Kerala High Court

Sajimon Parayil vs State Of Kerala, Represented By ... on 3 October, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
                             WA NO. 1248 OF 2024
 (ARISING FROM JUDGMENT DATED 13.08.2024 IN WP(C) 26497/2024 OF THIS COURT)
APPELLANT(S)/PETITIONER:

     SAJIMON PARAYIL,AGED 57 YEARS,S/O. T S RAJAPPAN,PURAVA OCEANA,FLAT
     NO: 11 C,MARINE DRIVE,ERNAKULAM,PIN - 682031.

BY.ADVS.M/S.SAIBY JOSE KIDANGOOR, AMEER SALIM, BENNY ANTONY PAREL, IRINE
MATHEW, NAZRIN BANU & P.M.MOHAMMED SALIH

RESPONDENT(S)/RESPONDENTS:

  1. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF CULTURAL
     AFFAIRS,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001
  2. STATE INFORMATION COMMISSION KERALA, REPRESENTED BY THE CHIEF
     INFORMATION COMMISSIONER, PUNNEN ROAD, THIRUVANANTHAPURAM, PIN -
     695001
  3. STATE PUBLIC INFORMATION OFFICER, CULTURAL AFFAIRS (B) SECTION,
     GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
  4. THE APPELLATE AUTHORITY,CULTURAL AFFAIRS (B) SECTION,GOVERNMENT
     SECRETARIATE,THIRUVANANTHAPURAM,PIN-695001
  5. LESLY JOHN, T.C 15/1647 MINCHIN
     ROAD,THYCAUD,THIRUVANANTHAPURAM,PIN-695001
  6. ANIRU ASHOKAN, CORRESPONDENT,MADHYAMAM DAILY NEWS,GANDHARI AMMAN
     COVIL ROAD,THIRUVANATHAPURAM,PIN - 695014
  7. MANOJ VIAJAYARAJ,KARITHANDICKAL HOUSE,IRAVIPEROOR P.O
     THIRUVALLA,PATHANAMTHITTA,PIN-689101
  8. AJITH KUMAR T.C 6/1766(2),SANTHARAGHAVAM,PTPM
     NAGAR,THIRUVANATHAPURAM, PIN - 695038
  9. ULLAS. A S, REPORTER,MANORAMA ONLINE, NEAR AROOR TOLL GATE,BYE-PASS
     ROAD,ALAPPUZHA, PIN - 688534
 10. KERALA WOMEN'S COMMISSION( SOUGHT TO BE IMPLEADED )REPRESENTED BY
     IT'S MEMBER SECRETARY NEAR LOURDES CHURCH,P.M.G.,ATTOM
     P.OTHIRUVANANTHAPURAM, PIN - 695001
 11. WOMEN IN CINEMA COLLECTIVE (WCC)( SOUGHT TO BE IMPLEADED )A
     REGISTERED ORGANIZATION, REGISTERED UNDER THE PROVISIONS OF
     TRAVANCORE COCHIN LITERARY,SCIENTIFIC AND CHARITABLE SOCIETIES
     REGISTRATION ACT,1955,REPRESENTED BY ITS MANAGING COMMITTEE MEMBER,
     ASHA ACHY JOSEPH,HAVING OFFICE AT WOMEN IN CINEMA COLLECTIVE
     FOUNDATION,C/O MAMANGAM,STADION 68,3RD FLOOR,BEHIND KALOOR
     INTERNATIONAL STADIUM,PALARIVATTOM,KOCHI, PIN - 682025
 12. NADIRA MEHRIN ( SOUGHT TO BE IMPLEADED )D/O.NAVAS M, RESIDING AT TC
     48/319,MITHRA NAGAR, PARUTHIKUZHY,PONTHURA P.O,
     THIRUVANANTHAPURAM,PIN - 695001.
  13. SANJANA CHANDRAN,AGED 26 YEARS,D/O BALACHANDRAN, RESIDING AT
     YAVARIPARAMBIL HOUSE, CHERUKULATHOOR POST, KOZHIKODE, PIN - 673008
 14. ROHINI ( SOUGHT TO BE IMPLEADED ) AGED30, W/O SREEJITH, VELLIYATH
     PARAMBU HOUSE, P.O, NANDIPULAM,THRISSUR.
 15. ELIZABATH ( SOUGHT TO BE IMPLEADED ) W/O KISHORE,KAITHAPALLY
     HOUSE,NEAR MATTLE TEMPLE,PERUMBADAPPU,ERNAKULAM DISTRICT.

