By Aradhana Parmeshwar
Introduction
In January 2021, Kathak Kendra, one of India’s foremost dance institutes and a constituent unit of the Sangeet Natak Akademi, instituted an internal complaints committee (hereinafter ‘ICC’) for the first time, after an FIR alleging sexual harassment was lodged against Pt. Ravi Shankar Upadhyay, a renowned pakhawaj player, and a guru at the Kendra.[1] The allegation is the latest among a string of others against notable gurus in the Indian classical dance and music industries which have surfaced during recent years.[2] The delayed establishment of the ICC in light of increasing complaints of this nature calls for two unsettling observations. First, the complete lack of grievance redressal mechanisms in even the most prominent of arts institutions, despite the notoriety of classical arts institutions as a breeding ground for sexual harassment being highlighted since the ‘Me Too’ movement.[3] The first observation naturally leads to the second; the systemic abuse of the guru-shishya structure in the Indian classical arts remaining an unquestioned open secret, resisting much-needed scrutiny under the garb of tradition and misguided veneration. These twin characteristics warrant reformation of institutions, through the imposition of stricter regulations and effective redressal mechanisms.
This article seeks to examine the power dynamics existing in the arts and creative industries, subsequently analysing how the problems prevalent therein are exacerbated in the Indian classical arts environment, allowing for a culture of silence and abuse. In this context, there are preliminary recommendations made for legal and organisational reform, in light of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and relevant case-law.
Sexual Harassment in an Arts Environment
The threat of sexual harassment looms large in a majority of, if not all workplaces and institutions, but its effective redressal requires scrutiny into the particular organisational climate that gives rise to and allows for unscrupulous behaviour. Creative industries comprise those that provide goods and services associated with cultural, artistic or entertainment value.[4] For the purpose of this article, the term ‘creative industries’ is discussed in context of performing arts institutions and the factors prevalent therein. Arts institutions and industries function in a manner divergent from formal office environments, due to factors such as higher risk and competition, primacy of informal correspondence, and an increased element of aesthetic labour.[5] These factors give rise to an industry culture that perpetuates certain presumptions and perceptions which engender sexual harassment and impede its curtailment.[6] It thus becomes important to formulate targeted suggestions in context of such an environment so as to address the elements condoning sexual harassment in these organisations.
A primary characteristic of performing arts industries is its nature as a high-risk industry, where the process of obtaining jobs and renown is largely contingent on networking and the recommendation of teachers. This places the latter in a position to make or break a student and thereby allows them to influence student behavior with the prospect of reward.[7] In this regard, power in creative industries has been found to be skewed in the hands of few, mainly male, authority figures.[8] Secondly, the manner of acquiring work operates in an informal setting, wherein networking and socialisation replaces the formal office environment, blurring the line between personal and professional.[9] Further, employment in these industries is unstable and uncertain,[10] there is a lack of autonomy in job selection, and navigation of the industry is done at an individual level. Due to these factors, artists lack official support systems and the confidence or ability to report sexual harassment.[11] Moreover, creative industries project an image which dismisses formal structures (such as official policies and codes of conduct) as being detrimental to the creative process.[12] I argue that the image of creative industries in the West as cool or hip[13] is akin to the portrayal of classical arts institutions and industries in India being viewed as traditional and time-honoured. Both perceptions, repudiate formal change and regulation, citing them as threats to the organic processes so as to maintain established power structures and resist scrutiny.[14]
These factors in consonance give rise to an industry culture of silence and tolerance, wherein people avoid raising issues of sexual harassment, particularly against those in positions of power, for fear of jeopardizing their career and a lack of recourse.[15] This mentality is reinforced when newcomers to the industry respond to situations on the basis of existing industry culture and their observations.[16] It has been seen that due to the established industry norms, people view sexual harassment in creative industries as a commonplace or inevitable occurrence,[17] which in turn adversely affects their understanding and response to it.[18]
The Perversion of the Guru-Shishya Teaching System
The features discussed in the preceding section largely apply to creative industries across the board, Indian performing arts institutions and industries being no exception.[19] However, the unique modalities involved in the field of Indian classical arts are such that aggravate the aforementioned impediments in combating sexual harassment.
