women’s commission tells Kerala HC

Court suggests that actors and celebrities refrain from taking up roles and that depict women in a derogatory manner

Published - October 14, 2024 07:25 pm IST - KOCHI

The Kerala Women’s Commission on Monday informed a Special Bench of the High Court that most of the Internal Complaints Committees (ICC) hastily formed by various associations in the entertainment industry are not legally constituted in accordance with Section 4 of the the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) (POSH) Act, 2013.

When the public interest litigations filed in the wake of the Hema Committee report came up for hearing before the Bench, Parvathy Menon, counsel for the women’s commission, submitted that Section 26(1)(a) of the Act specifically states that the failure to constitute an ICC, as required under subsection (1) of Section 4, constituted an offense. However, there are no specific rules under the POSH Rules outlining how Section 26 of the Act should be invoked.

‘Centre should amend rules’

She submitted that the POSH Rules enacted by the Union government remain silent on who should file a complaint regarding the offences under Section 26(1) of the Act. Therefore, the women’s commission submitted that the Centre be directed to amend its rules in tune with the POSH Act to ensure its effective implementation.

During the hearing on the petitions, the Bench suggested that actors and celebrities refrain from taking up roles and that depict women in a derogatory manner. They must understand that their growing popularity comes with an increased responsibility to society and it is therefore imperative that they refrain from engaging in activities prohibited by the Constitution. When a prominent actor portrayed roles derogatory to women, the public would get influenced and even think that it was acceptable conduct.

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