The Justice K. Hema Committee report, publicly released by the Kerala government on August 19, 2024, has sparked a significant debate about the challenges faced by women in the Malayalam film industry.

• Justice K. Hema Committee Report:
  • Background: The committee was established in 2017 in response to the sexual assault of a Malayalam film actress. The report, submitted in 2019, focuses on the various issues faced by women within the Malayalam film industry.
  • Public Access: A redacted version of the report is now publicly available.
  • Scope: While the report specifically addresses issues within the Malayalam film industry, the problems are widespread and affect the broader entertainment industry.

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Key Issues highlighted by the Hema Committee report

• Sexual Exploitation: Women in the industry are reportedly pressured to exchange sexual favors for career opportunities. Those who refuse are often sidelined by powerful figures.
• Discriminatory Practices: The Hema Committee report also notes widespread discrimination against women and the lack of basic facilities. It highlights a systemic issue of gender inequality in the workplace.
• Broader Implications
  • Gender Equality: The report underscores a critical lack of gender equality in the workplace, highlighting the need for systemic change.
  • Reinforcing the Conversation: The recent brutal incident of a doctor’s rape and murder in Kolkata further emphasizes the urgent need for discussions on gender-based violence and workplace safety.

Culture of Assault

• Disturbing but Not Surprising: The issues raised in the Hema Committee report reflect deeper problems within a conservative, patriarchal society.
• Stereotypes and Expectations: Women face societal expectations and stereotypes that influence their behavior and choices, contributing to a culture where sexual assault is seen as an isolated issue rather than a systemic problem.
• Consent and Autonomy: Sexual assault should be viewed not just as an act by an individual but as a result of societal norms that disregard women’s consent and autonomy.
• Individualistic Approach: A focus on individual behavior often distracts from the systemic nature of sexual assault, where objectification and gender stereotypes play a significant role.
• Statistics: In 2022, there were 31,516 reported rape cases in India, equating to one reported case every 16 minutes. Workplace harassment is also a reflection of this pervasive issue.

Legal and Institutional Responses

• Vishaka Guidelines (1997): The Supreme Court of India introduced guidelines to prevent workplace harassment, requiring employers to set up complaint redress mechanisms.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This legislation established the Internal Complaints Committee (ICC) for addressing workplace harassment, with a broad definition of “workplace” including industries like film-making. 

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Challenges and Recommendations

• Limitations of ICC: The Hema Committee report suggests that the ICC may not be effective in the film industry due to potential influence by abusers or employers.
• Need for Independent Forums: The report advocates for an independent government-constituted forum to address issues in the film industry specifically. However, this suggestion faces challenges and may overlook the benefits of existing parliamentary legislation.

Registration of Crimes

• Lack of Investigation: There is concern about why crimes identified by the Hema Committee report have not led to formal investigations or prosecution. The committee’s report has redacted the names of survivors and accused individuals. This protects survivor anonymity, a standard practice in sexual assault cases.
• Survivor Anonymity: The Supreme Court in Nipun Saxena vs. Union Of India (2018) reinforced the importance of protecting survivor anonymity under Section 228A of the Indian Penal Code and similar provisions in the Bharatiya Nyay Sanhita. This protection aims to prevent hostile discrimination and future harassment.
  • Right to Privacy: Article 21 of the Constitution guarantees the right to privacy, including the protection of the identity of sexual assault survivors.
• Victim’s Role and Challenges:
  • Victim’s Choice: Victims have the right to decide whether to pursue legal action. However, the effectiveness of prosecution often depends on the victim’s cooperation.
  • Reluctance to Complain: Survivors may be reluctant to report assaults due to societal stigma, fear of retaliation, and the protracted nature of legal proceedings. Trials in sexual assault cases can be lengthy due to judicial delays.
• Societal and Systemic Issues:
  • Misguided Empathy: Societal attitudes that view survivors with pity or disgust, rather than support, discourage reporting and perpetuate the status quo.
  • Retaliation Fears: Survivors may face retaliation, including professional repercussions or being labeled as troublemakers, which further deters them from pursuing complaints.
• Context of the Hema Committee:
  • Formation and Background: The committee was established following a high-profile sexual assault case in the Malayalam film industry, which remains unresolved. 

