The Kerala High Court on Monday instructed the Special Investigation Team (SIT) probing sexual harassment complaints within the Malayalam film industry to expand its investigation to include the widespread use of alcohol and drugs on film sets and related workplaces.

While hearing matters concerning the Hema Committee report, the special bench comprising Justice AK Jayasankaran Nambiar and Justice CS Sudha took note of advocate TB Mini's plea to instruct the excise department to issue prohibitory orders against the consumption of drugs and alcohol on film sets.

In response, the Bench underscored that the SIT should take appropriate legal actions to curb and prevent the rampant use of alcohol and drugs in movie production environments.

"We also note that the report of the Committee refers to the rampant use of alcohol/drugs in the film shooting sets and other connected workplaces. The SIT shall conduct investigation into the same and take necessary action as contemplated under law. Necessary steps as and when required shall be taken in future also to prevent such rampant use of alcohol/drugs at shooting locations and other connected work sites, which use are in violation of the relevant provisions of law," the Bench directed.

The Court further stated that ongoing measures must be implemented to prevent such activities in the future.

The special bench was considering petitions seeking an investigation into the findings of the Hema Committee report and action against those responsible.

This bench, formed specifically to address matters arising from the report, highlighted the widespread sexual harassment and casting couch practices in the Malayalam film industry. The Justice K Hema Committee was established by the Kerala government in 2017 following a petition by the 'Women in Cinema Collective' to study the challenges faced by women in the industry. The report, which was made public in a redacted form on August 19, named several prominent film industry members as alleged perpetrators of sexual crimes, including rape.

Among the matters before the bench is a public interest litigation (PIL) seeking criminal action against the accused identified in the report. After reviewing the unredacted version, the Court noted that witness statements recorded in the report indicated cognizable offences.

Consequently, the Court clarified that these statements should be treated as 'information' under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023 and instructed the SIT to proceed according to the law. Importantly, the Court stressed the need to protect the anonymity of victims and survivors during the investigation.

"The name of the victim/survivor shall be masked in the FIR, and no information shall be made public," the bench ordered, further stating that the accused would only be given a copy of the report upon the submission of the final report.

The Court directed the SIT to adhere to all relevant legal provisions during the investigation. The investigating officer must assess whether there is sufficient evidence to file a final report, and if not, a referral report should be submitted. The Court also clarified that witnesses should not be compelled to give statements, instructing the SIT to reach out to victims and survivors for their accounts. If witnesses are unwilling to cooperate or if evidence is lacking, the procedures outlined under Section 176 of the BNSS should be followed.

Additionally, the Court noted that certain parties had yet to respond to the counter affidavit filed by the State and directed them to do so, posting the matter for hearing on October 28.

Case Title: Joseph M Puthussery v State of Kerala & Ors