Malayalam actress moves to Supreme Court against FIRs based on Justice Hema Committee report
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A Malayalam film actress has approached the Supreme Court, challenging a Kerala High Court order directing the registration of First Information Reports (FIRs) based on statements made to the Justice Hema Committee.
According to a Live Law report, the actress, who had deposed before the committee formed to investigate the exploitation of women in the Malayalam film industry, argued that her statements were intended solely for academic and advisory purposes, not for initiating criminal proceedings.
The Justice Hema Committee was established in 2017 after the Women in Cinema Collective urged Kerala Chief Minister Pinarayi Vijayan to investigate challenges faced by women in the film industry. This followed a high-profile sexual assault case involving actor Dileep. The committee, comprising Justice Hema, veteran actor Sharada, and former bureaucrat KB Valsalakumari, documented allegations of workplace exploitation, including coercion into compromising situations for professional opportunities.
A redacted version of the report was released on August 19, 2023, after the High Court rejected actor Ranjini’s plea to stay its publication. The report highlighted systemic issues, including instances of women being pressured to make "compromises and adjustments," a euphemism for sexual exploitation.
Following the High Court’s directive, the Kerala government informed the court on October 28 that 26 FIRs had been registered based on the committee’s findings. This action stemmed from the court’s order to a Special Investigation Team to act under Bharatiya Nagarik Suraksha Sanhita Section 173, which mandates filing cases for cognizable offences.
However, in her Special Leave Petition to the Supreme Court, the actress argued that her statements to the committee could not be treated as grounds for a criminal investigation. She claimed the High Court’s directive overstepped its authority by interfering with the investigative agency’s functions.
Since the report’s release, several prominent figures in the Malayalam film industry, including actor Siddique, Communist Party of India (Marxist) MLA M Mukesh, actor Jayasurya, and director VA Shrikumar Menon, have faced allegations of sexual misconduct.
On November 19, the Supreme Court granted anticipatory bail to Siddique in a rape case filed by another actor. While confirming the interim protection granted earlier, the court questioned the complainant’s eight-year delay in filing the case.