A large number of allegations that have come to light are those between student-teacher, making it pertinent to understand the nature of this relationship and why it differs from those prevalent in other educational institutions. The process of imparting training in classical arts derives from the gurukul system of teaching, whereby the student and teacher interact on a personal level, in close quarters and with a large degree of informality.[20] It is common practice for students to train at the homes of their teachers, with several classical arts institutions housing both students and teachers, allowing for immersive learning.[21] This provides greater avenues for inappropriate behaviour and creates ambiguity in establishing boundaries. Further, the agency of students is curtailed due to young age and limited awareness of rights, existing power dynamics and a lack of authority within such frameworks.
Moreover, the guru is not simply viewed as a teacher, but as a guide or mentor, who is put on a pedestal and holds a position of god-like veneration.[22] The guru assumes an almost divine authority, granting them unchallenged access to their disciple’s bodies and dismissing questions of consent.[23] This status, coupled with the respect and fame that prominent artists enjoy in the industry, stifles any accusations that may be levied against him/her, despite predatory behaviour being common knowledge.[24] The likelihood that the victim rather than the perpetrator will face the consequences of speaking out effectively silences any conversation on this front. In 2018, these incidents were brought to light during the ‘Me Too’ movement, with over 200 Carnatic musicians acknowledging that sexual harassment was rampant in the industry, and popular artists calling for reform and responsibility.[25] Among others, famed Carnatic musician, TM Krishna, spoke of enabling and normalising inappropriate advances in the industry by keeping silent and victim-blaming at the cost of discrediting powerful perpetrators.[26] The widespread acknowledgment by the classical arts fraternity evidenced the true extent to which these toxic structures pervade its institutions, warranting the need for a pluralistic redressal mechanism within the traditional framework.
Strengthening Legal Reform and Policy within Classical Arts
The surfacing of incidents of abuse in the arts industry during ‘Me Too’ generated talks of awareness, accountability, and reform. However, the concrete change achieved since has been little, with a lack of legal compliance by institutions. This may be due to the robustness of the existing power dynamics and industry culture as well as bureaucratic inertia in overhauling the same. The Sexual Harassment of Women at Workplace Act, 2013 (hereinafter ‘the POSH Act’) mandates the establishment of an ICC under §4 of the POSH Act[27] at workplaces having more than ten employees,[28] nominated by the employer. Despite this, an ICC was established by Kathak Kendra subsequent to an FIR being registered against the accused.[29] Similarly, in September 2020, when the founders of the prestigious Dhrupad Sansthan academy were accused of sexual harassment, an ICC was formed only after formal complaints were made, only to be declared inept and prejudiced.[30] Most classical arts institutions also lack standing internal policies regulating sexual harassment or programs for sensitisation and awareness, as prescribed under Rule 13 of the Sexual Harassment of Women at Workplace Rules, 2013 (hereinafter ‘the Rules’).[31] However, the limited scope of the POSH Act and the Rules is not sufficient to address the modalities of classical arts institutions. For instance, neither the POSH Act nor the Rules explicitly provide for impartiality of the ICC, with the process of constitution and inquiry entirely at the election of the employer.[32] In the case occurring at Dhrupadh Sansthan, the employer in question was brother to those accused, creating a clear conflict of interest, as was evidenced by the resulting ICC, which was accused of prejudice and rejected by the students and survivors. The judiciary has emphasised upon the risk of bias in ICCs and has often ordered for their disbanding, in favour of constituting independent ICCs.[33] In this regard, the composition of the ICC under §4, which mandates at least three out of a minimum of four members of an ICC must be employees of the organisation[34] is unsustainable in an arts environment given the industry culture and tendency to protect those in power.