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Conclusion

The Hema Committee report highlights systemic issues of sexual exploitation and discrimination in the Malayalam film industry, revealing broader societal challenges. Survivor anonymity and reluctance to report crimes are significant obstacles, compounded by slow legal processes and societal stigma. Addressing these issues requires a proactive, supportive approach that ensures protection and accountability for survivors.

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The recent Hindi movie Srikanth, starring Rajkummar Rao, portrays the inspiring story of Srikanth Bolla, an industrialist who triumphs over visual impairment. In the film, Srikanth’s family faces pressure from the villagers, discouraging them from investing in his education or future. This scenario highlights a broader societal issue, where many parents of children with disabilities are made to believe that their children are not worth the investment in their growth and potential.

Challenges Faced by PwDs

• Social Stigma: Persons with disabilities (PwDs) often encounter stigma and marginalisation.
• Discrimination: Individuals with disabilities often face significant discrimination in education and employment. In the movie, for example, Srikanth Bolla is denied admission to the science stream due to his visual impairment, despite his strong academic performance and determination. This instance reflects a broader issue where individuals with disabilities are frequently unjustly excluded from opportunities based on prejudiced assumptions about their capabilities.
• Struggle for Dignity: PwDs frequently struggle to maintain their dignity amidst these challenges.
• Educational Institutions: Institutions often lack the necessary infrastructure and support mechanisms to adequately support students with disabilities.
• Workplaces: Workplaces frequently lack robust diversity policies, resulting in insufficient representation and support for persons with disabilities (PwDs).

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Status of Education and Jobs for PwDs

• Employment:
  • 2023 Report: According to a 2023 report by Nifty 50 companies, only five out of 50 companies employ more than 1% persons with disabilities (PwDs), with four of these being public sector companies.
  • Legislative Mandates: Despite legislative mandates for reservations and equal opportunity policies for PwDs, many employers have not fully implemented these measures.
  • Model Example: Brazil’s model requires companies with over 100 employees to ensure PwDs make up 2%-5% of the workforce, with fines for non-compliance. Japan offers subsidies to employers of PwDs.
• Education:
  • Accessibility Issues: Data from the National Centre for Promotion of Employment for Disabled People shows that:
    • Less than 1% of educational institutions are disabled-friendly.
    • Less than 40% of school buildings have ramps.
    • About 17% have accessible restrooms.
  • Sarthak Educational Trust Report: The report highlights that while the Rights of Persons with Disabilities Act, 2016, mandates reservations and incentives, implementation is lacking.
  • Need for Inclusive Framework: The Indian education system needs a more inclusive framework similar to:
    • Harvard University: Local Disability Coordinators assist PwDs with accommodations.
    • Stanford University: Provides support in housing, devices, and has a comprehensive resource centre for PwDs.
  • Current Initiatives:
    • Shiv Nadar University (2023): It offers personalised support based on the student’s disability, but measures are not institutionalised and lack uniformity.
    • UGC Guidelines: The University Grants Commission has draft guidelines for accessible formats in admissions, but the presence of PwDs in higher education remains low.
    • The Rights of Persons with Disabilities Act, 2016, replaces the 1995 Act and aligns with the UNCRPD, expanding the definition to include 21 types of disabilities. 
      • It defines a person with a disability as someone with a long-term impairment that hinders full societal participation, and includes those with high support needs. 
      • The Act also empowers the government to add more categories of disabilities.

Recommendations

• Investments: Public and private institutions should invest in infrastructure and policies to support PwDs.
• Compliance Mechanisms:Incentives and penalties can drive better adherence to disability inclusion policies. Japan, for instance, has developed a system of subsidiaries for employees who have some form of disability.

