The Effects Of #Metoo Movement On Gender Relations And Power Dynamics- Analysis Of The Movement’s Influence
Author: LawSphereX
Category: General Law
Published:
Updated:
THE EFFECTS OF #METOO MOVEMENT ON GENDER
RELATIONS AND POWER DYNAMICS- ANALYSIS OF THE
MOVEMENT’S INFLUENCE
Riddhi Bisht & Simran Gulia, BA LLB, Maharaja Agrasen Institute of Management Studies Affiliated To Guru Gobind Singh Indraprastha University, Delhi
ABSTRACT
This study delves into the Global influence of the MeToo Movement which played a significant role in raising awareness regarding the issue of sexual harassment in the workplace among the public. This movement aims to contribute to eliminating the mistreatment of women in their workplace. This paper examines the gender dynamics affecting the conditions of women before this movement and the significant shift in Women’s role in society from taking responsibility for Domestic work to engaging in working sectors such as Agriculture, Politics, Textiles etc. It is further mentioned how the portrayal of women in the film industry has played a crucial role in shaping the status of women.
The movement was first introduced in 2006 but gained recognition in the year 2017 due to the influence of social media platforms which is also emphasised along with the historical background and Impact of the Movement. In India, the major impact that the MeToo Movement caused was the HEMA Committee Report which was publicly released in August 2024. Some case studies are emphasized upon which the movement gained significant attention as allegations were levelled against high-profile personalities. The Movement has encouraged the Authorities to enforce laws that protect the Victims of Sexual Harassment. The MeToo Movement highlights the need for further measures to be taken to recognize and improve the conditions of women in their workplaces. It has also faced criticism as it has affected Gender relations and instilled a fear of being misrepresented among men.
The MeToo Movement has helped in addressing that it is essential to ensure a safe environment for women and equal treatment and opportunities at their workplace.
1. LITERATURE REVIEW
PRIMARY SOURCES
ACTS
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act 14 of 2013)—This act aims to create a safe and conducive work environment for women and provide protection against sexual harassment. • Indecent Representation of Women (Prohibition) Act, 1986 (Act 60 Of 1986).—The act aims to safeguard women from being depicted in ways that objectify or exploit them through various media and advertisements.
REPORTS
HEMA Committee Report, 2019 (Published in August 2024) - This report was introduced to provide a safe environment and equal opportunities in the Malayalam Film industry. The report aimed to enhance the existing legal system to protect the victims of sexual harassment. This report was the initiated by Kerala Government which was the first time any state government of India had taken such an initiative.
SECONDARY SOURCES
ARTICLES
Joanna Regulska, “The #MeToo Movement as a Global Learning Moment” (2018): The paper talks about ‘Sexual Harassment’ as a common practice across the globe every woman has experienced this in one way or another but they knew it was not right. The women define what harassment, violence and assault mean to them quoting it as a ‘Global Learning Moment’. • Anne Brown, “More than Twice as Many Americans Support than Oppose the #MeToo Movement”(2022) - The paper provides insight into the people who oppose and support the movements and it has an empirical study that provides the public opinion of people on issues revolving MeToo Movement varying from who supports the
movement and who doesn’t and reasons for the same to how many of these incidents are even real or just some public stunt? • Bun-Hee Lee, “#MeToo Movement; It is Time We All Act and Participate in Transformation” (2018) - This paper talks about the need for education, training, and policies related to ‘Sexual Harassment in the Workplace’ as there is a lack of effective reporting systems. It further talks about the movement aiming at promoting awareness and changing harmful behaviours rather than creating animosity and fear among genders. • Arin H. Ayanian, Özden Melis Uluğ, Helena R. M. Radke, and Andreas Zick, “The social-psychological predictors of men's backlash responses to the #MeToo movement”(2023) – This paper mentions the criticism of MeToo movement and measures in support of men such as collective responsibility and promotion of Gender equality.
It also highlights the views of men against the MeToo movement with the help of the data collected by surveying 230 American male participants.
2. INTRODUCTION
Indian Society has always witnessed the dominance of men since ancient times. Women have always been treated as someone inferior to men and there has been so much evidence to prove this statement. In earlier times, there have been practices like 'Sati Pratha', 'Pardha System', 'Child Marriage', and 'Dasi Pratha' among many more. Even the ancient Hindu texts like Manu Smriti have included derogatory terms like 'Swabhav Ev Narinam' which means that it is the nature of women to seduce men, and another text 'Matra Swastra' which means wise people must avoid sitting with one's mother, or daughter or sister since lust is always strong and can lead to temptation. Since ancient times, Men were portrayed as ‘Breadwinners’ whereas Women were portrayed as ‘Homemakers’ which is why it was known as 'Patriarchal Society' or ‘Male Dominated Society’.
The portrayal of women in a derogatory and vulgar manner led to the thinking in society that men are better than women which resulted in the prevalence of a culture of patriarchy where the dominance and concentration of power is in the hands of males whereas females play the role of being subordinate to men. The Patriarchy has affected women in many more ways than one can think about. Such designated roles in society where males are
considered to be confident, strong, rational, and competitive whereas women are to be expected to nurture their families, be submissive, and fulfill domestic responsibilities. When marrying off his daughter a father must pay some form of payment which was called a ‘Dowry’ earlier but now due to the enactment of Dowry Prohibition Act 1 it is presented in the form of a ‘Gift’. It is because of such practices in society that people often consider having a female child as a burden. It is clear that even if the time has changed it's all about people's attitude whether they want to change or not. The changing roles and responsibility of women in the Indian Society has been depicted through films.
