Kerala HC Warns Media Against Misreporting on Justice Hema Committee Report; Calls for New Law to Protect Women in Entertainment Industry

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Synopsis

The court heard various pleas pertaining to the Justice Hema Committee report, including the plea wherein the Kerala Women's Commission has filed a counter affidavit urging the enactment of a law aimed at addressing the challenges women face in the entertainment industry, including harassment, wage disparities, and inadequate workplace facilities

The Kerala High Court has issued a stern warning to media outlets, cautioning them against misrepresenting information related to the Justice Hema Committee Report in a way that may mislead the public. The Special Bench, comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha, cautioned that any reporting implying that statements aired were made by victims before the Committee or the Special Investigation Team (SIT) would be deemed a serious interference with the administration of justice.

The court's warning followed allegations that a program aired on Reporter TV on September 16, 2024, disclosed statements made by a female actor before the Justice Hema Committee, accusing a film director and a prominent male actor. The court highlighted ongoing media attempts to solicit information from SIT members regarding the progress of the investigation, which was prohibited in a previous directive dated September 10, 2024.

The court further emphasised the need for the media to adhere to an appropriate code of conduct, respecting the privacy of both alleged victims and accused individuals. It ordered the SIT to issue a general warning to media personnel to refrain from seeking information about ongoing investigations, instructing that any further attempts should be reported to the court. “We issue a caveat to media personnel that reporting any information in relation to the Justice Hema Committee report, that might lead viewers to believe that a statement aired in the program was the statement actually given by the victim before the SIT or the Justice Hema Committee, will be viewed very seriously by this Court by deeming the same to be an unnecessary interference with the administration of justice,” the court noted.

In a related development, in response to the issues raised by the Justice Hema Committee Report, the Kerala Women's Commission has filed a counter affidavit advocating for the enactment of a new law titled the 'Kerala Entertainment Industry Equality and Empowerment Act.' The petition highlights the need for comprehensive protections for women across various fields within the entertainment sector. A committee led by filmmaker Shaji N. Karun will draft the policy, with stakeholder consultations to follow. This legislation would extend protections to women across various sectors of the entertainment industry, including:

  • Minimum Wages and Work Contracts: Ensuring fair compensation and secure working conditions.
  • Proper Working Conditions: Providing a safe and healthy work environment.
  • Measures to Address Sexual Harassment: Implementing effective mechanisms to prevent and address harassment.
  • Basic Amenities: Mandating toilets, changing rooms, and transportation for women on film sets.

A separate petition has also been filed by Advocate T.B. Mini seeks immediate implementation of the Justice Hema Committee Report's recommendations. The plea argues that the government has taken no meaningful steps to address serious issues, particularly regarding sexual harassment and unsafe working conditions.

The petition calls for the government to enact special laws protecting women's dignity and rights in the entertainment industry and ensure compliance with the PoSH Act and labor regulations on film sets. The matter has been scheduled for further hearing on October 14, 2024.

 

Cause Titles: Jannath v State of Kerala (WPC No. 31205/2024) and, T.B. Mini v State of Kerala (WPC No. 34778/2024)