Kerala High Court appoints amicus to help draft new workplace safety law for women

The Kerala High Court has appointed advocate Mitha Sudhindran as an amicus curiae to assist in compiling a proposal for a new law to tackle concerns of workplace safety raised in the Justice K Hema Committee report [Navas A @ Paichira Navas v State Kerala and connected cases].

The Court has asked advocate Sudhindran to assist in incorporating diverse perspectives so that the proposed law is comprehensive and effective in addressing the challenges faced by women in the Malayalam film industry.

The Special Bench comprising of Justices AK Jayasankaran Nambiar and CS Sudha also reiterated the importance of incorporating a feminine perspective in drafting such legislation.

"In public interest, we have directed that women lawyers draft a proposal to provide a feminine perspective. Let all recommendations come in for the State to look into," Justice Nambiar orally remarked.

The Special Bench was hearing matters arising from the recent public release of the Justice K Hema Committee report on the working conditions of women in the Malayalam film industry.

A redacted version of the report of the Committee was released to the public in August this year, indicating widespread sexual harassment and gender discrimination in the Malayalam film industry.

Senior Counsel Gopal Sankaranarayanan appeared today for the Women in Cinema Collective (WCC) - whose requests had earlier led to the constitution of the Justice Hema Committee.

He submitted that the WCC members had consulted with some lawyers and compiled certain guidelines to tackle the issues flagged by the report, until a law is put in place.

He added that they have even included a comparative analysis of how other film industries abroad had addressed similar issues, offering insights into possible solutions for the Malayalam film industry.

He also suggested that a petition could be filed before the Court seeking interim guidelines to safeguard women in the industry until a comprehensive legislation was enacted.

An NGO named Culture Academy for Peace also proposed a draft for such a law, with recommendations for improving the health, safety, and environmental standards in the entertainment industry.

The Court allowed NGO's impleadment in the cases before it and urged all stakeholders (including the WCC) to provide their inputs for a well-rounded law draft which could be put before to the State government for further action.

"More perspectives, the better, Mr. Sankaranarayanan. We will gather all drafts and provide them to the State for review. Legislation in Kerala could move faster—unlike Vishakha, we trust the State legislature to act promptly," Justice Nambiar said.

The Court also took note of the progress report submitted on behalf of the Special Investigation Team (SIT) that is investigating criminal cases that have been registered in the wake of the Justice Hema Committee report's release.

The Court was told that the investigation in these cases is proceeding steadily.

The State was represented by Advocate General Gopalakrishna Kurup. The Special Bench will hear these matters next on November 21.