The formation of a special bench by the Kerala High Court to address the issues arising from the Hema Committee report marks a significant development in the ongoing efforts to address sexual harassment and exploitation within the Malayalam cinema industry. This special bench, which includes a woman judge, has been constituted to hear various petitions related to the report, underscoring the seriousness of the allegations and the judicial response. The Hema Committee was established in 2017 by the Kerala government in response to the high-profile case of a Malayalam actress who was assaulted in a moving car. The committee, led by retired Justice Hema, was tasked with investigating the prevalence of sexual harassment and exploitation in the Malayalam film industry. After several years of investigations and numerous interviews with industry professionals, the committee’s report was submitted to the government in 2019, but its findings were not made public for a long time. The delay in releasing the report created considerable controversy, with demands from various stakeholders, including women’s rights groups and actors, for transparency and accountability. The Hema Committee report revealed alarming instances of sexual exploitation and harassment faced by women in the film industry, ranging from aspiring actresses to established professionals. The report highlighted a deeply entrenched culture of exploitation, lack of support systems, and the failure of industry bodies to safeguard the rights and dignity of women. The findings called for immediate reforms, stricter enforcement of laws, and the establishment of a safer working environment for women in the industry. In light of the report’s revelations, the Kerala High Court has formed a special division bench to address the public interest litigation (PIL) concerning the Hema Committee report and related matters. The bench, comprising Justices A.K. Jayasankaran Nambiar and C.S. Sudha, was constituted by Acting Chief Justice A. Muhamed Mustaque. This move reflects the court’s recognition of the need for a dedicated judicial approach to handle the complex issues raised by the report, including allegations of harassment, pending cases, and the implementation of reforms within the industry(Devdiscourse). The special bench will also hear anticipatory bail applications filed by several accused individuals, including well-known industry figures like actor Siddique and director V.K. Prakash. These cases are crucial as they involve allegations of rape and sexual harassment linked to the broader issues identified in the Hema Committee report. The Malayalam film industry has been rocked by multiple FIRs against prominent personalities following the release of the Hema Committee report. The Kerala Police have registered cases against 11 people, including actors, directors, and production executives, based on complaints filed by women who have endured exploitation and harassment. Notable figures in the dock include actor-turned-politician Mukesh Madhavan, Siddique, Jayasurya, Edavela Babu, Maniyanpilla Raju, and directors Ranjith and V.K. Prakash.
Hema Committee report: Kerala High Court forms Special Bench with woman judge to hear petitions
The decision to form a special bench is seen as a critical step in addressing the legal challenges posed by the report. The High Court’s involvement aims to ensure that the accused receive a fair trial while also providing a platform for the victims to seek justice. The special bench is expected to address issues like bail applications, the appointment of investigation teams, and other procedural matters that require judicial oversight. The Kerala government has faced criticism for its delayed and opaque handling of the Hema Committee report. The reluctance to make the report public fueled allegations of a cover-up, especially as it involved high-profile figures. In response to the growing pressure, the state formed a seven-member special investigation team on August 25, 2024, to look into the allegations raised in the report. The team’s mandate includes probing complaints of sexual harassment, examining the role of industry bodies, and recommending measures to prevent future incidents(Devdiscourse).Various stakeholders have reacted differently to the developments. Women’s rights activists and some sections of the film industry have welcomed the High Court’s proactive steps, viewing it as a necessary intervention to address systemic issues. However, there are also concerns that the judicial process may face significant challenges, given the influential positions held by some of the accused. The revelations from the Hema Committee report and the subsequent legal proceedings have sparked a wider debate about the treatment of women in the Indian film industry. The Malayalam cinema, which has often been celebrated for its artistic achievements, now finds itself under scrutiny for its failure to protect women from exploitation. The special bench’s hearings are expected to set a precedent for how similar issues might be handled in other regional film industries across India. The formation of this special bench also highlights the importance of having gender-sensitive judicial processes, particularly when dealing with cases of sexual harassment. Including a woman judge on the bench is a significant step, as it reflects the need for empathy and a deeper understanding of the victims’ experiences in the courtroom. As the special bench begins its hearings, the focus will be on ensuring a fair and transparent judicial process that upholds the rights of the victims while adhering to the principles of justice. The outcome of these cases could lead to substantial changes in the Malayalam film industry, including stricter guidelines for workplace conduct, better support systems for victims, and more robust enforcement of existing laws against sexual harassment. The Hema Committee report and the subsequent legal actions serve as a reminder of the urgent need to address systemic issues of exploitation and harassment in industries that have long been shielded by power dynamics and cultural norms. The Kerala High Court’s special bench represents a critical step towards accountability and justice, setting the stage for broader reforms that could protect future generations of women in the film industry.
