The Kerala High Court on Wednesday put a temporary one-week hold on the State Information Commission's (SIC) order that instructed the Kerala government to release the Justice K Hema Committee report about women's working conditions in the film industry.
Justice PM Manoj issued the order in response to a writ petition submitted by film producer Sajimon Parayil, who challenged the SIC's decision. The court also instructed the Kerala government, the SIC and other respondents to submit an affidavit in response to the petition.
The petitioner argued that releasing the report would infringe on basic privacy rights, break the confidentiality promised to the witnesses, and conflict with public policy.
Parayil's plea stated, per Bar and Bench, that "this order, if implemented, would adversely affect the film industry at large, compromising individuals' privacy, breaching confidentiality and potentially damaging reputations and livelihoods of persons within the industry including the ones who came forward with their viewpoints and testimonials.”
The petitioner claimed that releasing the report, even with redactions, could reveal the identities of those who gave testimonies under confidentiality assurances. Given the interconnected nature of the film industry, even minor details could lead to identifying witnesses or complainants, putting them at risk of retaliation or harassment. The confidentiality of the report was essential for maintaining the investigation's integrity, protecting participants, building trust in government inquiries, and encouraging honest reporting of workplace issues.
Additionally, the petitioner argued that deciding to release the report without prior consultation breaches natural justice principles, as it denies affected parties, including those in the film industry, a chance to respond to allegations or criticisms that could harm their reputations and careers.
{{/usCountry}}Additionally, the petitioner argued that deciding to release the report without prior consultation breaches natural justice principles, as it denies affected parties, including those in the film industry, a chance to respond to allegations or criticisms that could harm their reputations and careers.
{{/usCountry}}The Hema Committee, established after an actor's sexual assault in 2017, submitted its report to the government on December 31, 2019.
The Kerala government set up the Hema Committee in 2017 to investigate problems faced by women in the film industry, following a petition by the 'Women in Cinema Collective'. The Committee completed its report, but the government refused to release it, even after multiple Right to Information Act requests. On July 5 of this year, the State Information Commission ordered the report to be disclosed with some parts redacted. Parayil's petition to the High Court argued that the SIC only allowed for limited redactions.