The Kerala High Court has stayed the release of the Justice Hema Commission report on the issues faced by women in the film industry on the petition of a producer with the Malayalam film industry who cited privacy issues. The court also sought the response of the state government and the Right to Information Commissioner in the matter. The petition will be considered on August 1.
Producer Sajimon Parayil, in his plea, argued that the privacy of the individuals in the film industry would be violated with the report's release.
He added the "impugned order egregiously infringes upon the fundamental right to privacy".
"The widespread disclosure of the Justice Hema Committee Report, even with purported redactions, poses significant risks of identifying individuals who provided testimonies under assurances of confidentiality. Given the interconnected nature of the film industry, seemingly innocuous details could lead to the identification of witnesses or complainants, potentially exposing them to retaliation or further harassment," says the petition.
The stay comes as the state government was preparing to release a redacted version of the Hema Committee Report, which has been kept in the dark for more than five years.
The Hema Committee was appointed by the Pinarayi Vijayan government to study the issues faced by women actors and technicians in the film industry in the aftermath of the infamous abduction case in February 2017, in which a popular Malayalam actor was abducted and sexually assaulted by a group of men in a moving car in Kochi.
The committee led by Justice K. Hema, was officially appointed on July 1, 2017. Actor Sharada and former IAS officer K.B. Valsalakumari were the other members. They submitted the final report after two years on December 31, 2019. The state government spent Rs 1.06 crore for this committee.
It is believed that the 300-page report contained sensitive information on exploitation and harassment within the film industry, including the existence of a casting couch. It is also believed that many individuals provided evidence, including audio clips and messages, supporting their claims.
After the Hema Committee Report was submitted, the government announced plans to create a comprehensive law to solve the issues faced by women in cinema. However, the government did not make any quick moves in this direction. In 2021, the term of Pinarayi Vijayan's first government ended, and the LDF made a thrilling comeback to power. In Pinarayi 2.0, Saji Cherian became the Minister of Culture. Cherian formed a new committee to examine the recommendations of the Justice K. Hema Commission in detail.
In February 2020, the state information commission had rejected the demand to release the report, citing concerns over privacy, job loss, and safety of those mentioned in it. The successive Vijayan governments also took the decision that the report cannot be released. In March 2022, in response to K.K. Rama's submission, Minister Saji Cherian stated in the Legislative Assembly that the report of the Justice Hema Committee cannot be released as it contains the personal information of many people. However, this stance had attracted criticism.
On March 26, 2022, famous writer T. Padmanabhan strongly criticised the state government during the closing session of the International Film Festival for the delay in government action on the report. “The Hema Committee report has not seen the light of day. That is not right,” he said. Prominent figures like actress Parvathy Thiruvoth criticised the government's position and raised the suspicion that powerful individuals were preventing the report's release.
Cut to July 7, 2024. State Information Commissioner A. Abdul Hakeem overrode SIC’s previous stance and ordered the release of the report, without withholding any information, except that pertaining to the privacy of individuals. "While providing attested copies of the Justice Hema Committee report, the State Public Information Officer should ensure that the materials do not lead to the identification of individuals referenced in the report or compromise their privacy," the order stated.
