Kerala HC Directs SIT To Investigate Drug, Alcohol Use In Malayalam Film Industry
The Kerala High Court instructed the Special Investigation Team (SIT) tasked with investigating sexual harassment allegations in the Malayalam film industry to also probe the prevalent use of alcohol and drugs on film sets and related workplaces.
This directive came during a hearing focused on the findings of the Hema Committee report, with a special bench convened to address petitions concerning the Hema Committee's findings, which exposed widespread sexual harassment and practices akin to a casting couch in the Malayalam film sector.
A Division Bench of Justice AK Jayasankaran Nambiar and Justice CS Sudha recognized the gravity of the situation, stating that the SIT must take appropriate legal actions to address and curtail the excessive use of these substances on movie sets. The Court said, “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."
It emphasized the necessity of implementing ongoing measures to prevent such practices, which violate existing laws.
Upon reviewing the unredacted version of the Hema Committee report, the Court noted that witness statements contained therein indicated cognizable offenses. It clarified that these statements should be treated as ‘information’ under Section 173 (concerning information in cognizable cases) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) of 2023, thereby directing the SIT to proceed according to the law.
Furthermore, the Court underscored the importance of maintaining the anonymity of victims and said, “The SIT shall take all precautions to see that the name of the victim/ survivor is not revealed or made public. The name of the victim/ survivor shall be masked in the FIS/FIR. The SIT shall ensure that the copy of the FIS is not uploaded or made public.”
Regarding the investigative process, the Court instructed the SIT to adhere to pertinent legal protocols. Investigating officers are required to assess whether sufficient evidence exists to file a final report; if not, they should submit a referral report. The Court made it clear that witnesses should not be coerced into providing statements, and the SIT should engage with victims and survivors to gather their accounts. If witnesses decline to cooperate or if evidence is lacking, the SIT must follow the appropriate procedures outlined in Section 176 (procedure for investigation) of the BNSS.
The Court also noted that some involved parties had yet to respond to the counter-affidavit submitted by the State, directing them to do so and scheduling the next hearing for October 28.
Cause Title: Joseph. M. Puthusserry v. State of Kerala & Ors.
