Woman sends legal notice to actor Balu Varghese over alleged sexual misbehaviour

A woman has sent a legal notice to actor Balu Varghese seeking a written undertaking and apology for alleged sexual misbehaviour at a private gathering. The notice, which details the incident, states that the alleged act constitutes a serious violation of bodily autonomy, dignity, privacy and personal security.

“Unwelcome physical contact of the nature complained of cannot be justified by familiarity, friendship, participation in a game, the location of the gathering or any purported misunderstanding,” the notice reads.

Balu Varghese began his career as a child actor in the 2005 Dileep-starrer Chanthupottu. He rose to popularity after his performance in the film Honey Bee (2015). Since then, he has appeared in over 40 films, including blockbusters like Jan.E.Man and Manjummel Boys.

TNM spoke to three other women who are from the same film circle, connected through mutual friends. These women alleged that Balu has misbehaved with them also.

The woman who sent the legal notice told TNM that the incident, which happened recently, left her deeply disturbed and enraged.

“It happened underwater, while playing a friendly game. The pool was well lit, and I could see clearly. I felt the force of his hands on my body; it could not have been unintentional. I am sure of that,” she told TNM.

The complainant further added that she confronted him immediately, but he said that it was an accident.

“When I questioned him firmly, he apologised. By then, I was too overwhelmed. So I left the spot and shared the whole thing with my husband. The next day, it was my husband who reached out to him,” she said.

TNM has seen the screenshots and voice notes in the chats between the complainant and Balu. In a voice note, he says that “his hands grabbed her body by accident”.

“He did admit that he grabbed my body, but kept insisting that it was accidental. My husband and I restricted contact with him after that. He grabbed me really forcefully; it could not have been accidental. As women, we put ourselves in friendly spaces with a certain amount of trust. When that safety is breached, it is extremely difficult to overlook,” the complainant added.

She added that since they confronted him, Balu’s family members tried to reach out and mediate, in an attempt to hush up the whole conversation.

Further, when she shared her experience with other women in the circle, who she is friends with, she realised that hers was not an isolated incident.

“I learnt that other women in our group had also experienced similar behaviour from him. It was very bizarre to me that he felt he could pull this off among us. The entitlement on his part to misbehave in such a friends group and then act as if nothing happened was quite shocking. That is why I decided to take this up legally,” the complainant told TNM.

Similar conduct alleged by other women

“This happened in March last year when I was at a friend’s birthday party. I am not close to either Balu or his wife, but I have met him through my friends, and we speak occasionally if we meet at common gatherings. On this particular day, I experienced inappropriate physical contact from him, and I immediately shoved his hand away from my body. Then I moved to another spot in the room. I waited to see if he would address it or apologise, but nothing happened,” said Sreedevi* to TNM.

She further said that it was difficult for her to comprehend how someone could do this in a gathering where friends and his own family were around.

“I did speak about this to friends in the same circle. Later, I decided against calling him out more publicly because we decided to consider his family. Now, I feel my silence would facilitate it further. That is why I shared this with the complainant when she narrated her experience to me,” Sreedevi added.

She also pointed out that the similarity in conduct was unsettling for her.

“I was quite disturbed when I found out that the setting in these instances has been so similar. They happened in spaces where we were surrounded by many people. It was not as if Balu misbehaved when he got a moment alone with the complainant or me,” Sreedevi explained.

TNM also spoke to a work friend of Sreedevi’s, who she confided in, outside of the said friends’ circle.

“She shared this with me during a period when we were working on a project. I was shocked, because when such misbehaviour happens within a trusted circle, we lose faith in people. She is a strong woman, and she knows how to respond, which she did. But she was also considering his family while pondering what to do next,” Sreedevi’s friend told TNM.

Another woman, whom we will refer to as Praveena*, narrated a similar experience with Balu, in a similar setting.

“I was at a gathering with several colleagues and friends. Balu was also present. He is not someone I am very close to or share a one-on-one friendship with, but we have worked on a project together. On this particular day, he misbehaved with me and kept making me uncomfortable despite my request to stop. He also kept asking me if I was scared of him, and why I was not reciprocating. It was very disturbing,” Praveena told TNM.

She recalled that Balu’s alleged behaviour was noticed by several others present there, and he was asked to behave.

“This was an out-of-work gathering, so to speak. What really shook me is that if he is capable of such behaviour in a space where he does not have much power over the women, what would happen if he goes on to become a bigger star? That kind of power may facilitate such behaviour, accelerating its impact on the women who work with him,” Praveena added.

Her testimony was corroborated by her friend, another woman, who told TNM that she was present at the same venue when Balu interacted with Praveena.

“He was making her very uncomfortable. I think more people may have noticed his behaviour, I am not sure. Anyway, after a while, he was not to be seen anywhere,” Praveena’s friend told TNM.

Another woman, Sindhu*, told TNM that at the same gathering where Praveena was present, she also experienced unwanted physical touch from Balu.

“He kept trying to touch me, as if in a friendly manner. Having met him a few times, I thought it was perhaps harmless. But later on it felt undeniably uncomfortable. I was shocked and very disgusted. I asked my other male friends to immediately remove him from the gathering,” Sindhu told TNM. She added that his behaviour was noticed by a few others, who were also quite shocked.

In her legal notice, the complainant has sought a cessation of his alleged misbehaviour and a written undertaking, along with an apology. She has also clarified that any attempt to threaten her or other affected women would open up the possibility of civil and criminal liability.

“It is reiterated that the Bharatiya Nyaya Sanhita, 2023 specifically recognises and penalises conduct involving assault or criminal force against a woman with the requisite intention and sexual harassment, including unwelcome physical contact and advances. The precise offences and provisions attracted by the facts will be determined by the competent investigating and judicial authorities upon consideration of the evidence,” her notice reads.

The complainant said that she has not received any response to the notice yet.

“I too want to move forward with my life and forget all this, but such an experience is hardly something a woman can simply move on from. I have not received any response to my legal notice so far. For me, this is also about finding my voice and standing up for myself,” the complainant told TNM.

TNM reached out to Balu Varghese for comment, but we have not received any response so far. 

* Name changed to protect privacy