Protected privacy, report not withheld: Kerala CM on Hema committee report

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

CM Pinarayi Vijayan said the report contained testimonies of women and should remain confidential. The 235-page report was released with redactions to mask the identities of victims and witnesses on Monday, August 19. The report laid bare the power of male producers, directors and actors in the Malayalam film industry, revealing that the ‘casting couch’ was a reality, with illegal bans and discrimination used by powerful men to get their way with women seeking roles.

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

“Justice Hema had written a letter to the government on February 19, 2020, urging not to release the report due to the sensitive nature of the information,” the Chief Minister said.

“The committee received highly confidential information from several women. It also reminded us of the principles laid down by the Supreme Court to keep such cases extra confidential,” the CM said. Justice K Hema, who chaired the committee, has served as a judge in the Kerala High Court. She was assisted 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 that the privacy of the witnesses would not be violated.

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

‘Privacy concerns behind delay’

The Prime Minister stated that even the Chief Information Commissioner had earlier rejected requests for the report under the Right to Information (RTI) Act, citing concerns over invasion of individual privacy. On July 7, 2024, the State Information Commission (SIC) directed the government to release the report with necessary redactions to protect the identities of those who testified before the Hema Commission.

Legal challenges to the SIC order followed, with a producer and a key player filing petitions to block the report’s publication. The High Court initially granted a stay of proceedings order, which was later withdrawn, allowing the government to proceed with the report’s publication.

“The government had no intention of suppressing this report,” CM Vijayan claimed, “We made every effort to act upon the recommendations of the commission, respecting the confidentiality promised to the witnesses.”

‘State stands behind victims’

The prime minister also dismissed claims that the police did nothing, saying that the police had been diligent in investigating complaints of harassment by actresses.

“If a woman who testified before the Hema Committee comes forward with a formal complaint, the government will ensure that justice is done, regardless of the status of the accused,” the prime minister said. Fear of powerful forces in the industry prevents women from filing formal complaints – not only the women themselves, even their family members are threatened, as the Hema Committee noted in its report.

The committee had also set up a WhatsApp group with young artists and one with dancers. However, when these workers heard that the committee was preparing a report on the conditions of women in the industry, people started leaving the groups one by one, the report said.

Also read: Report of the Hema Justice Committee: ‘It is high time for self-reflection and ensuring safe workplaces for female actors’

Films: for creativity, not for exploitation

CM Pinarayi Vijayan said the state government was committed to tackling illegal and anti-women practices in the film industry and the delay in publishing this report was rooted in a genuine concern to protect the identity and privacy of the individuals involved. The CM noted that the film industry should be a space for creativity, not exploitation.

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

A court can be established and a film policy should be drawn up

“Unconditional solidarity with the victim and ruthless action against the predator is a hallmark of our government,” the Prime Minister said, adding that establishing a tribunal for this purpose, as recommended by the Hema Commission, poses a significant financial challenge. There would be large initial costs and significant annual recurring expenses; nevertheless, the proposal is being actively considered.

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

The committee is inclusive and consists of representatives from different sectors within the film industry, creating a broad spectrum of perspectives.

To facilitate the development of film policy, a conclave will be organised, allowing for extensive discussions between industry participants, from production staff to directors. The government emphasises the importance of creating a film policy that reflects the collective input of all stakeholders, 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 arrested for reckless driving

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

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