The Hema Commission report, released on Monday after a five-year wait, highlights the stark gender pay gap and lack of contracts in the Malayalam film industry. While recognising the need for more equitable pay, the committee also notes that producers may not be able to offer equal pay to male and female leads, as the demands and market value for their roles vary. However, the report states that when a female actor plays an equally important or more significant role than her male counterpart, she is entitled to equal or higher pay.
The report quotes the movie 'Take Off' as an example. “In the movie 'Take Off,' for instance, the heroine was paid significantly less than the two heroes, even though the latter spent far less time on set. This gender discrimination is rampant in cinema, a consequence of male domination and power dynamics,” the report said without quoting names. The film directed by Mahesh Narayan had Parvathy Thiruvothu, Kunchacko Boban, Fahadh Faasil and Divya Prabha in major roles. Parvathy won her first Special Jury Mention at the 65th National Film Awards, her second Kerala State Film Award for Best Actress for her performance in the movie.
The Hema Commission observed that several cases have been brought to the attention of industry committees where disputes arose over unpaid remuneration. "No producer should refuse to pay any individual in the film industry the remuneration due as per the terms of their contract. However, the threat of an unofficial ban still exists in the industry. If an actress demands higher pay, she may be avoided by producers who cannot afford her remuneration, which may also result in her being blacklisted due to her outspokenness," the report said.
Lack of fully drawn contracts
The report also observes that lack of written contracts poses to be a major problem in the film industry. According to the committee, there were no written contracts in the film industry until the year 2000. This led to numerous disputes regarding remuneration, the nature of work, the script, terms with the director, the work schedule, and more.
Besides remuneration, contracts could be used to define the extent of nudity required by an actor in a film and avoid future disputes. For example, one actress pointed out that she was not informed of the extent of nudity required for a scene before filming commenced. She had only been told that a portion of her back would be exposed. When shooting began, she was asked to perform acts that were contrary to her understanding, including a lip-lock scene and further exposure. The actress refused to continue as it was not in line with what she had agreed to during pre-production.
Contracts in cinema often omit key details, leading to further complications. Remuneration, for instance, is sometimes left blank or manipulated after signing. Additionally, the work schedule is often not clearly outlined, which can create difficulties for both parties. A poorly drafted or incomplete contract fails to protect the interests of either party. It is essential that all terms and conditions be clearly decided and incorporated into the contract in advance. The practice of signing an incomplete or blank contract will ultimately harm the rights and liabilities of the parties involved.
Many women in the industry do not receive fair remuneration, but with a proper contract, producers would be legally bound to pay the agreed-upon amount. It is crucial to establish working hours and remuneration for artists and technicians through a clear contract.
In one instance, an actress was housed in poor accommodation and paid only Rs 8,000 for a 32-day shoot. In another, an actress was promised Rs 50,000 for 20 days of work but was paid just Rs 4,000. Without a contract, she had no legal recourse to claim the promised amount. However, in a big-budget film, she successfully negotiated Rs 10,000 for seven days of work. Meanwhile, another artist on the same project was not paid at all.
After three months of preparation and shooting, one director suddenly informed an actress that she would need to perform nude scenes and a lip-lock. She was forced to expose her body, despite her objections. The next day, she was told her nudity would be further exposed in a bathtub scene. Rather than continue, she quit the film without even claiming her three months of unpaid remuneration.
Had there been a written contract, these crises could have been avoided, the commission said. Performance in a movie should not be valued based on gender. Instead, higher remuneration should be awarded based on performance, not gender, it added.
When the hero and heroine expend equal time, effort, and creative energy and have the same level of experience, they should be paid equally. While parity may be difficult to implement immediately, the first step should be to narrow the pay gap for women performing the same job as men.
The key link in the relationship between the producer and every member of the production crew is the contract executed between them. An employment contract, executed between the employer and the employee, establishes the rights and responsibilities of both parties. The employment contract must include terms related to 1) remuneration and wages, 2) work schedule, 3) duration, 4) general responsibilities, and 5) confidentiality and other relevant terms. Depending on the nature of the work, the parties will decide which terms and conditions need to be incorporated into the contract. It is a personal agreement between the parties involved. The employment is governed by the terms and conditions specified in the contract.