Kerala Govt Refuses to Act on Malayalam Film Industry Sex Abuse
Despite Official Commission’s Report, Asks Survivors to File Complaints
Newsreel Asia Insight #316
August 22, 2024
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An official investigation report on allegations of sexual abuse and exploitation within the Malayalam film industry details 17 different forms of exploitation faced by women across 30 industry categories. However, Kerala Chief Minister Pinarayi Vijayan has stated that his administration will not independently initiate action against individuals named in the report unless a woman comes forward with a complaint.
The 235-page Hema Commission report has been published more than four years after it was tabled before the state government, as reported by ONmanorama. It reveals the dominance of a few powerful men in the industry—producers, directors, and actors—who perpetuate a culture of sexual demands and harassment,. The commission also notes the ineffectiveness of internal complaint committees (ICCs), which are more nominal than functional, and highlights issues such as inadequate transportation and lodging that contribute to the unsafe conditions for female industry workers.
Legal experts argue that the release of the commission’s findings obligates the government to act without waiting for individual complaints. According to Indian law, notably Section 157 of the Criminal Procedure Code and its counterpart, Section 176 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), state authorities are “required” to initiate suo motu action in cases of sexual abuse.
The report lists multiple offences, such as assault intended to outrage a woman’s modesty (Section 354 IPC/74 BNSS), use of force to disrobe a woman (354B IPC/76 BNSS) and other acts of sexual misconduct, all categorised as cognizable under the law.
When the police become aware of a cognisable offence—an offence severe enough to warrant an arrest without a warrant—they are legally required to take action, even if no one has directly filed a complaint. This obligation ensures that the police investigate and address serious crimes proactively, to uphold law and order and protect public safety without needing a victim or witness to initiate the process.
Further, any public member can trigger police action by reporting these offences, a process mandated by the new legal framework under 199(C) BNSS, which penalises officers failing to register such complaints with up to two years of rigorous imprisonment. Even a preliminary inquiry is not required in cases involving sexual crimes against women.
Actor Parvathy Thiruvothu has criticised the state government, calling on the government to respond to the report by addressing the alleged abuse of minors highlighted in the document. “If the government doesn’t take necessary action despite such a damning report, it will be damaging to it. The public is keenly invested in this. Perhaps those in the industry can choose to remain silent, but if the government too remains silent that will be damaging,” she told Manorama News.
The three-member committee, composed of retired High Court Justice K. Hema, former actress Sharada, and retired IAS officer K.B. Valsala Kumari, was formed in response to demands from the Women in Cinema Collective following the February 2017 abduction and sexual assault of a prominent actress, according to Economic Times. The case is still ongoing, with well-known actor Dileep as the eighth accused.
