What is the Hema Commission Report?
South India has not one but four film industries. Every year these four industries have a tremendous contribution at the box office. But if we talk about this year, Malayalam cinema has performed brilliantly. A recent report stated that the Malayalam industry has earned more in the first half of 2024 than in the whole of 2023. But this time Malayalam film industry is in discussion for some other reason. On July 24, 2024, a single bench of the Kerala High Court stayed the publication of the Justice Hema Commission report.
This whole matter started from today. While a report on the working status of women in the Malayalam film industry was to be released. But a few hours before this, the Kerala High Court, while hearing a petition challenging it, had put an interim stay on the release of the report till July 31.
What is the whole matter?
Actually the case is dated 14 February 2017. When a leading Malayalam actress was sexually assaulted in her own car. At that time she was going to Kochi from her home. During this time a group of boys kidnapped her and sexually assaulted her. The news of this incident spread like wildfire across the state. Due to which people were not only angry but also showed great anger. The motive of the accused was to blackmail the victim. However, within a few days, 6 out of 10 accused were arrested. While, popular actor Dileep was sent to judicial custody in July. The hearing of this case is going on since 2020. While Dileep is out on bail.
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After this incident, many actors and technicians of the Malayalam film industry raised their voices in this matter. Also, attention was drawn to the discriminatory treatment of women. After which the Women in Cinema Collective (WCC) submitted an application to the Chief Minister. Meanwhile, there were calls for an inquiry into gender issues in the industry. Five months have passed since the incident. Then in July 2017, the state government constituted a three-member committee to look into the issues of sexual harassment and gender inequality in the Malayalam film industry. The committee was formed under the chairmanship of retired Justice Hema of the Kerala High Court.
What is the Hema Commission Report?
Under this committee, the commission consulted many women professionals in the industry. During this period, issues such as sexual harassment, wage gouging and blacklisting from work were recorded. In December 2019, a 300-page report was submitted to Chief Minister Pinarayi Vijayan. It included documents, audio and video evidence to support all these points. The Commission raised issues of casting couch in the industry. While there were also reports of alcohol and drug use on the sets of the film. The committee on this recommended the constitution of a tribunal to inquire into the allegations raised in the report.
Delay in release of report
No action was taken on his release for almost 3 years. Meanwhile, it was said that the commission was not appointed under the Commission of Inquiry Act, 1952. The WCC and other organizations made many requests over the years. But still the government refused to release the contents of the report. Cultural Affairs Minister Saji Cherian told the assembly that doing so would violate the privacy of many respondents.
The state government constituted a panel in January 2022. The report’s draft recommendations were released in May 2022. Among the things being considered are making job contracts mandatory in the field, equal pay for all genders on the job, banning the use of drugs and alcohol at shooting locations and safe working conditions for women at these locations.
Where did the matter stop?
5 RTI activists and media persons approached the Kerala State Information Commission (KSIC) to take action on the matter. On July 6, 2024, the KSIC ruled in favor of controlled release of the report to the petitioners while preserving the confidentiality of those who testified before the commission. The 233-page iteration was to be released on Wednesday. But the Kerala High Court banned its release for a week. The interim stay order was granted on a plea filed by filmmaker Saji Parayil, who said its release would be against public interest. It will also violate the right to privacy of any other person including the applicant.
