Protected privacy, did not withhold report: Kerala CM on Hema Committee report

CM Pinarayi Vijayan said the state government is committed to addressing illegal and anti-women practices within the film industry.

Published Aug 21, 2024 | 8:00 AMUpdated Aug 21, 2024 | 8:00 AM

Justice Hema Commission's report on Malayalam film industry

A day after the Justice Hema Committee report on the condition of women in the Malayalam film industry was made public, Kerala Chief Minister Pinarayi Vijayan has refuted accusations that his government had deliberately withheld the report from the public and failed to act against sexual predators in the film industry. The report was submitted to the government in 2019, and was not released immediately because it contained “sensitive information”.

CM Pinarayi Vijayan said the report contained testimonies from women and needed to be kept confidential. The 235-page report was released with redactions to mask the identity of victims and witnesses on Monday, 19 August. The report recorded the power of male producers, directors and actors in the Malayalam film industry, showing that the ‘casting couch’ was a reality, with illegal bans, and discrimination used by powerful men who wish to have their way with women seeking roles.

The sexual abuse, the Hema Committee noted, often started even before the women began work in the industry, unlike in other fields. Video and audio clips and screenshots of WhatsApp messages were shared by witnesses as evidence of such coercion. CM Vijayan clarified that the decision to keep the report confidential was not an attempt to shield anyone but rather a necessary measure to protect the privacy of those who bravely came forward to testify.

“Justice Hema had written to the government on February 19, 2020, urging that the report not be released due to the sensitive nature of the information,” the Chief Minister stated.

“The committee received highly confidential information from several women. It also reminded us of the principles laid down by the Supreme Court about keeping such matters extra confidential,” the CM said. Justice K Hema, who chaired the committee, has served as a judge in the Kerala High Court. She was aided by veteran actor Sharada and retired IAS officer KB Valsala Kumari as members. The report was prepared without the help of a professional stenographer so the privacy of those testifying would not be breached.

Related: Interview: Kerala Women’s Commission chief on taking Hema Commission report forward

‘Privacy concern behind delay’

The chief minister stated that even the Chief Information Commissioner had earlier rejected requests for the report under the Right to Information (RTI) Act, citing concerns about violation of individual privacy. On 7 July 2024, the State Information Commission (SIC) ordered the government to release the report with the necessary redactions to protect the identity of those who deposed before the Hema Committee.

Legal challenges to the SIC order ensued, with a producer and a leading actor filing petitions to block the release of the report. The High Court initially issued a stay order, which was later vacated, allowing the government to proceed with releasing the report.

“The government had no intention of withholding this report,” CM Vijayan asserted, “We have done everything in our power to act on the recommendations of the committee while respecting the confidentiality promised to the witnesses.”

‘State stands with victims’

The Chief Minister also dismissed claims of police inaction, stating that law enforcement has been diligent in investigating harassment complaints from actresses.

“If any woman who testified before the Hema Committee comes forward with a formal complaint, the government will ensure that justice is served, regardless of the stature of the accused,” the chief minister said. Fear of powerful forces in the industry keeps women from making formal complaints – not only the women themselves, even members of their family are under threat, as the Hema Committee noted in the report.

The committee had also formed a WhatsApp group of junior artists and another of dancers, but when these workers realised that the committee was working on a report documenting the conditions of women in the industry, people began to leave the groups one after another, the report stated.

Also Read: Justice Hema Committee Report: ‘It’s high time to introspect and ensure safe workplaces for female actors’

Films: For creativity, not exploitation

CM Pinarayi Vijayan said the state government is committed to addressing illegal and anti-women practices within the film industry, and the delay in the release of this report was rooted in a genuine concern for protecting the identities and privacy of the individuals involved. The CM noted that the film industry ought to be a space for creativity, not exploitation.

“Villains can be part of movie scripts, but they should not exist in the real-life dynamics of the film industry. Talented actors should not be sidelined due to lobbying, and ideological differences should be seen as strength, rather than a tool for exclusion,” he said, observing that trends in society would seep into cinema, but the government stands firmly with victims.

Tribunal may be set up, cinema policy to be drafted

“Unconditional solidarity with the victim and relentless action against the predator is a hallmark of our administration,” the chief minister said, adding that the constitution of a tribunal for this purpose, as recommended by the Hema Committee, poses a substantial financial challenge. There would be large initial costs and significant annual recurring expenses; even so, the suggestion is being actively considered.

In addition to the tribunal, the committee has called for the creation of a comprehensive cinema policy to address various challenges and ensure the fair treatment of all stakeholders. A committee chaired by renowned director and cinematographer Shaji N Karun has been formed to draft this policy.

The committee is inclusive, with representation from various sectors within the film industry, ensuring a broad spectrum of perspectives.

To facilitate the development of the cinema policy, a conclave will be organised, allowing for extensive discussions among industry participants, from production workers to directors. The government stresses the importance of creating a film policy that reflects the collective input of all involved, with a particular emphasis on eliminating exploitative practices.

Also Read: Choreographer arrested for raping UG student in Bengaluru on pretext of giving her a lift, survivor booked for rash driving

(Edited by Rosamma Thomas with inputs from Dileep V Kumar)

(South First is now on WhatsApp and Telegram)

Follow us