Supreme Court: Showing anguish over the prevalence of gender inequality in the film industry, which did not allow the qualified make-up artists to become member of the respondent, Cine Costume Make-up Artists and Hair Dressers Association on grounds that they were women and had not remained in the State of Maharashtra for a span of more than 5 years, the Court held that the Rule being violative of the statutory provision and constitutional mandate, be quashed with immediate effect, thereby putting an obligation on the Registrar of the Trade Unions to see that the petitioners are registered as make-up artists.
The petitioner, represented by Jyotika Kalra, had contended that there is no justification for the classification as per which, the discriminatory clauses were framed and despite the direction of the Registrar of the Trade Unions, the said clauses were not deleted by the Association. K.H. Holambe Patil, the council for the Association put forth the defence that the petitioner was not rejected for being a woman but on the ground that domicile certificates were not presented showing that the petitioners have resided in the State of Maharashtra for more than 5 years.
Giving the aforementioned order, the bench of Dipak Misra and U.U. Lalit, JJ, further directed that if the Association would create any hurdle, it will be obligatory on the part of the police administration to see that the female make-up artists are not harassed in any manner whatsoever, for harassment of a woman is absolutely unconscionable, unacceptable and intolerable. Considering the fact that similar situation is prevalent in other States of the country as well, the Court listed the matter to be heard in the first week of January, 2015. Charu Khurana v. Union of India, 2014 SCC OnLine SC 900, decided on 10.11.2014