Kerala HC stays release of Hema Committee report on women’s working conditions in film industry

Kerala High Court stays disclosure of Justice K. Hema Committee report on film industry working conditions for women

The Kerala High Court on July 24 stayed for one week the State Information Commission’s (SIC) order directing the Kerala government to disclose the Justice K. Hema Committee report on women’s working conditions in the film industry with limited redactions.

Justice P.M. Manoj passed the order on a writ petition filed by film producer Sajimon Parayil challenging the SIC’s order. The court also directed the Kerala government, the SIC and other respondents to file an affidavit in response to the petition.

The petitioner contended that the disclosure of the report would violate fundamental privacy rights and the confidentiality promised to the witnesses, and go against public policy.

According to the petitioner, the disclosure of the report, even with purported redactions, would run the risk of identifying individuals who provided testimonies under assurances of confidentiality. As the film industry was interconnected in nature, the “seemingly innocuous details” could lead to the identification of witnesses or complainants, potentially exposing them to retaliation or further harassment. The confidential nature of the report was crucial in maintaining the integrity of the investigation and safeguarding participants, thereby fostering trust in government inquiries and ensuring honest reporting of workplace issues.

Moreover, the unilateral order to disclose the report without prior consultation violates principles of natural justice, denying affected parties, including stakeholders in the film industry, the opportunity to respond to potential allegations or criticisms that could unjustly damage their reputations and livelihoods, the petitioner said.

The Hema Committee, constituted in the wake of the sexual assault of an actor in 2017, submitted its report to the government on December 31, 2019. However, it has not made the report public on the grounds of the sensitive nature of information.