The POSH Act and the Rules were formulated for the purpose of regulating largely formal workspaces, while classical arts institutions such as Dhrupadh Sansthan operate as family-owned enterprises,[35] necessitating independent external oversight. The prescribed alternative to an ICC is a Local Committee constituted at a district level,[36] however, this only further reduces accessibility to recourse and have often proven to be inefficient, as observed in K. Hema Latha v. State of Tamil Nadu. Further, §9 of the POSH Act allows for making a complaint within three months from the date of the incident, with a maximum extension of three months at the satisfaction of the ICC.[37] It is argued that this limitation period is unreasonably short, considering the various factors (power structures, tender age of parties, industry culture) at play and given that the limitation period for sexual harassment under the Indian Penal Code is three years.[38]
Due to these infirmities, it is crucial not only to revisit the POSH Act but also to formulate an overarching policy exclusively for creative industries and classical arts institutions. The first step towards this was undertaken by the Federation of City Sabhas, which provides for addressing sexual harassment complaints in the arts fraternity, with respect to allegations against a person affiliated with the Sabha in any capacity.[39] The policy addresses concerns such as student-teacher relationships and prescribes a limitation period of three years.[40] This policy, in consonance with the POSH Act and the Indian Penal Code may be referred to by other classical arts institutions to implement internal sexual harassment policies. The primary issue faced currently is the lack of implementation of the POSH Act,[41] warranting stricter penalties for non-compliance with procedural provisions. Implementation may also be imposed through the threat negative reinforcements, such as providing for vicarious liability of the institute, in the course of whose employment, artists abuse their position. Further, during the course of investigating a complaint, the accused should be restricted from representing the institute or performing at its events, also incentivising speedy investigation of the case. Such a policy should also prescribe a detailed code of conduct, in addition to the general guidelines provided in the POSH Act. This would account for the differentiated boundaries, for instance, in commenting and referring to a dancer’s posture or physical demeanour in the course of teaching. In terms of preventive measures, regular counselling sessions and awareness workshops are essential, particularly since several students begin training at a young age.[42] It is crucial that the prevention of untoward behaviour is reflected as a priority of the greatest importance in the formulation of policies and legislation by taking stringent measures.
Conclusion
At this stage, it is essential that the fight against sexual harassment progress beyond conversation to concrete and farsighted legislation. In order to give weight to both, tradition as well as reform, persons from the relevant disciplines should be consulted while ensuring that safety is not compromised in the interest of tradition. Organisations and influential artists must take proactive albeit strict steps to alter the prevalent industry culture and safeguard the rights of its entrants.
The author, Aradhana Parmeshwar, is currently a law student at the National University of Juridical Sciences (NUJS), Kolkata.
[1] The Indian Express, Kathak Kendra constitutes sexual harassment panel, January 9, 2021, https://indianexpress.com/article/cities/delhi/kathak-kendra-constitutes-sexual-harassment-panel-7138986/ (Last visited on January 20, 2021).
[2] The Wire, Two Gurus of Bhopal’s Famed Dhrupad Sansathan Accused of Sexual Harassment, September 5, 2020, https://thewire.in/the-arts/ramakant-akhilesh-gundecha-brothers-bhopal-dhrupad-sansthan-accused-sexual-harassment (Last visited on January 20, 2021); The Hindu, Music Academy debars seven musicians this season, post #MeToo, October 25, 2018, https://www.thehindu.com/entertainment/music/music-academy-debars-seven-musicians-this-season-post-metoo/article25323377.ece (Last visited on January 20, 2021).
[3] The Hindu, #MeToo in classical arts: Can arts dream of a fearless future?, November 2, 2018, https://www.thehindu.com/entertainment/art/metoo-in-classical-arts-can-arts-dream-of-a-fearless-future/article25400171.ece (Last visited on January 20, 2021).
[4] Richard E. Caves, Creative Industries: Contracts between Arts and Commerce 1 (2000).
[5] Sophie Hennekam and Dawn Bennett, Sexual Harassment in the Creative Industries: Tolerance, Culture and the Need for Change, Gender and Work Organization, at 1, 4 (March 2017).
[6] Id, at 1, 2.
[7] Bertram H. Raven, The Bases of Power and the Power/Interaction Model of Interpersonal Influence, Analyses of Social Issues and Public Policy (2008), 8(1), at 4.
[8] David Hesmondhalgh and Sarah Baker, Creative Work and Emotional Labour in the Television Industry, Theory, Culture & Society (2008), at 7, 8.
[9] Supra note 3, at 4, 5.
[10] Dawn Bennett and Ruth Bridgstock, The Urgent Need for Career Preview: Student Expectations and Graduate Realities in Music and Dance, International Journal of Music Education, at 3 (2015).
[11] Paula McDonald, Workplace Sexual Harassment 30 years on: A Review of the Literature, International Journal of Management Reviews, at 14, 1 (2012).
[12] Mark Banks and Katie Milestone, Individualization, Gender and Cultural Work, Gender, Work and Organization, at 18 (2011).
[13] Supra note 3, at 9.
