The Supreme Court of India on Friday reaffirmed the directive of the Kerala High Court, mandating the Kerala Police to continue their investigation into allegations of sexual harassment within the Malayalam film industry. This decision came as the Court dismissed petitions that challenged the High Court’s order from last year, which called for the registration of First Information Reports (FIRs) based on the findings of the Justice Hema Committee.
A bench led by Justice Vikram Nath, and comprising Justices Sanjay Karol and Sandeep Mehta, rejected the petitions filed by filmmaker Sajimon Parayil and two female make-up artists, emphasizing the police’s duty to proceed with the investigation when a complaint discloses a cognizable offense under the Bharatiya Nagrik Suraksha Sanhita (BNSS).
The Court stated, “Once information is received, and the officer in charge of the police station suspects a cognizable offence has been committed, he is duty-bound to proceed in accordance with the law as prescribed under Section 176 of BNSS.”
The petitioners argued against the registration of a crime in the absence of prima facie findings that a case exists. The filmmaker also noted that the witnesses who testified before the Justice Hema Committee were reluctant to file complaints with the police. Responding to these concerns, the Supreme Court directed the petitioners to present their grievances to the High Court, ensuring that no undue pressure is exerted on them to participate in the criminal proceedings.
Following the initial inquiry, the Special Investigation Team (SIT) set up by the state police has filed 26 FIRs based on the committee’s report, reflecting the serious nature of the allegations and the state’s commitment to addressing them. The Justice Hema Committee, which was formed to investigate the issues back in 2017, had its findings released publicly only last year, sparking widespread calls for justice and transparency.
The proceedings saw active participation from the Women in Cinema Collective (WCC), which represented various victims both individually and collectively. They supported the continuation of the FIRs, highlighting the importance of a robust legal framework to tackle sexual harassment in the film industry.
