On Tuesday (August 13, 2024), the Kerala High Court threw out a writ petition challenging the order of the State Information Commission which directed the Kerala government to publish a censored version of the Justice K. Hema Committee report on working women’s conditions in Malayalam cinema.
A committee led by former Kerala High Court Judge, K. Hema, was created following an incident involving sexual assault of an actor in 2017. The committee submitted its report to the Kerala government on December 31, 2019 but it has not been made public due to its sensitive nature. The SIC’s order came on applications filed under the RTI Act.
The petitioner argued that releasing these reports will infringe upon their fundamental rights and privacy rights as well as undermine public policy given that the confidentiality accorded to people who testified before this committee would be lost. Disclosing this report would enable witnesses or complainants to be identified, leading them to possible harassment and reprisals.
However, even with certain details excluded from it, release of such a report might still put at risk those persons who testified during its compilation while they were guaranteed confidentiality. This fragile aspect of disclosure was deemed important for preserving integrity during investigations as well as protecting individuals involved by gaining faith in governmental inquiries and promoting openness around issues pertaining workplaces according to a petitioner.
Further there had been no consultation before unilaterally releasing it thus violating natural justice principles since respondents like stakeholders within films industry were not given an opportunity for rebuttal concerning any false accusations that could have damaged both careers and reputations.
The SIC argued that all along for four and half years now this document has been kept concealed by petitioner hence he is trying to bar it from being published. He said that whatever was contained in that file ought to be known by every citizen because it can help improve such conditions faced by women in film sector besides several suggestions put across by the commission to better their situation.
It was the submission of the SIC that its order took care of Section 11 of the RTI Act fully and directed for removal of personal information, names and all possible indicators leading to someone being named from this report.