The first film 'Raja Harishchandra' was released in 1913 during that time acting was not considered a respectable profession for women so Dada Saheb Phalke made a male actor, Anna Hari Salunke, perform the role of Queen Taramati. The film 'Mother India' released in 1957 tells the story of a mother who struggles to raise her two sons and survive against the mischief of money lenders when her husband leaves them behind to fend for themselves and the film 'Mother '98' portrays the story of a single mother. The films made by Canadian-Indian Film Maker, Deepa Mehta, made the film ‘Fire 1996’ which created public outrage as the women were portrayed as Lesbians whereas the other film ‘Water 2005’ stirred anger among members of Hindu Religious Groups and ended riots in North India as it shows the evil side of the religion and the atrocities committed against Hindu Widows during 1940s.
Worshipping female Goddesses like Laxmi, Saraswati, Maa Kali, Paravati, and Mansa Devi has been a prevalent practice in India since ancient times. Still, Society has failed to protect the dignity of women. It was only after India was under British Colonial Rule that acts like the Bengal Sati Regulation Act2and the Widow Remarriage Act3 were enacted. After the colonial rule ended, the Indian Constitution was under the process of being framed when B. R. Ambedkar, who was the Law Minister of the Indian Legislative Council at that time introduced the 'Hindu Code Bills' that aimed at ensuring equality for women which was not accepted by the Indian Legislative Council thus B. R. Ambedkar resigned from his post. The
1 Dowry Prohibition Act,1961 (Act 28 of 1961)
2 Bengal Sati Regulation Act,1829 (Act 17 of 1829)
3 Widow’s Remarriage Act, 1856 (Act 15 of 1856)
bills were finally passed by the Indian Legislative Council in the years between 1952 and 1958 and were divided into four parts i.e., Hindu Marriage Act4, Hindu Succession Act5, Hindu Minority and Guardianship Act6 and Hindu Adoption and Maintenance Act7.
STATUS OF WOMEN IN SOCIETY BEFORE THE METOO MOVEMENT
The role of women has shifted from domestic settings to other significant sectors like politics, education, agriculture, and textiles with the changing times. Women began working in the agriculture sector to support the family income as the rates of essential commodities were inflated. They worked in planting seeds, weeding, harvesting and winnowing of the crops and these crops were for family sustenance rather than for sale. The women would look after the domesticated animals for the milk, eggs, fur, wool, meat, and labour for human consumption. Women were unpaid labourers and had no share in the property and they were expected to rely on their male kinship for their needs. Earlier there was no emphasis on the educating women but with the independence, the need was felt to educate women as the nation grows with its people and women are certainly part of the nation.
The 86th Constitutional Amendment that provided Free and Compulsory Education to the child in the age group of 6 to 14 years as a Fundamental Duty under Article 51A (k). Later in 2009, the Right of Children to Free and Compulsory Education Act8 was passed by the Indian Legislature followed by the introduction of the Right to Education as a Fundamental Right in 2010. As India became Democratic it provided the women with the ‘Right to Vote’ in the first general elections held in 1952. Sarojini Naidu became the state's first governor of Uttar Pradesh in 1947. The reservation of seats for women in the Lok Sabha Elections was about 12 to 15%. After that, many prominent figures like Sucheta Kriplani, Sheila Dixit, Sonia Gandhi, Sushma Swaraj, and Smriti Irani entered into politics with the desire for social change, empowerment, and gender equality.
Women were also involved in traditional textile performing dyeing, weaving, and embroidery as a part of their household responsibilities. The establishment of textile mills in urban areas made a way for women to work and earn for
4 Hindu Marriage Act, 1955 (Act 25 of 1955)
5 Hindu Succession Act, 1956 (Act 30 of 1956)
6 Hindu Minority and Guardianship Act, 1956 (Act of 1956)
7 Hindu Adoptions and Maintenance Act, 1956 (Act 78 of 1956)
8 Right of Children to Free and Compulsory Education Act, 2009 (Act 35 OF 2009)
themselves and not depend on male kinship for their income. The National Sample Survey of 2004 to 2005 shows an increase in the workforce compared to the previous survey that was conducted in 1999. The reason for such an increase in the workforce was the employment of women at workplaces. With the introduction of Liberalisation, Privatisation, and Globalisation in 1991 more employment opportunities were created for women. Employment opportunities were created in many sectors like textile, healthcare, tourism, journalism, etc. Women were hired for work specific to them like embroidery, sewing, and block printing. Women started taking up roles in the IT sector that involved work related to software development, software testing, web design, and data analysis.
Indian Government privatized the banking sector and finance sector where employment opportunities were created for both males and females for insurance policy, accounts, and customer management. Women pursued higher education in the health sector to become doctors and professors. At the present date, women have proved themselves in the field of sports, literature, politics, or representing our country at the international level, for instance, Manu Bhasker bagged the first medal for India in the women's 10m air pistol event, or Draupadi Murmu being President of India or Gita Gopinath being the First Deputy Managing Director of International Monetary Fund and there are many notable examples. Still there is a strong belief in Indian Society that men have more prominent roles compared to women. There are about two-thirds of the current population in India that agrees with this notion.
According to data recorded during late 2019 and early 2020, about 34% of the people agreed that Child is a responsibility that must be primarily handled by women, about 43% of people still feel like women must stay at home and complete daily chores whereas men go earn money to feed his family.
3. SEXUAL HARASSMENT IN THE PRE—#METOO ERA
Sexual Harassment comes in a wide range like physical advances that are explicitly sexual and unwelcomed making any kind of sexually coloured remarks or demanding or requesting sexual favours. The practice has been common in the workplace. It can be seen in terms of demand for sexual favours on the pretext of providing preferential treatment and if they don't get their way they threaten to serve them with humiliation or detrimental treatment. In the year 1992, a social worker named, Bhanwari Devi, was gang-raped in front of her
husband by higher caste people as she stopped the child marriage that was happening in the region. The state authorities and her employer refused to take any responsibility for the incident claiming that the incident happened in her fields. But certain activists filed Public Interest Litigation in the Supreme Court to make the 'workplace safe for women and protect women in every step'. When the case of Vishakha & Ors. V. State of Rajasthan9 came into the limelight, while deciding the case Supreme Court pointed out the lack of legislation related to ‘Laws Against Sexual Harassment at Workplace’ despite India signing and ratifying the ‘Convention on Elimination of All Forms of Discrimination Against Women’ adopted by the General Assembly of the United Nations in 1979.
