Putting an end to the 60-year-old practice of barring women from becoming make-up artists in the Mumbai film industry, the Supreme Court on Monday allowed qualified women to be appointed for this job.
A Bench of Justices Dipak Misra and Uday Lalit in its order on Monday directed deletion of the provisions in the Cine Costume Make-up Artists and Hair Dressers Association (CCMAA) preventing women from joining the association.
The bench rejected the association's stand that the discriminatory clause was intended to ensure that men were not deprived of their employment. The Bench also quashed the provision that only a person domiciled in Maharashtra for five years could take up the job of hair dressers or make up artiste.
The bench allowed a petition by Charu Khurana and other women make-up artists, who were denied membership by the CCMAA in 2009 on the ground that they were women. It said these two clauses were violative of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) as well as violative of the constitutional provisions.
It said “there is no rationality in such kind of discrimination” and directed the Association to delete the provisions within 10 days. The bench said if a qualified woman was barred from taking up the job of make up artist, it would create a dent in her capacity to seek livelihood which would be violative of Articles 14 (equality) and 21 (right to livelihood).
The bench said that it was inconceivable that such gender bias should exist in the 21st century. “We really see no rationality in such discrimination. It is really shocking that the Association could impose such a discriminatory clause to prevent women from becoming members.” The bench while ordering deletion of the objectionable provisions directed the Maharashtra Police to ensure that women make-up artists were issued membership cards by the Association and not harassed after becoming members.
The bench said though such discrimination existed in other cities like Kolkata, Bangalore, Chennai and Hyderabad, their cases would be taken up in January next.
