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Synopsis

The Kerala High Court on Thursday, December 19, 2024, has expanded the jurisdiction of the nodal officer appointed to handle complaints related to the Justice K. Hema Committee Report to address complaints of harassment or abuse by individuals in the Malayalam film industry, even if they did not participate in the Hema Committee’s study.

The order was issued by a division bench comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha, in response to a request by Senior Advocate Gopal Sankaranarayanan, representing the Women in Cinema Collective (WCC), the petitioners.

The court noted: “it would be desirable to extend the jurisdiction of the Nodal Officer so as to accommodate even those grievances that may be raised by such persons in the Film industry, who had not approached the Justice Hema Committee, so that they can submit individual grievances with regard to any exploitation/harassment/abuse faced by them. We see no reason as to why the said suggestion of the learned senior counsel should not be accepted.”

The court further directed that complaints received by the nodal officer should be promptly forwarded to the Special Investigation Team (SIT) for investigation. The bench underscored the importance of confidentiality, stating, “We accordingly direct that the Nodal Officer, … shall, on receipt of any such complaint from persons in the Film industry, promptly forward the same to the SIT for investigation by safeguarding the privacy of the complainant concerned.”

The observations by the High Court came during ongoing litigation over the 295 page Hema Committee Report, submitted to the government in 2019, which revealed systemic gender bias and sexual harassment in the Malayalam film industry. The court has been proactive in implementing safeguards, including workplace safety protocols, gender equality measures, and witness protection.

The court set a January 31 deadline for filing complaints under the extended jurisdiction, emphasising that the SIT's mandate is restricted to criminal investigations and cannot continue indefinitely. However, it clarified that complainants could still approach the police directly after the deadline.

In response to concerns raised by Advocate Sandhya Raju, who sought an extension of the timeline, Justice Nambiar acknowledged the possibility of extending the deadline if necessary. It was also highlighted that complaints filed within this window would benefit from enhanced confidentiality protections.

The bench also assured individuals facing retaliation from industry associations that they could approach the court directly for redress.

In an unexpected development, actress Ranjini, who initially opposed the release of the Hema Committee Report, sought to be impleaded in the ongoing matters. Her counsel informed the court that the SIT had not contacted her despite her being a witness. The bench allowed her impleadment and clarified that her identity had been protected by both the Hema Committee and the Court. Justice Sudha remarked: “Your identity was not known to the SIT because it was not only protected by the Hema Committee but also by the Court. Now that you want to cooperate with the investigation, you can directly go to the SIT.”

The SIT is required to submit regular updates to the court on the complaints and actions taken. The matter is scheduled for further hearing on January 16, 2025.

 

Cause Title: Women In Cinema Collective v. State of Kerala & Others [WPC 41327/2024 & Connected Matters]