The Supreme Court during the hearing stated that the Indian Constitution provides Article 14 which ensures the ‘Right to Equality’ and ‘Equality before law’ and Article 21 ‘Right to Life and Personal Liberty’. Even though during the ‘Vishaka Case’ there was no law against Sexual Harassment in the Workplace the mention of these articles in the Indian constitution is enough to establish that everyone has a right of gender equality and to work in a safe and secure environment. As no law was in enforcement when the horrifying incident of ‘Vishakha’ took place the Supreme Court framed guidelines under Article 32 of the Indian Constitution. It was ordered that unless legislation came upon the subject the guidelines issued herein must be followed by Government as well as Private Organisations.
The Supreme Court issued ‘Vishakha Guidelines’ in the year 1997 that mandate the steps to be taken to protect women from Sexual harassment at the Workplace and provide provisions for settlement and resolution. Vishakha Guidelines are as follows:
1. Definition of Sexual Harassment
‘Sexual Harassment’ includes such unwelcome sexually determined behaviour whether directly or by implication as– Physical contact and advances.
9 Vishakha & Ors. V. State of Rajasthan AIR 1997 6 SC 241
Demand or request for sexual favours. Making sexually coloured remarks. Showing pornography. Any other unwelcome physical, verbal, and non-verbal conduct of a sexual nature. There was another act passed by the parliament, the Indecent Representation of Women’s Act, of 198610. The act was not exclusively for sexual harassment but it was for the indecent representation of women as the name suggests. If a person harasses another person by showing books, paintings, films, and having indecent representation of women. The punishment for such offenses is 2 years. Section 7 provides that if any company shows Pornography then the concerned director, manager, and other officer shall be punished.
2. Safer Working Environment
It shall be deemed to be the duty of the employer to provide a safe working environment to every employee working in the organization. It involves taking steps to create awareness among employees about ‘Rules and Regulations Against Sexual Harassment at Workplace’. The employees must be aware of the consequences of any kind of sexual advances towards another employee and appropriate action must be taken if any employee is found to be guilty of sexual harassment.
3. Duty of Employer to File Complaint
The guidelines provide an obligation on the employer to report any conduct of any employee towards another employee that amounts to a criminal offense under the Indian Penal Code11 and the employer must take action to ensure that the victim is not further victimized.
10 Indecent Representation of Women’s Act,1986 (Act 60 of 1986)
11 Indian Penal Code, 1860 (Act 45 of 1860)
4. Complaint Redressal Committee
The Supreme Court makes it mandatory for all organisations either private or government to set up a Complaint Redressal Mechanism and it must ensure that complaints are dealt with in a proper manner and suitable action is taken.
5. Employer must Assist
If an employee is sexually harassed the employer must provide adequate support to the victims and assist them with the preventive steps. The employer cannot back out of his responsibility as was what happened in the ‘Vishakha Case’.
6. Duty of the Government
These guidelines can be deemed as a foundation for the proper legislation. The Central or State Government must make legislation to protect women in the workplace to ensure the prosperity and growth of women of a nation as a whole. Even after the Supreme Court issued guidelines there have been many instances of sexual harassment wherein guidelines were not followed. In the case of Apparel Export Promotion Council v. A. K. Chopra12. The respondent was working in the Apparel Export Promotion Council as a Private Secretary to the Chairman. It was alleged that the respondent tried to molest a woman working as a clerk-cum-typist. She was not trained to take dictations but in place of explaining to her how to take dictations, he kept on touching her repeatedly despite her objections.
It was held by the court that the respondent was extending unwelcoming advances via physical conduct and had the effect of intimidating and hostile environment for her. Therefore, the order of the suspension of the respondent from the company was upheld. In another case, Medha Kotwal wrote a letter to the Supreme Court highlighting the cases of Sexual Harassment at the Workplace stating that Vishaka Guidelines were not being followed. The Supreme Court converted the letter to a writ petition13 and held that the states must ensure the effective implementation of these guidelines to provide working women with a safe and
12 Apparel Export Promotion Council v. A.K. Chopra AIR 1999 SC 625
13 Medha Kotwal Lele and Ors. v. Union of India AIR 2012 SC 632
secure environment in every aspect and allow women to live with respect, dignity, and decency.
ESTABLISHMENT
OF
THE
SEXUAL
HARASSMENT
OF
WOMEN AT
THE WORKPLACE (PREVENTION, PROHIBITION, AND REDRESSAL) ACT
Given the increasing number of cases of Sexual Harassment at the Workplace, the Indian Legislature enacted the Sexual Harassment of Women At Workplace (Prevention, Prohibition, and Redressal) Act14. The motive behind the introduction of this act was to provide a safe and secure working environment to employees working in formal and informal sectors. It is aimed at promoting a sense of respect and equality among employees working at an organization irrespective of their gender. It further provides an easily accessible mechanism to file a complaint to the victims of Sexual Harassment without the fear of retaliation. The Vishakha Guidelines given by the Supreme Court in the case of Vishakha & Ors. V state of Rajasthan15 is the foundation of the Act. The act was enacted on 23rd April 2013 and applies to the whole of India. This act is divided into 8 parts and 30 sections.
The general rule that has been stated in section 3 of the Act is that women should not be sexually harassed and sexual harassment includes implied or explicit promise/threat of preferential/detrimental treatment, threats about her present/future employment status, and interference with her work or creating an offensive or hostile environment and humiliating her and affecting the health and safety. Until this act, India did not have any codified law to address such to ensure women's safety in the workplace and combat issues of sexism and harassment at the workplace. With time this Act faced several challenges such as Lack of Gender Neutrality, Noncompliance of Companies and organizations, exclusion of certain categories of women, and Fear of Victimization of people.
