New Delhi: Bringing cheer to female make-up artists, the Supreme Court on Monday put an end to a 59-year old practice in Bollywood that puts restrictions on them from pursuing the profession in the film industry, saying such “shocking” discrimination on the basis of gender is violation of constitutional values.
Holding that harassment of women in the 21st century is “inconceivable and impermissible”, the apex court struck down the provision putting restriction on women make-up artists and hair dressers in the film industry.
A bench of justices Dipak Misra and U Lalit also held as unconstitutional a provision that makes mandatory to have a five year domicile of Maharashtra for becoming a registered make-up artist and hair-dresser in Bollywood.
It said that there is no “rationality’ in such kind of discrimination and directed the Cine Costume and Make-up Artist Association (Mumbai) to delete the provisions within 10 days.
The court passed the order on a PIL filed by one Charu Khurana and other women make-up 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 by-laws of all these unions and federations, make-up artists, hair dressers, etc, are required to register themselves with their respective union like the Cine Costume and Make-up Artist and Hair Dresser Association (CCMAA).
“Only a member of these associations is allowed to work as a make-up artist in the production unit in the cine industry. These federations and affiliated unions ensure that no non-member works in the production unit,” she had contended.
She submitted that such provisions are wholly discriminatory practice depriving female make-up artists of their fundamental rights to work and earn their livelihood guaranteed by the Constitution.
Khurana qualified from the Cinema Make-up School, California, but her application for membership was rejected by the CCMAA in 2009 because she is a woman.