The commission was formed in 2017, following the assault of an actress, to investigate the challenges faced by women in film industry.
Published Aug 13, 2024 | 3:12 PM ⚊ Updated Aug 13, 2024 | 3:12 PM
Kerala High Court. (Creative Commons)
The Kerala High Court on Tuesday, 13 August, dismissed filmmaker Sajimon Parayil’s plea to delay the release of the Justice Hema Committee report, which addresses issues faced by women in the Malayalam film industry.
A bench of Justice VG Arun ruled against Parayil’s argument that the report infringes on privacy.
The Cultural Department and the Right to Information Commission argued that the report could be published with personal details redacted.
The commission was formed in 2017, in the aftermath of the shocking abduction and assault of a Malayalam actress and spurred by a petition from the Women in Cinema Collective (WCC), the Kerala government formed a committee — the Justice Hema Commission — to investigate the challenges faced by women in the film industry.
Both the WCC and Women’s Commission supported the court’s decision. The report is now expected to be made public within a week.
Malayalam film producer, Sajimon Parayil approached the court challenging the State Information Commission’s order to release the Justice Hema Commission Report.
It was on 5 July, that the Chief Information Commissioner of Kerala directed the state government to make the report public, after removing certain portions that could compromise individual privacy.
The petition, which was heard by Justice PM Manoj, argued that making the report public could have serious consequences.
Parayil contended that releasing the information could not only harm the Malayalam film industry as a whole but would also violate the privacy of individuals mentioned in the report.
He also cited that it would break the promise of confidentiality given to those who provided testimony and might damage the reputations and careers of people in the industry.
During the hearing, Standing Counsel for the State Information Commission advocate M Ajay the government pleader appearing for the State questioned Parayil’s locus standi to move this petition. They argued that Parayil merely had a private interest.
The court after hearing the arguments, issued a stay order for a week. It also sent notices to the state government, the State Information Commissioner, and others.
While the committee completed its work and submitted a report to the government in 2019, it has not yet been released despite repeated requests.
The state has refused to make the report public, claiming it contains sensitive information about the personal experiences of women in the industry.
Earlier, in 2022, Minister for Cultural Affairs Saji Cheriyan stated in the Assembly that the Hema Commission wanted its report to be kept confidential.
The minister also stated then that the commission has recommended the implementation of the Kerala Cine Exhibitors and Employees (Regulation) Act, 2020, and the formation of a tribunal to address the issues being faced by women professionals in the industry.
The government also constituted another committee to study the recommendations of the Hema Commission.
However, when it was challenged under the Right to Information Act, the State Information Commission countered this argument, instructing the government to redact any details that could potentially compromise individual privacy.
The commission’s recommendations reportedly include stricter enforcement of the Kerala Cine Exhibitors and Employees (Regulation) Act, 2020, and the establishment of a tribunal to address issues faced by women in the industry.
(With inputs from Sreelakshmi Soman)
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