These issues were addressed by the JS Verma committee which recommended several changes such as the Punishment of companies for noncompliance, the reaction of the Gender equity company index, and Replacing the Internal Complaints Committee (ICC) with a tribunal.
4. HISTORICAL BACKGROUND OF THE METOO MOVEMENT
The term 'MeToo' was coined by Tarana Burke, an advocate for women in New York in the 14 Sexual Harassment of Women At Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (Act 14 of 2013)
15 Vishakha & Ors. V. State of Rajasthan AIR 1997 6 SC 241
year 2006. The motive behind the usage of the term was to empower women who have been the victim of Sexual Harassment as there are many people out there who have suffered either the same or something similar to that. The movement in the offline sphere for 10 years after it managed to come into the mainstream in the year 2017. The MeToo Movement was one of the most prevalent social media movements of 2017. The movement globally dominated the online and offline space for a year before taking a backseat. The onset of the movement started when the New York Times published an article in the year
2017 where Ashley Judd and Rose McGowan, both actors, alleged that they were sexually
harassed by Harvey Weinstein, the American producer. But this was not the first instance when Weinstein was accused of Sexual Harassment. The New York Times recalls an incident where he was questioned by the New York Police Department (NYPD) in a case where a 22-year-old woman accused him of touching her inappropriately in the year 2015. It gained the attention of many people when Alyssa Milano, an actor wrote on her 'Social Media' that if anyone has ever been sexually harassed or assaulted write 'MeToo' as a reply to her tweet. The Hashtag MeToo was used Twelve Million Times in the first 24 hours of her tweet by both celebrities and the general public. She also shared her experience of getting sexually harassed at the age of 19 during a concert.
Many incidents of the 'MeToo' came to light when the long-standing Fixture of CBS and host of his namesake PBS show, Charlie Rose, lost his job in November 2017, when eight women alleged that he had sexually harassed them. Another incident reported was that Matt Laurer, a co-host of NBC Talk Show that took place in the morning, was fired when a colleague filed a complaint against him of having 'inappropriate sexual behaviour at the workplace. About 200 powerful men lost their jobs after public accusations of sexual misconduct were lodged against them in the initial year of the movement. Social media plays a multifaceted role in society. It fosters the formation of groups of people who share the same interests, ideas, and beliefs, and serves as a trend that makes people aware of recent trends across the globe.
The use of the phrase by Celebrities and on Social Media Platforms has managed to provide the 'MeToo Movement' a global stance against sexual harassment. Celebrities are used as 'Brands' to bring attention to Global issues such as Poverty, Social Inequality, Violence, and Human Rights as they can start an extensive debate within the public sphere and are capable of creating solidarity amongst fans within certain social
movements. The movement got the attention of the general public via Social Media Platforms despite being in existence long before that. But it can be rightly said that social media is not about the Hashtags but it's about the number of people who want to speak against sexual harassment and want justice to be served for others as well as themselves. Beyond Twitter, Celebrities supported the movement during the Red Carpet of the Golden Globe Awards in the year 2018 by wearing All-Black Dress Code, it symbolizes solidarity and support for the victims of Sexual Harassment or Sexual Assault that came to light through 'The MeToo Movement'. Sexual harassment has been a common practice across the globe and Bollywood is not new to it the 'MeToo Movement' turned out to be a stepping stone where it has brought light to the practice of Casting a Couch needed to be taken into consideration.
Most of the Celebrities have to face this when they are in the initial years of their careers. These issues don't come in a gender-specific manner; they happen with both males and females. Actors like Ayushman Khurrana and Ranveer Singh encountered it when Directors and Producers approached them with the demand of sexual favours in exchange for roles in the movies. Actresses like Prachi Desai and Swara Bhaskar were also pestered by their former Directors by being told that they needed to be 'hotter and sexier' to get into item songs whereas the latter called to the hotel room with the excuse of discussing the scenes.
5. EMERGENCE OF THE METOO MOVEMENT IN INDIA
The MeToo Movement saw a rise in India in the year 2018 when Popular faces such as Nana Patekar, Sajid Khan, Alok Nath, and Anu Malik were accused of Sexual Harassment by the victims via social media platforms. These allegations shocked the whole nation leading to public outrage. Gradually more people started coming forward to share their stories which led to the public shaming of their abusers highlighting the workplace harassment that the women have to suffer.
This Movement created a societal change that not only grabbed the attention of the public but also the government which led to the strengthening of existing laws such as the Sexual Harassment of Women At Workplace (Prevention, Prohibition, and Redressal) Act16, and the formation Of Committees to address sexual harassment in the workplace such as 16 Sexual Harassment of Women At Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (Act 14 of 2013)
the Hema Committee.17
HEMA COMMITTEE REPORT
The Malayalam industry has gained huge popularity over time and reached a wider audience. This industry is known for its talented actors and great films, which have greatly contributed to our Indian cinema. However, in 2017 attention was drawn towards the Malayalam industry due to a disturbing incident that brought light to the mistreatment of women within the industry. On 17th February 2017, a Malayalam actress Bhavana Menon was kidnapped and sexually assaulted by five men in a car. The actress filed a complaint to the police immediately, which led to an investigation in which it was found that a well-known Malayalam actor Dileep was involved in the assault. After this incident, actresses and other women in the industry, like Manju Warrier, Parvathy, Rima Kallingal, and Remya Nambeesan, came together and instituted the Women in Cinema Collective (WCC).
The idea behind the formation of WCC was to work towards creating an industry safe and nondiscriminatory for women. The organization filed a petition to the Chief Minister of Kerala Pinarayi Vijayan demanding a thorough inquiry into the Bhavana Menon Assault case and address the issue of gender inequality faced by women in the state’s film industry. In response to this petition, the Kerala government appointed a committee of three members to address the issues that are faced by women in the Malayalam Film Industry. The committee was headed by retired Kerala High Court judge Justice K Hema, joined by retired IAS officer K B Valsala Kumari and actor Sarada. Sensing the gravity of the issue, the committee asked women to step forward with their stories and assured them of anonymity, which led to an openness and trust factor.
