Justice Hema Committee report revealed instances of sexual harassment and exploitation of women in the Malayalam film industry. Representational image.
Credit: PTI File Photo
New Delhi: The Supreme Court on Tuesday commended the courage by the women, who remained unfazed of personal and professional implications, and came forward to lodge complaints of sexual abuse in the Kerala film industry.
The court also emphasised that the investigating agencies must also respect the women who wanted to stay quiet. A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta, observed that these women came forward facing all odds.
A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta, observed that these women came forward facing all odds.
The bench praised the women victims and the witnesses, who brought out the matter before Justice Hema Committee, and later recorded statements before a state-appointed special investigation team (SIT), which led to the lodging of over 25 FIRs.
The court was hearing a plea filed by a film producer, Sajimon Parayil, claiming that the Kerala High Court had in October 2024 directed the SIT to register FIRs on each and every statement made by victims/witnesses to the Justice Hema Committee.
The Malayalam film industry, Mollywood, has been rocked with cases of sexual harassment having been registered following complaints lodged by victims in the wake of the release of the Justice Hema Committee report.
The petitioner led by senior advocate R Basant questioned the HC's actions on the registration of the FIRs despite the “disinclination” expressed by the witnesses/victims themselves. The petitioner's plea contended that the witnesses and victims were against the SIT taking any action on the basis of their statements to the Justice Hema Committee.
The bench, however, questioned petitioner’s locus standi, even as the counsel contended that the High Court order should not be used to harass people because that “would be a travesty of justice”.
Senior advocate Gopal Sankaranarayanan, representing the Women in Cinema Collective (WCC) and victims of sexual abuse, contended before the bench the committee was a relief to many women. He said that victims choose to stay quiet for two reasons, loss of profession and the fact that the minute they would describe the film set, they will be identified.
The Kerala State Women’s Commission, represented by advocate Parvathi Menon, claimed that the petitioner was indirectly trying to stall the investigation.
The court made it clear that the SIT could not unilaterally register FIRs in the cases of women who, after making statements before the committee, chose not to pursue the matter or initiate criminal proceedings against their alleged perpetrators.
“How can you register a crime without evidence, without witnesses coming forward? We are just saying there is no requirement for registering a crime once the SIT finds there is no witness coming forward with her statement," the bench asked the Kerala government’s counsel.
The bench, at the same time, emphasised that wherever witnesses come forward, the crime must be registered and proceeded according to the law.
The court reserved the order in the matter, indicating it would pronounce the order on January 27, 2025.