Today, On 18th March, The Kerala High Court reaffirmed that victims linked to the Hema Committee Report are not obligated to pursue the matter. Justice A.K. Jayasankaran Nambiar stated that individuals receiving summons can inform authorities if they choose not to proceed. However, repeated notices may be sent due to uncertainty in receipt confirmation. The court emphasized that anyone facing harassment or coercion can seek legal relief.
The special bench of the Kerala High Court considering cases related to the Hema Committee Report, specifically examining whether victims are legally obligated to file a First Information Report (FIR), in line with the Supreme Court’s ruling.
Justice A.K. Jayasankaran Nambiar pointed out that the Supreme Court previously dismissed objections to its directives. He also raised the question of whether anyone had truly experienced harassment from the Special Investigation Team (SIT).
Regarding the SIT’s notices to victims, Justice Nambiar remarked,
“If someone receives a summons, they can inform the authorities of their decision not to proceed with the matter. However, if there is no response, repeated notices may be sent since confirmation of receipt is uncertain. Anyone facing harassment or coercion can seek relief from the Court.”
Senior Advocate Gopal Sankaranarayanan informed the bench that although some victims have received SIT notices, they are currently unwilling to come forward.
Justice Nambiar emphasized that individuals who receive notices are not compelled to pursue the matter.
He also acknowledged concerns about the impact of violent media content, stating that while such content can influence society, the necessary state intervention must be weighed against the right to free speech.
He questioned whether films merely reflect existing societal violence or actively contribute to it.
An advocate representing the Women’s Commission raised concerns about violence in cinema, stressing the delicate distinction between gender-based bullying and sexual harassment.
She argued that victims must first determine whether the bullying they experience is related to gender.
The court’s observations could significantly affect the legal responsibilities of victims and contribute to the ongoing discourse about media influence and gender-based violence.
Case Number: WPC 41327/2024 & Connected Matters
Case Title: Women In Cinema Collective v State of Kerala & Others & Connected Matters