In response to this, over 80 women bravely spoke out about their experience, describing the unsafe and unfair conditions they faced in the Malayalam film industry. Following a deep review over 2 years, the committee submitted a 235-page report to the Chief Minister of Kerala in December 2019. The report pointed out serious problems in the industry and made clear recommendations for change. The impact of this serious incident and the activism that followed is still very much alive today. Malayalam cinema, an industry plagued by sexism, and unfair treatment of women for ages, is 17 HEMA Committee, Report on Harassment of Employees in the Malayalam Film Industry, 2019 (Published in August 2024)
finally facing its consequences. Demand for change in the industry can be seen increasing with many raising their voices for an industry that is not just safe but provides a space where these women should be able to work without fear of harassment or discrimination. This incident has thrown light on some very important debates regarding respect, fair treatment, and protection of women within the scope of films. The HEMA Committee report18 was submitted to the state government nearly five years back. Now that the report has been made public, it throws light into the dark side of this glamorous industry of creating films in Malayalam.
As this report rightly states at the very beginning with the quote "Do not trust what you see, even salt looks like sugar," as it goes on to reveal a very bitter truth of the widespread abuse and injustice that women in this industry have faced for a long time, hidden behind the glamorous look of the industry. It is the first time in our country that the state government has taken the initiative to examine issues faced by women in the film industry. It can be seen that this committee is the result of growing awareness and courage shown by women in industries regarding the public discussion of the mistreatment they have to face. The MeToo movement has given a great deal of courage to many women in the film industry of India to speak about the harassment that they have faced in the industry.
Since it brought attention to these issues, making it an even more pressing issue, men now have to be careful as to how they treat women, which is a step in a positive direction. The change will have a good deal to do with this report which has made specific and data-based recommendations to the government to develop a safer and fairer work environment for women. The committee undertook an in-depth investigation, preparing a questionnaire and dividing the women into 30 groups, according to the type of job they were undertaking-directed, producers, or actresses. The committee wanted to understand the circumstances in depth and thought to consider the other side of the stories due to which they also interviewed the men. The report concluded that women and men both suffered harassment and discrimination at their workplace. Many were silenced because they feared it would ruin their career.
This was what the committee needed to identify problems in the industry so that they could suggest some corrective measures that would make it a safer and more equal space for everyone. 18 HEMA Committee, Report on Harassment of Employees in the Malayalam Film Industry, 2019 (Published in August 2024)
Following are the key issues that are highlighted in the Committee Report Submitted to the Kerala Government based on the Inquiry constituted by the committee:
1. Sexual Favours Demands:
The witnesses indicated that there is a very disturbing practice in the industry whereby females have been coerced into sexual favours to gain an opportunity in the industry. Such abuse of power was unhealthy due to which the women would have to decide between their careers and dignity. Most people felt that to get into the audition, roles, and other opportunities of the industry, they had to meet these sexual favours demands.
2. Pervasive Sexual Abuse, Assault, and Harassment:
Testimonies explain many agonizing experiences the women have to undergo which include sexual abuse, harassment, and assault within the industry. Fear and trauma accompanied them while trying to do their jobs. Many described how the industry suffers from serious issues, wherein refusal of sexual demands could culminate in severe repercussions, such as threats, isolation, or even physical harm. This kind of fearful atmosphere made reporting such incidents or seeking any help very hard since women feared their safety and how it might impact their workplace.
3. Culture of Exploitation:
The stories indicated that there existed a culture of exploiting women, using their bodies and consent to gain career success. Their entry into unwanted relationships was forced, and their value as workers was assessed by how much more they would accept sexual demands, thus damaging their mental health and job satisfaction.
4. Denial of Basic Rights:
Women pointed out serious denial of their basic rights in the industry, like the nonavailability of toilets and separate dressing rooms. Such basic facilities being denied not only made the workplace awkward and unprofessional but also unsafe for the women. Basic rights should be found in every workplace. However, women in the industry were made to give up on their comfort and even privacy.
5. Safety and Security in Industry:
Safety in the workplace is a matter of great concern for women. Many testimonies brought out before the Committee reflected their unsecured feeling about working in an unsafe environment. Women felt vulnerable and unsafe due to various forms of violence physical or sexual by the men. The fear of assault or retaliation created an atmosphere where their mind was not able to fully concentrate on their work, which impacted their work and mental health.
6. Illegal Bans/Prohibition:
The committee was told disturbing stories of illegal bans placed on women in the industry. These were used as punishments against women who refused sexual advances or raised concerns about harassment. This means that not only were victims silenced, but they were deprived of their right to work in an industry they wanted.
7. Male-Dominated Culture and Gender Prejudice:
Several women pointed out that there is a male-dominated culture in the entertainment industry that is lacking in gender parity. The women complained of discrimination against them when hiring, whereby technical appointments were case-specific and weighted towards men. Most of the women victims targeted were better qualified than some of their male counterparts; however, they did not stand a chance. The inequalities in the workplace towards them made the notion of their incompetence seem real.
8. Workplace Misbehaviour:
The culture of misbehaviour became worse with time because women were used to tolerating rude remarks and were disrespected. Such incidents made the workplace uncomfortable for women and hostile. Such treatment lowered their morale and created an alienation and helplessness among them.
9. Unfair Remuneration and Pay Gaps:
The witnesses were also very concerned about pay gaps between men and women performing the same kind of jobs. Many women were also paid much less than their
male peers who were doing related or similar duties despite equivalent or better qualifications and experience. Therefore, this placed their financial security at risk but it also reflected a wider systemic issue of gender inequality in the industry.
10. Online Harassment:
Another severe problem was that of harassment online at the hands of women professionals in this field. Women often reported receiving abusive messages, threats, and attempts to discredit them. Online abuse affects their professional lives, damaging reputations and impairing their ability to do their job.
