The Supreme Court on Monday put an end to a six-decade-old unwritten rule in the Indian film industry that did not allow women to act as makeup artists.
Calling for equal opportunity for women in every profession, the Bench headed by Justice Dipak Misra found it “shocking” to note that the constitution drawn up by the Cine Costume Makeup Artists and Hairdressers’ Association, a registered trade union in Maharashtra, restricted women as makeup artists and men as hairdressers.
The Bench, also comprising Justice UU lalit, also scrapped another provision laid down in the Association’s body of rules, which permitted its members practice their profession only after spending 15 years in Maharashtra.
The Bench said: “We see no rationality in this kind of discrimination…We direct that Clause 4 of the Constitution (of the Association) and Clause 6 (imposing the domicile clause) be deleted.” The court fixed the matter for hearing in January 2015 and directed the Registrar of Trade Unions to produce the amended rules after dropping the contentious clauses within ten days.
The order came on a petition filed by a makeup artist Charu Khurana, who was victimized by the Association for being a woman. Khurana qualified from the Cinema makeup School, California, but her application for membership was rejected by the the Association in 2009 because she is a woman. Taking her fight against the Association to the SC, she challenged the bias as a violation of her fundamental rights under equality (Article 14), right to practice any profession (Article 19) and right to livelihood (Article 21).
This discrimination was not limited to the Hindi film industry alone but was rampant even in the Tamil Nadu, Andhra Pradesh, Karnataka and Kerala film fraternity. The court directed the police to ensure that the petitioner and other women like her were not harassed or physically assaulted by the Association or its members.
The Association feared that allowing women makeup artists would hit job opportunities for men. But the Bench rejected this argument saying: “Apart from the right to work being an inalienable right of a citizen, right to same employment opportunities is equally a right under the Constitution. To this end, all steps must be taken to eliminate discrimination in the field of employment to ensure social equality.”
The court found support from the Centre and National Commission of Women (NCW).
Additional Solicitor-General lN Rao who appeared for the Centre, termed the provisions in question as unconstitutional. NCW counsel Meenakshi Arora batted for women makeup artists claiming that this provision hindered women’s right to earn their livelihood. The Bench said: “Harassment of women in the 21st century is inconceivable and intolerable…By this kind of classification work is limited and professional growth is scuttled. When livelihood gets affected, it goes against the thrust of Article 21.”