The Association of Malayalam Movie Artistes (AMMA), which has been jolted by a barrage of scandalous allegations of sexual misconduct against women actors, has a strange way of defining 'misconduct' in its bylaw.

Misconduct means any acts of discredit to the association on the part of a member by speech or action, general behaviour, unethical activities and such other matters as the executive committee (EC) may consider and decide in respect of a member suo moto or on complaint from any of the members of the association.

Even the EC of AMMA has been disbanded in the wake of allegations of sexual misconduct. However, the bylaw governing AMMA is vague in its definition of misconduct, especially in matters related to sexual harassment of its members.

The existing provisions are so weak that even the executive committee can’t expel any of its members alleged of sexual misconduct. For that to happen, allegation won't suffice, no matter how grave it is. The executive committee shall decide and expel any member only if he/she is found guilty of misconduct or acting against the interest of the association, according to the bylaw.

It was amended following the infamous actress assault case in which popular Malayalam actor Dileep is one among the accused. It called for the inclusion of more women and the formation of a disciplinary committee. It says that when a complaint of misconduct is received, the executive committee shall refer the allegations to the disciplinary committee. This committee may obtain an explanation from the member accused of misconduct and provide opportunities to explain his/her case. It is then up to the executive committee to consider whether to expel or suspend the member. The executive committee can also provide the opportunity for another personal hearing before taking a final decision.

Past instances show that the executive committee had the final call, even pooh-poohed recommendations of other committees. An internal complaints committee (ICC) was formed by AMMA in 2022. However, when a male actor-cum-producer was alleged of sexual abuse of a woman actor, the ICC recommended suspension and action against him because the actor had publicly named the victim. The executive committee not only ignored the recommendation but announced that the actor was resigning of his own volition. There was no point continuing and the members of ICC quit. They did not even include the ICC recommendation in the minutes. “I repeatedly sent mails to the executive committee asking for an opportunity for me to speak during the general body. Again it was ignored,” said Maala Parvathy, who was one of the members of ICC.

Another member of the ICC had quit much earlier. The committee was never reconstituted again. After many women actors came out with allegations of abuse, the general body members had received mails from a woman actor recounting her personal experience and asking everyone to step out of ‘Make believe world they have created'.

Following the allegations, director Ranjith resigned as chairman of Chalachithra Academy, and actor Siddique stepped down from his position as general secretary of AMMA. However, despite these resignations, Siddique and the other actors who are facing allegations of serious nature continue to remain members of AMMA because this doesn't come under misconduct as defined by the bylaw.

It does not clearly define what constitutes 'misconduct', nor does it specify provisions for expelling members accused of harassment.

When asked about the vague nature of the bylaw, former vice-president of AMMA and actor Jagadish admitted the urgent need for an amendment. "We didn't foresee these kinds of issues arising, but we will seriously consider amending the bylaw. If similar situations occur in the future, we will need to address them." He also emphasised the importance of correcting any anomalies when they are pointed out, particularly in cases involving serious allegations.

In 2018 when actor Dileep resigned from AMMA following the actress assault case, he claimed that his resignation followed a discussion with then AMMA president Mohanlal. He noted that, according to the bylaws, he could only be expelled by a majority vote from the general body of the organisation. The lack of clear bylaws at the time meant there was no proper mechanism to ensure his expulsion despite the serious allegations against him. The situation remains more or less the same even now.

J Devika, an activist and professor at the Centre for Development Studies, criticized AMMA's bylaws, pointing out that they lack specificity. "The bylaws were created merely to fulfil the requirements for registering an organization; they provide no clear definitions. It only shows the feudal nature of organizations like AMMA," she said.