11. Legal Unawareness and Women's Choices:
Their biggest grievance was legal ignorance and their right to question and seek redress in such circumstances. Many women said that they could not open their mouths regarding the torture imposed on them for there was no proper line or platform where they may file complaints.
6. CASE STUDIES RELATED TO THE METOO MOVEMENT
A. HARVEY WEINSTEIN CASE:
The Harvey Weinstein case is one of the most notable cases of the #MeToo movement. Harvey Weinstein is one of Hollywood's most-known producers. He was accused of serious sexual abuse by several women. Investigative reports published in The New York Times and The New Yorker in 2017 pointed out that women facing these experiences had been ongoing for decades. Women claimed that Weinstein committed serious crimes against them such as rape and sexual assault, including actresses Gwyneth Paltrow, Salma Hayek, Ashley Judd, Uma Thurman, and Mira Sorvino. They shared the incidents that had surfaced to show how he had exploited women when they were in their desperation to get into the film world. In 2020, Weinstein was also tried in New York where the jury verdict declared him guilty of rape and various sexual crimes and he was sentenced to punishment of 23 years in prison.
This incident brought out the story of harassment in the entertainment world. In 2022, Weinstein was indicted with more charges of rape and sexual harassment in Los
Angeles. He was once again convicted and faced a 16-year sentence to run following his sentence in New York. The case of Weinstein caught the notice of the public regarding sexual harassment and abuse issues and opened many conversations concerning such problems in all industries.
B. CHRISTINE BLASEY FORD CASE:
This was a case where a psychology professor named Christine Blasey Ford accused Supreme Court Judge Brett Kavanaugh of Sexual harassment. She claimed that he assaulted her during their high school time which was in the year 1982. He forced himself up on her during a party where she was in a drunk state. After Christine Blasey, two more women named Julie Swetnick and Deborah Ramirez accused Justice Brett of similar allegations. This allegation gained attention in 2018 when Christine Blasey emotionally spoke in the Senate Judiciary Committee about the details of the assault she went through as a teenager. Although he did not accept those claims due to public pressure the FBI started investigating these allegations by the three women on Justice Brett.
However, the investigation did not last for more than a month and was criticized by the public as they felt the FBI investigation was biased towards Justice Brett. After this, the Senate Committee conducted the voting for Justice Brett to be appointed as a supreme court judge in which he got 50 votes in his favour and 48 against him. Even though this case was not in favour of the women, this case still gave a huge exposure to the MeToo movement.
C. BILL COSBY CASE:
Bill Cosby was a comedian and an Emmy award-winning actor who was accused of sexual harassment by 60 women in 2018 who accused him of drugging them and assaulting them afterward. One of his victims was Andrea Constand who claimed he sexually assaulted her in 2004 in his house after drugging her. She immediately reported this incident but the court refused to prosecute the case. The case reopened in 2015 but no unanimous decision was reached by the jury of Pennsylvania therefore the matter was left with no conclusive verdict. In 2018, he was again tried and was found guilty of the allegations by Andrea Constand and other women. He was sentenced to 3 to 10
years in prison by the jury. After the appeal was made to the Pennsylvania Supreme Court it was stated that his prosecution was against the norms of fair trial as his testimony was used to claim criminal charges against him. After this, he was released in 2021 after serving 3 years in prison. Even though he has been released, his conviction was seen as a cultural change in the MeToo movement by the people. This was one of the most high-profile cases where justice was served to the Women who were subject to sexual abuse. This case was during the peak of the MeToo movement due to which many women believed in getting justice against their offenders who were powerful celebrities and influential people.
D. BHAVANA MENON ASSAULT CASE:
In February 2017, a famous actress named Bhavana Menon in the Malayalam industry was kidnapped and assaulted by a group of 5 men inside a car. The actress was subjected to the attack for about two hours in Kerala, as per the claims, before she was dropped off close to the home of one of the film’s directors. A Famous Malayalam actor Dileep was also involved in the incident. The police claimed that Dileep had a fallout with the actress, and due to this with the motive to take revenge, he conspired with this incident. After which Dileep was detained in July 2017, and for a few weeks, he was kept in custody before he was released on bail in October 2017. He denied the charges levelled at him insisting he is being set up. The trial broke numerous records for stalling, the last occurrence being in December 2017, when Dileep’s side kept on changing and prolonging witness examination.
The government accused Dileep of intentionally interfering with the proceedings of the case. After the accusations of the Kerala government against him of interfering with the trial, it was the Supreme Court that had to resolve the issue of Dileep’s release on bail and taking part in the trial. The state also submitted a declaration under oath stating that Dileep and his associates obstructed the proceedings of the trial by postponing the cross-examination of crucial witnesses for months. This case is still going on to date and the Kerala government has faced various interruptions due to the influential power of Dileep.
E. NANA PATEKAR ASSAULT CASE:
This case was the reason for the rise of the MeToo Movement in India. An actress Tanushree Dutta accused the actor Nana Patekar of sexual harassment on the sets of a film Horn ‘Ok’ Please they were a part of. She claimed that the senior actor demanded some intimate scene between them during the shooting of the song for the film which she rejected as she was uncomfortable in doing those scenes. She spoke about this issue at that time but was highlighted again in 2018. She was supported by many women of Bollywood who applauded her for being brave enough to publicly speak about the abuse. She claimed that in 2009 when she filed the FIR it was quickly dismissed. In
2018 she again filed the FIR under sections 354 and 509 of the Indian Penal Code19
against the Veteran Actor. After the investigation, it was held that there was no substantial evidence that prove the allegations of Tanushree Dutta. This case led to the widespread MeToo movement in Bollywood. Many actresses after Tanushree Dutta gained the courage to publicly speak about the sexual abuse faced by them in the industry. They were able to speak against the powerful male actors, directors, and producers without any fear of facing any repercussions.
