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Kerala Court Slams Govt for Inaction on #MeToo Cases in Film Industry

The Kerala High Court has slammed the state government for its failure to act on the Justice Hema Committee report, which exposed sexual exploitation of women in the Malayalam film industry 

10-09-2024
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The Kerala High Court on Tuesday expressed strong disapproval of the state government’s lack of action on the findings of the Justice Hema Committee report, which brought to light the sexual exploitation of women in the Malayalam film industry. The report, submitted in 2019, detailed numerous instances of harassment, yet no cases have been registered in the four years since its release. The court criticized the government for its inaction, ordering the Special Investigation Team (SIT) formed to probe the issue to submit an action taken report.

A special bench, consisting of Justices AK Jayasankaran Nambiar and CS Sudha, highlighted the urgency of the situation, stating, "You have done nothing in 4 years except sit on the report." The bench emphasized that silence from the government on such critical issues was not an option, and it urged action to address widespread bias and discrimination against women. The court also underscored the broader societal challenges facing women, especially in Kerala, where the female population is significant. The judges called for immediate steps to tackle the concerns raised in the report, both within and beyond the film industry.

The Justice Hema Committee, formed by the Kerala government in 2017, was tasked with investigating the exploitation of women in the Malayalam film industry. The report, made public on August 19, 2024, revealed multiple cases of harassment, including some that occurred before the production of films even began. The court called on the government to consider drafting new legislation to protect women, particularly in cases where the existing legal framework, such as the POSH Act, may not apply. The Protection of Women from Sexual Harassment (POSH) Act, designed to safeguard women in formal workplaces, might not cover situations involving women seeking employment in industries like film.

The bench also suggested exploring alternative dispute resolution mechanisms, such as arbitration and mediation, for non-criminal matters, including cases of gender discrimination faced by make-up artists. However, the court made it clear that criminal offenses should be dealt with strictly under the law. In response to the report’s public release, the Pinarayi Vijayan-led government set up a seven-member SIT to investigate allegations of sexual harassment against several prominent figures in the Malayalam film industry. The High Court now expects the government to take decisive action on these issues, ensuring that justice is served for the women affected.

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