What is the Hema Commission report, and why has the Kerala HC stayed its release?

News of the incident sparked shock and outrage across the state even as disturbing details of the incident emerged. The incident was filmed in a purported attempt to blackmail the survivor. Six of the ten accused were arrested within days, while popular actor Dileep was named an accused and remanded to judicial custody in July. The case has been on trial since 2020, and Dileep is presently out on bail.

Even as multiple actors and technicians working in the industry expressed their solidarity with the survivor, the incident shone a light on the discriminatory treatment faced by its women. The Women in Cinema Collective (WCC), formed in response to this incident, submitted a petition to the Chief Minister and demanded an inquiry into the gender issues plaguing the film industry.

The Hema Commission and its recommendations

Five months after this incident, the state government in July 2017 formed a three-member committee headed by retired Kerala High Court judge, Justice K Hema, to look into issues of sexual harassment and pervasive gender inequality in the Malayalam film industry.

The commission consulted with multiple women professionals in the industry and recorded their detailed accounts of sexual harassment, wages earned, and possible blacklisting from work, among other issues. A 300-page report was submitted to Chief Minister Pinarayi Vijayan in December 2019, accompanied by documents, audio and video evidence to support the findings.

The commission indicated the existence of a casting couch in the industry, while the presence of alcohol and drugs was widely reported on film sets. The committee recommended the formation of a tribunal to investigate the allegations raised in the report.

Delay in the release of the report

The state did not act on its release for three years, maintaining that the commission had not been appointed under the Commissions of Inquiry Act, 1952. Despite multiple requests by the WCC and other organisations in the ensuing years, the government refused to disclose the contents of the report, with Cultural Affairs Minister, Saji Cherian informing the Assembly that the confidentiality of multiple respondents would be violated in doing so.

The state government in January 2022 formed a panel to study and work out a plan to implement the recommendations of the Commission report, releasing the draft recommendations of the report vaguely in May 2022. These included making job contracts mandatory in the sector, ensuring wage parity across genders for the same job, banning the use of drugs and liquor in shooting locations, and ensuring safe working conditions for women at locations.

Unpleased with the progress, five RTI activists and media persons approached the Kerala State Information Commission (KSIC) to act on this. The KSIC on July 6, 2024, ruled in favour of a controlled release of the report to the petitioners while maintaining the privacy of those who deposed before the commission.

The 233-page iteration of the report was due to be released on Wednesday before the Kerala High Court stayed its release for a week. The interim stay was ordered based on a petition moved by film producer Saji Parayil, who argued that its release would be against the public interest and violate the right to privacy of the individuals including the petitioner, possibly exposing them to retaliation and harassment.

The court has asked the state government and KSIC to respond. The petition will be heard on August 1.