7. IMPACT OF THE METOO MOVEMENT
Although the term “METOO” was already launched in 2006, it gained the attention of the public in the year 2017 when women came forward to speak about the traumatic experiences they have been facing in the Film industry for a while. The Harvey Weinstein case gave confidence among the women working in the industry after which various similar cases against men came into the picture through social media. The “METOO” movement was not only confined to Women from the film industry but to all women who faced or went through sexual abuse at their respective workplace and this perspective became evident after Justice Brett Kavanaugh's Case. The movement brought women belonging to different races, religions, ages, and backgrounds together and gave them the strength to call out their harassers publicly. With time, people's opinions regarding the movement have varied.
Some people believe this social movement is mainly focused on opposing elite men only and does not include men who
19 Indian Penal Code, 1860 (Act 45 of 1860)
belong to rural areas and the middle class. Many journalists and social activists saw this movement as a medium of storytelling for all the victims, which can ultimately constrain sexual harassment in the workplace. Many men opposed this movement because they feared being framed for the false allegations that could ruin their careers. Among all the debates and discussions two Extreme Outcomes of this movement were formed which can be classified as Positive and Negative of MeToo.
A. POSITIVE OUTCOMES OF THE MOVEMENT:
§ PUBLIC SUPPORT TO THE VICTIMS OF SEXUAL HARASSMENT
In 2017, MeToo became one of the most successful movements of the 21st Century. Many well-known stars like America Ferrera, Reese Witherspoon, Alyssa Milano, Jennifer Lawerence, and Lady Gaga came forward to show support for the movement and they also shared their stories that encouraged other young stars and newcomers to have zero tolerance towards sexual abuse and mistreatment at the workplace. The Movement gained public support as it was felt that it could bring social change for women by minimizing the sexual misconduct against them. On Social Media Platforms especially Twitter (currently known as X) the Hashtag MeToo was used by millions of people including the victims of sexism and sexual harassment as well as the supporters of the movement.
Many Women were able to empathize with the victims and believed that the movement could help in spreading awareness regarding the inequality and abuse faced by women. This created a sense of Solidarity among the supporters and the victims who could understand each other pain and agony. The Public Support created social pressure on the accused men. Earlier influential and powerful men were not held accountable for their actions and avoided the repercussions of their wrongdoings without legal outcomes. Several supporters of the movement also included journalists and activists like Rachel Vogelstein, Priya Ramani, and Ana Maria Archilla who helped to expose the offenders at high positions who were not earlier punished for their actions. The public support empowered and encouraged the victims of harassment to file a complaint and take legal action against their abusers.
This support resulted in women being able to file Sexual Harassment Cases against high-profile figures such as
the former president of the United States Donald Trump, Indian Politician M. J. Akbar, American celebrity Matt Lauer, etc.
§ INCREASE IN REPORTING OF SEXUAL HARASSMENT CASES
When the women came forward with their stories publicly many claimed that they reported the case immediately after the incident but were quickly dismissed and sometimes not even filed by the Authority. Some women did not file complaints as the abusers were influential and they feared that they would face problems in their careers. Some were concerned that others might not believe their stories due to the reputable image exhibited by their violator in public. All these doubts and concerns came to an end when they were supported and encouraged by the public to impose legal charges on their abusers. The MeToo Movement led to a change in the conditions of women and strengthened the Legal aspects in support of women against the Crime of sexual assault and harassment.
In the United States, the increase in the Survivors being a part of the MeToo Movement put pressure on the FBI who immediately investigated prominent figures and government officials who were accused. The Research paper by Ro’ee Levy and Martin Mattsson20 shows that the movement has resulted in a fourteen percent increase, in the United States, particularly a seven percent increase in reporting Sexual offenses around the world.
§ IMPROVEMENT IN THE LEGAL SYSTEM
It has been around seven years since the MeToo Movement became viral and was globally recognized by the people of 85 countries. The success of the MeToo Movement led to the implementation of the Major Legislative Act, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act21. This Act has provided the power to the survivors to sue their offenders even if they have entered into an employment contract which restrains them from suing the other party of the contract. Earlier many remained silent even after suffering sexual harassment at their workplace
20 Ro’ee Levy and Martin Mattsson, “The Effects of Social Movements: Evidence from #MeToo” 2018
21 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,2021 Public Law No: 117-90
(March 3, 2022)
due to the contracts which state parties to resolve the issue by arbitration. This Act has a retrospective effect which can help the sufferers of sexual abuse at the workplace to file the case against those who were earlier protected by the forced arbitration contracts. In France, the MeToo Movement effect was seen in 2019 when the law was passed where the offense of catcalling or Sexual offense on the street was fined €750. In India, the Formation of the HEMA Committee was due to the influence of the MeToo movement in 2018.
B. NEGATIVE OUTCOMES OF MOVEMENT
§ INCREASE IN FALSE ALLEGATIONS OF SEXUAL HARASSMENT
Although many people have praised the movement for creating awareness of sexism in the workplace it has also received a backlash from the people as they believed that the Influence of the MeToo movement has led to the occurrence of many false accusations against popular personalities. Many males felt the allegations of the movement as a misrepresentation of their identity. They thought that the movement had subjected them to severe skepticism over their actions. The MeToo movement gave a sense of power to women to publicly address their Offenders which brought public criticism towards the male irrespective of the truth. Many saw this as an opportunity to gain public attention which could provide them sympathy through the victim narrative that they portrayed.
In the sensitive issue such as Rape and sexual assault, the public generally sympathizes with the women, and men’s side of stories is usually left unheard. One such case is of renowned Lawyer Alan Dershowitz who represented his client Jeffrey Epstein in his case where he was accused of Rape of three women who later on also accused Dershowitz of similar allegations. After this, he received criticism when this information resurfaced during the Rise of MeToo Movement even though he was declared innocent earlier.
