Hema Committee Report: 72 prominent personalities urge Kerala CM to enact law

In a joint appeal, 72 prominent personalities, including author Arundhati Roy, have urged the Chief Minister of Kerala to enact a law to address the concerns raised by Justice K. Hema Committee Report on sexual atrocities against women in the film industry.

Signatories to the appeal include Supreme Court lawyers Indira Jaisingh and Vrinda Grover, actors Aparna Sen, Prakash Raj, Swara BhaskerMusician TM Krishna, some retired bureaucrats and several journalists who have sought a “360-degree approach” from the state government to achieve the objectives for which the committee was set up.

In their letter to the CM, concerns highlighted include the “excessive focus on sexual crimes and offences mentioned in the report” and the “virtual exclusion” of issues such as working conditions in the film industry, lack of contracts, pay disparities etc., which are also mentioned in the panel’s findings.
One of the signatories, TM Krishna, in a post on social media platform Instagram, expressed solidarity with women in Malayalam cinema and urged the state government to take immediate action on the committee’s report.

“In solidarity with women in Malaysian cinema, we urge the Kerala government to take immediate action on the Hema Committee Report, addressing not only sexual harassment but also pay disparity, poor working conditions and systemic inequality in the industry,” she said.

The signatories, in their joint letter to Vijayan, said the creation of the Special Investigation Team (SIT) to investigate complaints made by women about their experiences of sexual harassment and violence in the industry “has given a new impetus to selective media coverage”.

“The inevitable implication of such selectivity is that addressing the underlying causes of violence – namely inequality and discrimination – is less important than the violence itself.

“Furthermore, the government has made no effort to sensitize the media and the public to the possibility that women with legitimate allegations of crimes may not necessarily wish to explore legal options for a variety of entirely acceptable reasons,” they said.

They further said that in the absence of such sensitisation, the current atmosphere in the state was veering towards doubt over the allegations of any woman who chose not to lodge a complaint with the police after making her complaints public.

In addition, women who shared their stories with the public and media face extreme pressure from police to file official complaints, they said in the letter.

This is a deeply disturbing development. In all cases of sexual offences, the agency and mental health of survivors must be given priority above all else. The Government must give strict instructions to the police and the SIT not to bully women, to treat them with consideration and to act in their best interest, they said.

They said that in these circumstances, women who have made complaints should be allowed to decide how they wish to proceed with their individual experiences following the publication of the report.

She added that the state government should also “invest in an awareness programme to sensitise the public and the media” so that the “testimonies” of women who suffered sexual exploitation are not called into question simply because they are unable or unwilling to fight long-standing cases.

“The goal of such a program should be to ensure that women who choose not to explore legal options are not publicly discredited or humiliated, which is the direction we are concerned the discourse in the state will take in the absence of thoughtful intervention.

“The government should offer counselling to all women who dare to speak out, regardless of the path they choose. This counselling would help them deal with mental health problems arising from sexual harassment and violence,” they say in the letter.

They also said the government should also look into other important issues, such as the absence of written contracts, wage discrimination and poor working conditions, such as the lack of provision of private and safe toilets and changing facilities, as well as safe accommodation and transport, highlighted in the report.

“It must take steps to remedy the situation through systemic reform of the industry, in line with the committee’s numerous and detailed recommendations. The government must also ensure the safety of the women who have spoken before the committee and in public about their experiences.

“This must include – we repeat, because it cannot be stressed enough – a guarantee that they will not be forced to file complaints with the police if they do not wish to do so,” they said.

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