The Supreme Court judgment, giving equal rights to woman in the Cine Costume and Makeup Artistes and Hair Dressers Association vis-à-vis their male counterparts comes as a welcome change and an eye opener.
It is welcomed because it enforces the “Rule of Law”, the essential liberal spirit of our Constitution, and its sacrosanct fundamental rights. Far more, it is an eye-opener because we have been living in a liberal democracy for almost 70 years, yet we see a widespread existence of many regressive practices. Greater is the concern that there are still many vital segments of employment where such discriminatory practices still prevail and yet there is no substantive redress. For, we are yet to have many more brave ladies like Charu Khanna who endeavoured to present such prevalent injustices right up to the Supreme Court.
That such regressive practice of denying women the right to practice as make up artists has managed to find its way into the 21st century itself is appalling. While Justice Dipak Mishra’s strong verdict squashing the clause that allows such a practice is welcome, yet it is a harsh reminder that women in this country, in a city as urban as Mumbai, still have to fight a plethora of prejudiced systems to secure their fundamental rights under Article 14, 19(1)(g) and 21 of the Constitution. One could imagine then what would be the situation in small towns and rural areas, where the laws remain the same with a more conservative societal surroundings.
The contentious clause in the bye-laws of the Cine Costume Make-up Artists and Hair Dressers Association stated that membership of the Association would comprise make up men, costume men, and hair dressers who were admitted as members by the Association. Literally, this clause indicated that only men were eligible for the posts of costume and make up artists. But legally, such clauses have to be read in conjunction with the provisions of section 13(1) of the General Clauses Act, 1897, which states that “words importing the masculine gender shall be taken to include females”.
However, one thing which the Supreme Court ought to have addressed, but it did not, was the coercive actions of the Association in slapping fines on women who practised their lawful profession of make up artistes. Our country is governed by the principles of “Rule of Law”. Any such coercive action can take place only if the duly broadcasted law provides for so. Thus, the acts of imposing fines on hapless woman were nothing short of extortion, which is a cognisable offence. It was required that the relevant officials faced a police FIR and a criminal prosecution. In fact, in certain cases, related to junior artistes, association members have been prosecuted for collecting such illegal fines.
An analysis of the film industry leads us to the conclusion that it has preferred to stick to convention rather than questioning the malpractices that the Association has promoted.
Powerful men, who are a judge in their own cause, have dominated the Association. They have evidently perceived the talents and capabilities of women as a threat to their livelihood. Instead of fostering an environment for healthy competition, they have been resorting to unconstitutional and discriminatory methods to keep women out of reckoning.
With India having ratified the Covenant on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979, such abhorrent practices cannot find a place in our liberal democratic system. The Supreme Court’s verdict has only confirmed this and secured the rights of these women make up artists. In order to uphold equality of the sexes, it is crucial for women to break the glass ceiling in their respective professions since there is sparse representation of women in the higher posts of any organisation. Indeed, the fight put up by the women make up artists is commendable and an inspiring precedent. The fruits of their struggles are going to be reaped by generations of women after them. They redeem what the wise men have said; it is better late than never.
Image courtesy: BCCL
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