§ OVERLOOKING THE MALE AND LGBTQ+ VICTIMS
The MeToo movement has significantly transformed the discourse around sexual harassment and assault, primarily centering on the experiences of women. However, this focus has inadvertently marginalized men and LGBTQ+ individuals, whose voices
and experiences are often neglected. The movement’s initial aim was to highlight the systemic inequalities faced by women in various spheres, yet this focus on women has resulted in a narrative that frequently excludes male survivors and those from the LGBTQ+ community. Men, particularly those who experience sexual violence, often encounter societal stigma that discourages them from speaking out. The prevailing notion of masculinity, which is often seen as vulnerability with weakness, has led to feelings of shame and isolation among them. Consequently, many male survivors feel that their experiences do not fit within the established framework of the MeToo movement, rendering them invisible. Similarly, LGBTQ+ individuals face unique challenges related to sexual violence, including discrimination and heightened vulnerability to assault.
Their experiences are frequently neglected, as the movement largely emphasizes the struggles of cisgender women. The lack of representation has perpetuated harmful stereotypes and has hindered healing and support for LGBTQ+ survivors.
§ STRAINED
RELATIONSHIP
BETWEEN
MEN
AND
WOMEN
IN
THE WORKPLACE
The MeToo movement has strained relationships between men and women by creating an environment of increased awareness and fear over interactions. Most of the men feel very cautious since almost anything they do can be wrongly understood as harassment, leading them to avoid interactions with women, whether in work or personal life. Many people while communicating experience a fear of getting backlash or misinterpreted. The movement has created an environment of distrust and doubt that has prevented cooperation between the employees and made productive interaction impossible. Moreover, male colleagues may also be reluctant to encourage their female subordinates for the reasons mentioned above that limit opportunities for further development at work.
On examining the gender equations, it can be said that they become socially distant from one another, and there is social isolation among both genders which lacks a mutual understanding, making it impossible to continue the conversation to rebuild trust and ride through the complicated dynamics. The MeToo movement has become a reinforcement of changes in gender perception,
where both good and bad impressions come together. For example, it has awakened public consciousness regarding sexual harassment and violence and promotes a sense of more open discussions regarding consent and power. On the other side, some people might fear the cause of misunderstanding between women and men or mistrust because the intentions or actions might be misunderstood. This resulted in misconceptions where males were labeled as erroneous and women were too careful in their expressions.
8. CONCLUSION
In the end, it can be concluded that the MeToo movement has created a major impact on society regarding their approach to existing Sexual Harassment in the workplace. For decades women have suffered abuse and sexism from their colleagues, seniors, business partners, etc. They continued to work in a male-dominating and extremely toxic environment with fear and helplessness. However, this movement has brought a significant change where women were given a platform to speak about their experiences and expose the power dynamics of the workplace where they have to suffer because of powerful male personalities. Although women working in all sectors face sexual harassment MeToo specifically gave an insight into the dark side of the Entertainment Industry by exposing the culture of exploitation and inequality towards women by the Male Producers, directors, and actors.
Due to the immense empathy and support of the public, the victims were encouraged to share their experience which resulted in the public condemnation of their violators. This Movement created a sense of unity among the survivors and changed the way people used to address the issue of sexual harassment in the workplace. In India, the impact of the Movement can be seen in the number of women who publicly spoke about their experiences at the workplace including Bollywood actresses, wellknown journalists, and activists. This movement was widespread in almost 85 nations via social media platforms and brought a cultural shift on a global level. Some governments initiated new laws while others strengthened their existing laws concerning sexual harassment faced by women.
Although the Movement led to many positive changes in Society, it also faced criticism due to the increasing false accusations of men and increasing cautiousness in the interaction of women and men in the workplace.
SUGGESTIONS
This paper highlights the issues that the MeToo movement addressed such as mistreatment and
sexual abuse of women at the workplace. However, there were certain shortcomings and challenges that the movement faced. The effectiveness of Movement can be enhanced with the following Suggestions:
• ORGANISING PUBLIC AWARENESS EVENTS
The major reason why people do not discuss their experience of sexual abuse and harassment is because many of them are unaware of their legal rights and many are unable to express themselves in fear of being judged. Thus, organizing such events where they are given a platform to share their stories with others can be helpful.
• INCLUSION OF MALE AND LGBTQ+ VICTIMS
One of the major reasons the MeToo Movement faced criticism was because it was considered restricted towards Women Victims only. During various surveys and research, it was found that there are many males and members of the LGBTQ+ community who are also the victims of sexual harassment in the workplace. So, it is highly essential to recognize their experiences and also encourage them to come forward.
• PROPER IMPLEMENTATION OF ANTI-HARASSMENT LAWS AND POLICIES
It is really important to address the increasing number of Sexual harassment cases at the workplace. Government and Law policy Makers play a very essential role as implementing effective and stringent Laws can create a fear of facing serious repercussions among the people and create a safer environment for the women at their workplace.
BIBLIOGRAPHY
Sumayya Ebrahim and Lisa Liu, “Not Just Pretty Faces, They have Powerful Voices Too: Celebrity Discourse and the #MeToo Movement” https://www.europenowjournal.org/2020/03/09/not-just-pretty-faces-they-have-powerfulvoices-too-celebrity-discourse-and-the-metoo-movement/ Sherri Gordon,“The #MeToo Movement: History, Sexual Assault Statistics, Impact” https://www.verywellmind.com/what-is-the-metoo-movement-4774817 Abhery Roy, “The Year #MeToo Shook India”,
ET
Bureau,2018 https://economictimes.indiatimes.com/magazines/panache/2018-the-year-when-metoo-shookindia/2018-the-year-of-metoo-in-india/slideshow/66346583.cms?from=mdr Akshaya Rajaraman, “A Glimmer of Hope Amidst Darkness: The Revelations of HEMA Committee Report” https://www.kelphr.com/blogs/the-revelations-of-the-hema-committeereport/ Jayshree Bajoria, “No #MeToo for women like us’ – Poor Enforcement of Indian Sexual Harassment Law” https://www.hrw.org/report/2020/10/14/no-metoo-women-us/poorenforcement-indias-sexual-harassment-law