Kerala High Court with Justice Hema Committee Report 
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Hema Committee Report released hours after Kerala High Court rejects plea to halt [READ REPORT]

The Court today dismissed an appeal by actress Ranjini who raised privacy concerns. The Court allowed her to file a fresh plea but it could not be heard in time before it was handed over to several parties.

Praisy Thomas

The Justice Hema Committee Report on the working conditions of women in the Malayalam film industry has been released to various journalists who had sought a copy of the same.

As per the report, women in cinema are told to make "compromise" and "adjustments", terms which allude to making themselves available for sex on demand.

"According to women in cinema, the harassment starts from the very inception. It is revealed from the statements of various witnesses who were examined before the committee that production controller or whoever gives an offer for role in cinema first approaches the woman/ girl of it it is the other way and a woman approaches any person in cinema seeking a chance in cinema, she is told that she has to make "adjustments" and "compromise" to take her in cinema. "Compromise" and "adjustment" are two terms which are very familiar among women in Malayalam film industry and thereby they are asked to make herself available for sex on demand," the report says.

The report was released hours after the Kerala High Court today declined to entertain an appeal by actress Ranjini, against an August 13 order of single-judge allowing the release of the report.

A Bench of Acting Chief Justice A Muhamed Mustaque and Justice S Manu said that the actress should file a writ petition instead of an appeal.

The Court explained that an appeal against the single-judge order would not lie since the actress was not a party to the case in which the single judge order was passed. The single-judge order was in personem (against a particular person) and not in rem (on legal issues against the world at large), the Court pointed out.

Accordingly, Ranjini's counsel filed a writ petition and the matter was mentioned this afternoon before Justice VG Arun.

Representing the actress, advocate Renjith B Marar urged the Court to stay the impending release of the report.

However, the single-judge initially expressed that he could not hear the matter yet since the writ petition was yet to be numbered.

"Let it (numbered writ petition) come," the single-judge said.

Without a stay order preventing its release, the report was handed over to various parties who had sought it at 2.30 PM.

A short while later, the writ petition was numbered and taken up again by the single judge. However, the matter was simply adjourned to August 27 after the Court was informed that the report has been released.

The Justice K Hema Committee was set up by the Kerala government in 2017 following a petition by the 'Women in Cinema Collective' to study the issues faced by women in the film industry.

Actress Ranjini was among those who gave a statement to the committee as part of this study.

The report was submitted in 2019.

Later, the State Information Commission (SIC) allowed a plea under the Right to Information Act (RTI Act) to publicly release portions of the report after redacting personal information.

This move was challenged by film producer Sajimon Parayil before the Kerala High Court. However, on August 13, Justice VG Arun dismissed his petition,

The August 13 order was then challenged by Ranjini. The actress filed an appeal in the matter to raise concerns that her right to privacy may be violated with the report's release, since the task of redacting sensitive portions of the report was left solely to the discretion of an Information Officer.

She highlighted that she had given her statement on assurances that confidentiality would be maintained.

She added that she had a legitimate expectation that she would be notified and heard before any part of the report that concerns her statements would be released.

She further contended that those affected by the report's release have been kept in the dark about which portions would be redacted prior to the report's publication.

However, since the Court declined to entertain the challenge as it was in the form of an appeal, the report was released.

[Read Report]

Justice Hema Committee Report.pdf
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