Striving for Dignity

• Historical and Societal Portrayal of Disabled People
  • David Hevey’s Observation: British artist David Hevey highlighted that the portrayal of disabled people (PwDs) has historically been oppressive and negative. PwDs have often been depicted as socially flawed able-bodied people, rather than as individuals with their own unique identities.
  • Sociologist Colin Barnes’s Argument: Sociologist Colin Barnes argues that PwDs are often portrayed as objects of pity, violence, curiosity, and ridicule. They are seen as burdens on society, sexually abnormal, and incapable of community participation. This negative portrayal influences societal attitudes towards PwDs.
• Erosion of Identity:
  • Negative Perceptions: PwDs are frequently viewed as pitiful or helpless. There is a common misconception that PwDs can only form relationships with one another. Additionally, the intersection of disability with other factors such as caste or gender can create a compounded burden on individuals.
  • Example of Stigmatization: The recent mockery of PwDs by former cricketers in a viral video after India won the World Championship of Legends highlights the persistent stigmatization and lack of respect for PwDs. This mockery reflects the broader societal failure to treat PwDs with dignity.
• Bridging the Gap:
  • Abhishek Anicca’s Perspective: In his book, The Grammar of My Body, Abhishek Anicca reflects on the negative perceptions of disabled people, noting that the able-bodied often fail to understand or reach out to PwDs. He emphasizes that it is the responsibility of those who create the distance to bridge the gap and foster understanding and respect.

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Conclusion

To fully integrate persons with disabilities (PwDs) into society, India needs to enhance both educational and workplace inclusivity through improved infrastructure and effective policies. Adopting global best practices and ensuring robust implementation of legislative mandates are crucial for fostering equal opportunities. Investment in supportive frameworks and compliance mechanisms will be key to achieving meaningful progress for PwDs.

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The Union Cabinet has approved the Unified Pension Scheme (UPS), which will guarantee pensions for government employees after they retire. This scheme will start from April 1, 2025.

• This move comes in response to criticism of the New Pension Scheme (NPS) from government employees, which has also been used by the Opposition for political leverage.
• Some states governed by the Opposition, such as Himachal Pradesh (2023), Rajasthan (2022), Chhattisgarh (2022), and Punjab (2022), have switched back to the Old Pension Scheme (OPS).

What Are the Main Components of the Unified Pension Scheme?

• Assured Pension: The UPS guarantees a pension amounting to 50% of an employee’s average basic pay from the last 12 months before retirement, provided they have a minimum qualifying service of 25 years. For shorter service periods, the pension amount will be reduced proportionately, down to a minimum of 10 years of service.
• Assured Minimum Pension: For those retiring after at least 10 years of service, the UPS includes a provision for an assured minimum pension of ₹10,000 per month.
• Assured Family Pension: If a retiree passes away, their immediate family will receive 60% of the last pension amount drawn by the retiree. 
• Inflation Indexation: All pensions under the UPS, including the assured pension, minimum pension, and family pension, will be adjusted for inflation based on the All India Consumer Price Index for Industrial Workers, similar to current employee adjustments.
• Lump Sum Payment at Superannuation: In addition to the gratuity, retirees will receive a lump sum payment calculated as 1/10th of their monthly emoluments (pay plus dearness allowance) for every six months of completed service at the time of retirement.

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Why was the NPS Introduced in 2004?

