The Kerala High Court on Tuesday criticised the state government for its failure to act on the “malady” of sexual misconduct and assault brought to light by the Justice K Hema committee report on the working conditions of women in Malayalam cinema, reported Bar and Bench.
“Why was the state government inactive till now even though it got the report in 2019?” the court asked.
The bench of Justices AK Jayasankaran Nambiar and CS Sudha directed the state government to “go through the entire report and take action if any offences are made out in the report”, reported The Indian Express.
Advocate General Gopalakrishna Kurup told the court that the state government’s delay in acting on the report stemmed from the committee’s recommendation against making it public. He also said that victims had narrated their stories “to the committee on the solemn assurance that no details will be revealed”.
The court, however, said: “When the report revealed such a malady in the system, what is the bare minimum that the state government should have done?”
“It is one thing to assure the confidentiality of the women who spoke to the committee and even those who have been accused may have the right to privacy,” the court added. “But dehors of this, when such issues are revealed in the report, shouldn’t there be some action from the government? It is obligatory for the state to act on this. Silence is not an option.”
The bench, which was hearing a public interest litigation seeking criminal action against those accused of sexual offences in the report, noted that the concerns highlighted in it extend beyond the film industry.
“The bias against women in society is historic, knowingly or unknowingly,” Nambiar remarked. “That is the mindset that has to change but that can only happen by citizens making the change internally.”
Sudha added: “You could take necessary action on the offences revealed in the report. And if the victim or survivor is not interested in prosecuting the case, you can drop it. But at least some action should be taken.”
The court had earlier ordered the state government to submit a single copy of the complete report, without any redactions, in a sealed cover.
The three-member committee, comprising Hema, veteran actor Sharada and former bureaucrat KB Valsalakumari, was formed in 2017, weeks after the Women In Cinema Collective met Chief Minister Pinarayi Vijayan.
The collective had demanded an investigation into the problems faced by women in the Malayalam film industry. This came in the aftermath of a sexual assault case involving actor Dileep.
The report was finalised in 2019 but the Kerala government declined to make it public at the time. On August 19, a redacted version of the report was released after the High Court rejected a plea by actor Ranjini seeking a stay on its publication.
The report said that the women are told to make “compromises and adjustments” for work, a euphemism for making themselves available for sex on demand.
It identified a list of 17 problems faced by women in the industry, including demands for sex, sexual harassment and abuse, and assault in their vehicles and at their places of accommodation.
Several prominent figures in the Malayalam film industry have since been accused of sexual crimes, including rape.
The Kerala High Court has established a special bench comprising Nambiar and Sudha to address issues stemming from the report, including petitions seeking investigations into the criminal allegations made in it.
On Tuesday, the government submitted the unredacted copy of the report to the court. It will also be provided to a Special Investigation Team that is looking into the allegations.
The court said that team should not be pressured to act in haste and that the details should not be revealed to the press.
“No press conferences from the SIT,” Sudha said. “No media trial in this case. We are not saying the investigating officers shouldn’t talk to the press but that they shouldn’t reveal any details.”
The court also hoped that the press would show restraint while covering the story.
Also read: What the Kerala film industry needs to do to fix its problems
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