The Hema Commission report, released on Monday after a five-year wait, highlights the glaring gender pay gap and lack of contracts in the Malayalam film industry. While acknowledging the need for fairer pay, the Commission also points out that producers may not be able to offer equal pay to male and female lead actors as the requirements and market value of their roles are different. However, the report says that if an actress plays an equally important or more significant role than her male counterpart, she is entitled to equal or higher pay.

The report cites the film ‘Take Off’ as an example. “In the film ‘Take Off’, for example, the heroine was paid significantly less than the two heroes, even though the latter spent much less time on the set. This gender discrimination is widespread in cinema, a result of male dominance and power dynamics,” the report says, without naming names. The film, directed by Mahesh Narayan, starred Parvathy Thiruvothu, Kunchacko Boban, Fahadh Faasil and Divya Prabha. Parvathy won her first Special Jury Mention at the 65th National Film Awards and her second Kerala State Film Award for Best Actress for her performance in the film.

The Hema Commission noted that several cases of disputes over unpaid remuneration have been brought to the attention of industry committees. “No producer should refuse to pay any person in the film industry the remuneration due as per the terms of their contract. However, the threat of unofficial banning remains in the industry. If an actress demands higher pay, she may be shunned by producers who cannot afford her remuneration, which may also lead to her being blacklisted for her outspokenness,” the report said.

Lack of fully developed contracts
The report also notes that the lack of written contracts is a major problem in the film industry. According to the committee, there were no written contracts in the film industry until 2000. This led to numerous disputes over remuneration, type of work, script, terms with the director, work schedule and more.

In addition to compensation, contracts can be used to determine the amount of nudity an actor must perform in a film, thus preventing future disputes. For example, one actress pointed out that she was not informed before filming began how much nudity was required in a scene; she was only told that part of her back would be exposed. When filming began, she was asked to perform actions that contradicted her understanding, including a scene involving lip movements and further nudity. The actress refused to continue because it was not consistent with what she had agreed to during pre-production.

Film contracts often lack important details, which leads to further complications. Compensation, for example, is sometimes left blank or manipulated after signing. In addition, the work schedule is often not clearly outlined, which can cause difficulties for both parties. A poorly drafted or incomplete contract does not protect the interests of either party. It is important that all terms are clearly specified in advance and included in the contract. The practice of signing an incomplete or blank contract ultimately harms the rights and obligations of the parties involved.

Many women in the industry do not receive fair pay, but with a proper contract, producers would be legally obliged to pay the agreed amount. It is crucial to set out the working hours and remuneration of artists and technicians in a clear contract.

In one case, an actress was housed in squalid accommodation and was paid only Rs 8,000 for 32 days of shooting. In another case, an actress was promised Rs 50,000 for 20 days of work but was paid only Rs 4,000. Without a contract, she had no legal recourse to claim the promised amount. However, in a big-budget film, she was able to negotiate Rs 10,000 for seven days of work. Another artist working on the same project, however, was paid nothing at all.

After three months of preparation and filming, a director suddenly told an actress that she had to do nude scenes and a kiss. Despite her objections, she was forced to bare her body. The next day, she was told that her nudity would be further exposed in a bathtub scene. Instead of continuing, she left the film without even claiming her three months’ unpaid salary.

Had there been a written contract, these crises could have been avoided, the commission said. Performance in a film should not be judged on gender. Instead, higher remuneration should be awarded based on performance, not gender, it added.

If the hero and heroine put in the same amount of time, effort, and creative energy, and have the same level of experience, they should be paid the same. Although it may be difficult to achieve equality immediately, the first step should be to reduce the pay gap between women and men doing the same work.

The most important link in the relationship between the producer and each member of the production team is the contract signed between them. An employment contract signed between an employer and an employee sets out the rights and obligations of both parties. The employment contract must contain provisions on 1) remuneration and wages, 2) working hours, 3) duration, 4) general duties and 5) confidentiality, as well as other relevant provisions. Depending on the type of work, the parties decide which terms and conditions must be included in the contract. It is a personal agreement between the parties involved. Employment is subject to the terms and conditions set out in the contract.