• Old Pension Scheme (OPS): The Old Pension Scheme (OPS) provided government employees with a pension calculated based on their last drawn salary, ensuring a predictable post-retirement income. 
• Challenges with OPS
• • Rising Pension Liabilities: While straightforward, the OPS became financially unsustainable over time due to a significant flaw—it was an unfunded system. There was no dedicated corpus set aside to meet future pension liabilities, meaning the pensions were paid out of current government revenues.
  • Sustainability Concerns: As more employees retired and life expectancy increased due to better healthcare, the government’s pension obligations grew exponentially. This escalating financial burden strained public finances, making the OPS fiscally untenable in the long term. 
  • Impact of Globalization, LPG Reforms, and Pay Commission Hikes: The economic landscape also changed significantly with the Liberalization, Privatization, and Globalization (LPG) reforms of the early 1990s. These reforms led to an expansion of the economy, but also introduced new fiscal pressures. Additionally, the recommendations of successive Pay Commissions, which aimed to improve the salaries and pensions of government employees, further amplified the financial obligations under the OPS.
    • 1990-91 Figures: In 1990-91, the Centre’s pension bill was ₹3,272 crore, while the combined pension outgo for all states was ₹3,131 crore.
    • 2020-21 Figures: By 2020-21, the Centre’s pension bill had increased 58-fold to ₹1,90,886 crore, and for states, the pension outgo had risen 125-fold to ₹3,86,001 crore. These staggering increases illustrate the growing fiscal strain caused by the OPS.

What Was the NPS? What Was the Basis of Opposition to It?

• Key Features of the NPS:
  • No Assured Pension: Unlike the Old Pension Scheme (OPS), the NPS did not guarantee a fixed pension amount.
  • Employee-Funded: The NPS required contributions from both the employee and the government. Employees contributed 10% of their basic pay and dearness allowance, while the government contributed 14% (later increased to 18%).
  • Pension Fund Managers: The NPS offers schemes through nine pension fund managers, including SBI, LIC, UTI, HDFC, ICICI, Kotak Mahindra, Aditya Birla, Tata, and Max. 
  • Risk Profiles: These schemes vary in risk from ‘low’ to ‘very high’, allowing individuals to choose based on their risk tolerance.
• Investment Choices: Individuals under the NPS could select from various investment options, ranging from low to high risk, and choose pension fund managers from both public and private sectors.
• Issues with NPS:
  • Lower Assured Returns: Government employees faced lower assured returns under the NPS compared to the OPS.
  • Employee Contributions: The NPS required employee contributions, unlike the OPS, which did not involve employee funding.
• Basis of Opposition:
  • Lack of Guaranteed Pension: The main opposition to the NPS was due to the absence of a guaranteed pension, which was a significant shift from the OPS.
  • Funding Responsibility: The shift to a scheme funded by the employee and the government, rather than a pre-existing corpus, was also a point of contention.

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Who Can Avail the Unified Pension Scheme?

• Effective Date: The Unified Pension Scheme (UPS) will be implemented from April 1, 2025.
• Eligibility: The UPS will apply to individuals who have retired under the National Pension System (NPS) from 2004 onwards.
• Arrears Adjustment: Retirees under the NPS will have their arrears adjusted with the amounts they have already received under the NPS.
• Preference: According to Cabinet Secretary TV Somanathan, the UPS is expected to be more beneficial than the NPS for over 99% of retirees. While most will prefer the UPS, there will be an option for those who choose to remain under the NPS.
• Applicability: The UPS is currently applicable to central government employees, but states also have the option to adopt the scheme.

Difference Between UPS and OPS

• Financial Impact: The implementation of the UPS is expected to incur an expenditure of ₹800 crore for arrears and approximately ₹6,250 crore in the first year. Despite this, the UPS is considered more fiscally prudent.
• Scheme Structure:
  • UPS (Unified Pension Scheme):
    • Funded Contributory Scheme: The UPS operates on a contributory basis where both the employee and government make contributions, creating a funded scheme.
  • OPS (Old Pension Scheme):
    • Unfunded Non-Contributory Scheme: The OPS is an unfunded scheme where pensions are provided without prior contributions, relying on government revenue at the time of payment.

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Conclusion

The Unified Pension Scheme (UPS) aims to address the shortcomings of the National Pension System (NPS) by providing a guaranteed pension, unlike the NPS’s defined contribution model. While the UPS offers a more assured and predictable retirement benefit, it retains the financial prudence of a contributory scheme. As it replaces the Old Pension Scheme (OPS), it represents a significant shift toward more sustainable pension reform.

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