New Delhi | The Supreme Court today rapped the Cine Costume and Makeup Artist Association (Mumbai) for misconstruing its judgement on female makeup artists that they will be registered only as female makeup artists but not as hair dressers. Needless to say, the judgment has been absolutely misconstrued by the Association. It is, accordingly, directed that all concerned shall see to it that any person, male or female, can be registered with an association, if otherwise eligible, to become either a Makeup Artist or a Hair Dresser or a Costume Stylist, or all together, it shall be subject to deposit of the prevalent fees.
Both, male and female artists shall enjoy the same benefit. To elaborate, a female artist can become a Makeup Artist and a Hair Dresser or a Costume Stylist. Similarly, a male artist can also work in all the categories. There cannot be any exclusivity or categorisation for any particular gender. This order shall be carried in letter and spirit, a bench headed by Justice Dipak Misra said. The bench, also comprising Justice P C Pant, in its interim order, said the association will provide membership to female make up artists on subscription of Rs 15,000 only instead of exorbitant amount of Rs one lakh and above.
During the hearing, female artists through their counsel Jyotica Kalra, said the association was demanding Rs one lakh and one for registration as members. It is directed that the petitioners and their likes, shall be registered as a Makeup Artist or Hair Dresser or Costume Stylist, pending upon their application and eligibility, subject to deposit of fees of Rs.15,000/ for each category. Needless to emphasize, this is an adinterim measure, subject to hearing of the registered Trade Union of Maharashtra and the Associations concerned, as far as the fees is concerned, the bench said. Earlier, the apex court, on November 10, 2014, had put an end to a 59year old practice in Bollywood that had restricted female makeup artist from pursuing the profession in the film industry.
The bench also issued notices to the Cine Costume MakeUp Artists and Hair Dressers Association and various authorities. Regarding other such trade unions like Film Employees Federation of South India, South India Cine Make Up Artist Union, Karnataka State Film Make Up and Hair Stylist Association, All Kerala Care Makeup Artist and Hair Stylist Union and Andhra Pradesh Care Make Up Artist and Hair Stylist Union, the bench said let a copy of the judgment be sent to the concerned Chief Secretaries of the States of Tamil Nadu, Karnataka, Kerala and Andhra Pradesh.
The Chief Secretaries of the said States shall depute the competent authority to see that the judgement is complied with. The requisite affidavit of compliance shall be filed within four weeks hence, it said adding that this order shall also be sent to the Chief Secretaries of States of Odisha and West Bengal for compliance and listed the next hearing on February 9. The apex court had struck down the provision putting restriction on women makeup artists and hair dressers in the film industry, saying such shocking discrimination on the basis of gender is violative of constitutional values and harassment of women in the 21st century is inconceivable and impermissible.
It had also held as unconstitutional the provision that makes mandatory to have a five year domicile of Maharashtra for becoming a registered makeup artist and hairdresser in Bollywood. It had said that there is no rationality’ in such kind of discrimination and directed the Cine Costume and Makeup Artist Association (Mumbai) to delete the provisions within 10 days.
The court had passed the order on a PIL filed by one Charu Khurana and other women makeup artists who alleged that female artists are not allowed to be a member of the association and one cannot work in the industry without being registered with the association. As per the bylaws of all these unions and federations, makeup artists, hair dressers, etc, are required to register themselves with their respective union like the Cine Costume and Makeup Artist and Hair Dresser Association (CCMAA). Only a member of these associations is allowed to work as a makeup artist in the production unit in the cine industry.
These federations and affiliated unions ensure that no nonmember works in the production unit, she had contended. She had submitted that such provisions are wholly discriminatory practice depriving female makeup artists of their fundamental rights to work and earn their livelihood guaranteed by the Constitution. Khurana qualified from the Cinema Makeup School, California, but her application for membership was rejected by the CCMAA in 2009 because she is a woman.
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