[14] Id; Firstpost, Thoughts on a conversation on sexual harassment in the arts, and making sense of traumas buried in the past, November 9, 2020, https://www.firstpost.com/living/thoughts-on-a-conversation-on-sexual-harassment-in-the-arts-and-making-sense-of-traumas-buried-in-the-past-8916661.html (Last visited on 21 January, 2021).
[15] Supra note 3, at 11.
[16] Julie Olson-Buchanan and Wendy Boswell, An Integrative Model of Experiencing and Responding to Mistreatment at Work, Academy of Management Review, at 33, 1 (2008).
[17] Supra note 3, at 10.
[18] Barbara A. Gutek, Aaron Groff Cohen, Alison M. Konrad, Predicting Social-Sexual Behaviour at Work: A Contact Hypothesis, Academy of Management Journal, 33, 3 (1990).
[19] Webinar, Arts & The Law – What they don’t teach in art class, 14 October, 2020, https://www.youtube.com/watch?v=1H-5uNqGi_g (Last visited on January 21, 2021).
[20] The Guardian, India’s classical music and dance ‘guru’ system hit by abuse allegations, October 1, 2020, https://www.theguardian.com/global-development/2020/oct/01/indias-classical-music-and-dance-guru-system-hit-by-abuse-allegations (Last visited on January 21, 2021).
[21] Id.
[22] Firstpost, Thoughts on a conversation on sexual harassment in the arts, and making sense of traumas buried in the past, November 9, 2020, https://www.firstpost.com/living/thoughts-on-a-conversation-on-sexual-harassment-in-the-arts-and-making-sense-of-traumas-buried-in-the-past-8916661.html (Last visited on 21 January, 2021).
[23] Id; The Guardian, India’s classical music and dance ‘guru’ system hit by abuse allegations, October 1, 2020, https://www.theguardian.com/global-development/2020/oct/01/indias-classical-music-and-dance-guru-system-hit-by-abuse-allegations (Last visited on January 21, 2021).
[24] Scroll, #MeToo: In world of Carnatic music and Bharatanatyam, women say harassment is an open secret, October 15, 2018, https://scroll.in/article/897917/metoo-in-world-of-carnatic-music-and-bharatanatyam-women-say-harassment-is-an-open-secret#:~:text=Since%20Saturday%2C%20more%20than%20200,women%20to%20tell%20their%20stories.&text=On%20Saturday%2C%20more%20than%20200,come%20forward%20with%20their%20stories. (Last visited on January 21, 2021).
[25] Id.
[26] Supra note 22.
[27] §4, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Act, 2013.
[28] §6, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Act, 2013.
[29] Supra note 1.
[30] Firstpost, #MeToo case at Gundecha Dhrupad Sansthan deepens as students allege mishandling of sexual harassment plaints, September 11, 2020, https://www.firstpost.com/india/metoo-row-at-gundecha-brothers-dhrupad-sansthan-deepens-as-students-allege-mishandling-of-sexual-harassment-plaints-8805441.html (Last visited on January 21, 2021).
[31] Rule 13, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Rules, 2013.
[32] §4, 10, 12, 13, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Act, 2013.
[33] K. Hema Latha v. State of Tamil Nadu & Ors., 2016 LLR 447; M. Rajendran v. Daisyrani & Ors. (2018) 3 MLJ 84.
[34] §4, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Act, 2013.
[35] Supra note 28.
[36] §6, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Act, 2013.
[37] §9, The Sexual Harassment of Women at Workplace Act (Prevention, Prohibition and Redressal) Act, 2013.
[38] Schedule, Part X, Clause 113, Limitation Act, 1963.
[39] Policy on Prevention of Sexual Harassment, Internal Complaints Committee, Federation of City Sabhas, https://citysabhas.org/ICC/ (Last visited on January 21, 2021).
[40] Id.
[41] Firstpost, Sexual harassment in the Indian classical arts: Recent cases re-indict complicity of enablers and those staying silent, January 4, 2021, https://www.firstpost.com/art-and-culture/sexual-harassment-in-the-indian-classical-arts-recent-cases-re-indict-complicity-of-enablers-and-those-staying-silent-9168411.html (Last visited on January 21, 2021).
[42] The Hindu, #MeToo: Now for the long-term measures, November 8, 2018, https://www.thehindu.com/society/metoo-now-for-the-long-term-measures/article25444499.ece (Last visited on January 21, 2021).
The Journal of Indian Law and Society 