New Delhi: The Kerala High Court’s stay Wednesday on the release of the Justice K. Hema Committee Report posed a fresh setback to the years-long struggle towards the public release of a comprehensive study of the working conditions for women in the Malayalam film industry. The report was put together after outcry over the 2017 kidnapping and assault of an actress allegedly orchestrated by popular actor Dileep because of a personal vendetta against her.
The incident occurred even as the Me Too movement forced a reckoning of sexual harassment in workplaces across India. In that light, the Women in Cinema Collective (WCC) came into being, launching the Avalkkoppam (With Her) campaign on social media in solidarity with the victim.
Amid widespread anger, the WCC called for a thorough study on the condition of women in the regional film industry. To that end, in July 2017, Kerala’s Ministry of Cultural Affairs announced the formation of the Hema committee led by high court Judge K. Hema.
On Wednesday, the Hema Committee report, which was to be delivered to petitioners at the State Information Commission, at 4 pm on 24 July, was delayed by a week after concerns were raised over the possibility that the identities of women who deposed before the committee could be compromised by its contents, adding a fresh setback to the ongoing struggle over the report’s release, which the government withheld for several years.
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A shocking case of kidnapping, assault
On 17 February 2017, the victim — a well-known Malayalam actress — was travelling to Kochi from Thrissur by car when she was kidnapped and sexually assaulted by a group of men.
From the investigation that followed, police arrested a number of gang members that were involved, also uncovering an alleged conspiracy that implicated Malayalam actor Gopalakrishnan Padmanabhan, who goes by the stage name Dileep.
On July 10, 2017, Dileep was arrested by the Special Investigation Team (SIT) for staging the incident over a personal grudge against the actress. The actor, who was 50-years-old at the time, spent 85 days in jail before being granted bail on October 3 that year.
Nearly three years after the assault, the trial began in 2020 in the Kerala High Court. In late October 2020, the victim approached the high court to replace Judge Honey M. Varghese, alleging that the judge was hostile and biased.
On December 25, 2021, as Dileep’s trial neared its conclusion, director Balachandra Kumar made explosive allegations, claiming the actor had video evidence of the assault well before it was presented in court presentation. Kumar also shared incriminating audio clips, including purported discussions of plans to target investigating police officers.
The Kerala government moved the Supreme Court for a six-month extension to complete the trial, and a fresh FIR was filed on 9 January 2022.
On 10 January 2022, as Dileep filed for anticipatory bail, the actress broke her silence on Instagram, disclosing her identity and publicly revealing details of the incident for the first time. She garnered widespread support within the Malayalam film industry, with many sharing her statement. The legal proceedings are still ongoing in the case.
The incident also caused rifts in the film industry and the Association of Malayalam Movies Artistes (AMMA), which faced internal discord over its support for Dileep. At the AMMA, superstars Mammootty and Mohanlal’s attempts to defend him were met with opposition, notably from upcoming star Prithviraj and his supporters. Ultimately, the AMMA removed Dileep from the treasurer’s post and suspended him from the association on 11 July 2017.
In June 2018, when Mohanlal became the AMMA president, the body decided to reinstate Dileep. While the actor declined to rejoin, four popular actresses — Rima Kallingal, Remya Nambisan, Geetu Mohandas and the victim — quit the body in protest against the move.
Instead, spearheaded by Dileep’s ex-wife, actress Manju Warrier, the WCC was created in November 2017 to address systemic issues faced by women in the Malayalam film industry. Amid calls for further action, Chief Minister Pinarayi Vijayan announced the formation of a committee to investigate industry challenges faced by women.
Formation of Hema Committee
The three-person Hema Committee, set up in July 2017 with retired high court Judge K. Hema as its chairperson, included actor Sharada and former IAS officer K.B. Vatsala Kumari.
During its tenure, the committee addressed various issues faced by women in the industry, including service conditions, remuneration, representation across all cinema-related fields, and entry into technical roles (by creating initiatives like scholarships). It also supported women during long absences from work due to childbirth, childcare, or health issues.
It tried to ensure gender equality in cinematic content and promoted cinemas with at least 30 percent female production personnel.
The committee had also been directed to put together a comprehensive report and, between 2017 and 2019, it heard the testimonies of several women from the industry on the condition of confidentiality.
The Hema Committee report was submitted to the chief minister on 31 December 2019.
Despite prompt committee formation, the Kerala government faced criticism after it delayed the release of the Hema Committee report citing the sensitivity of its contents. The effort from the WCC and others to obtain information through Right to Information (RTI) inquiries was met with insufficient responses, and, the state’s cultural affairs department also faced controversy for resisting public disclosure, even under the RTI Act.
‘Report must be made public’
Following a number of petitions from RTI activists, the State Information Commission ruled on 6 July that the Hema Committee report must be made public. To safeguard the identities of those who testified, certain sections were edited out, resulting in 70 pages being removed from the 300-page version initially intended for release.
But on 24 July, just hours before the report was finally set to be released, Justice P.M. Manoj of the Kerala High Court stayed its release for a week in response to a petition filed by producer Sajimon Parayil.
Parayil argued that releasing the report might jeopardise individual privacy, and even impact the reputation and livelihood of industry professionals who gave testimonies to the commission. He claimed its publication would be against public interest and could lead to retaliation and harassment of those who testified.
The next hearing in the matter is on 1 August.
Siya Gupta is an intern with ThePrint
(Edited by Sanya Mathur)
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