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 endeavored 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 cognizable 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.
http://idiva.com/opinion-work-life/equality-for-women-in-the-make-up-association-is-a-good-change/35784
