The Kerala High Court, on Wednesday, November 27, directed the Special Investigation Team (SIT) probing the allegations into sexual harassment in the Malayalam film industry to appoint a nodal officer. This officer will serve as a point of contact for witnesses who feel intimidated or threatened. A special HC bench comprising Justices AK Jayasankaran Nambiar and CS Sudha, formed on September 5 to exclusively hear cases related to the Hema Committee, passed the order. The Women in Cinema Collective (WCC) had sought the appointment of a nodal officer, arguing that there were instances in which the accused or other persons were reaching out to the survivors and witnesses.
“We deem it appropriate to direct the SIT to forthwith nominate a nodal officer and give adequate publicity of the name and details of the nodal officer so that witnesses who feel intimidated, threatened can inform the nodal officer,” the court ordered and directed the SIT to submit the information of the officer before the court.
Earlier, on September 10, the first day of the hearing, the bench had come down heavily on the state government for its inaction on the depositions in the report: “We are surprised by this inaction. When it received the report or when DGP was given a copy in Feb 2021, some action must have been taken. Assuring confidentiality of women, we understand that. But the state govt is confronted with practices derogatory to women, what has it done? What is it that you are doing to address problems facing women, not just in cinema?” the court asked.
On October 14, the court ordered that legal action must be initiated into the instances of harassment in the Hema Committee report, considering the witness statements deposed before the Hema Committee as “information”. The SIT was also tasked to investigate allegations of substance and alcohol abuse in the industry. The court also said that during the investigation, survivors must not be forced to give statements and their names should not be made public. First Information Reports (FIRs) registered in this regard are not to be uploaded anywhere or issued to anyone other than the survivors.
On November 21, the court admitted a petition moved by WCC seeking a 'Cinema Code of Conduct' to regulate the Malayalam film industry.
The special bench was formed on September 5 by the HC, while the court was hearing an appeal filed by producer Sajimon Parayil challenging a single-judge order that allowed the release of the Hema Committee Report.
On July 6, the State Information Commission (SIC) passed an order directing the Kerala government to issue the Hema Committee report to RTI applicants before July 25, after redacting the names and identities of witnesses. While the report was scheduled to be released by 4 pm on July 24, Sajimon went to court and got a stay, claiming that the report would affect his privacy. However, the HC directed the release of the report, and it was made public on August 13.