BY.ADV. SMT.SANDHYA RAJU,for R14 & R15.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to the judgment in W P (C) No:
26497/2024 and Exhibit P3 order in the writ petition passed by the 2nd
respondent, pending disposal of the above writ appeal.


     This Writ Appeal coming on for orders on 03.10.2024,upon perusing
the appeal memorandum,the court passed the following:
            DR. A.K.JAYASANKARAN NAMBIAR, J.
                                &
                        C.S. SUDHA, J.
                  -------------------------------
    W.P.(C).NOS.29846, 31639, 31205 & 31332 OF 2024
                                &
                  W.A.NO.1248 OF 2024
                -----------------------------------
          Dated this the 3rd day of October, 2024

                                ORDER

Dr. A.K. Jayasankaran Nambiar, J.

When these matters were taken up today, we went through the

preliminary counter affidavit filed on behalf of the 1 st respondent, the

Joint Secretary, Cultural Affairs Department, Government of Kerala,

which inter alia details the steps taken by the Government on the

basis of the recommendations in the report of the Justice Hema

Committee. The details of the steps taken are as follows:

(i) The Kerala State Chalachithra Academy and the Kerala State Film Development Corporation (KSFDC) have been instructed to take effective measures by preparing plans and programs to increase awareness on participation and safety of women in the film industry.

(ii) In order to create awareness about gender equality/gender justice in the film industry regarding the recommendation of online training, the Chalachithra Academy and the KSFDC have been directed to organize online and offline awareness programs on gender equality / gender justice as a social education process.

(iii) Care is being taken to include progressive women's perspectives in films produced with Government assistance. Some of these films have already been released. More movies are getting ready for release. Under this scheme, films like Nishidho, Divorce, B32 to 44 and Nila have been released by women directors. The film Churul was released on 30.08.2024 under the scheme which provides financial support to films by SC/ST directors for the first time in India.

(iv) A major recommendation of the committee is to formulate a Film Policy for the State of Kerala. Government constituted a committee chaired by Sri.Shaji N Karun for preparing a draft approach W.P.(C).No.29846, 31639, 31205 & 31332/24 & :: 2 ::

paper for Film policy, as per GO(Rt) 357/2023/CLAD dated 15.07.2023. It is also ordered to include suitable suggestions after examining the recommendation of the Justice K Hema Committee. A Film Conclave is being scheduled for consolidating the suggestions of representatives from the various fields in film. Government will formulate an appropriate film policy after taking into account the suggestions from the film world.

(v) Rupees 3 Crores is being allocated annually for the scheme of films produced by women which is implemented through KSFDC. Many film projects are being implemented under the said scheme. Efforts will be made to allocate more funds as per the requirement in subsequent years.

(vi) A special award for women and transgender categories for excellence in any field of cinema is included in the state film awards.

Singer Smt. Nanchiamma and Director Smt. Shruti Saranyam received awards in this category.

(vii) The Kerala State Chalachithra Academy has started a vocational training program for women who want to work in the technical fields of cinema, in the fields of production management, camera and lighting, art design, costume, make-up, post-production supervision, marketing and publicity. The training will lead to employment in professional film production companies.

(viii) At present, various benefits are being provided to the artists and workers who are the members of the Kerala Cultural Worker's Welfare Fund Board. The Government will consider more welfare schemes.

(ix) In the camps and film study programs of the State Chalachithra Academy etc., special attention is being paid to portray women in films in a positive manner. This approach is followed while selecting films in the women film production project implemented through KSFDC.

(x) Internal Complaint Committee has been made mandatory in cinema locations on the basis of Government's direction to urgently set up statutory internal complaint committees in the cinema sector.

(xi) KSFDC's theatres are providing facilities for screening women's films. Also more theatres are being opened including that of KSFDC's and more facilities will be available to screen women's films. Construction of theaters in Kayamkulam, Vaikom, Alagappa Nagar and Payyannur is nearing completion.

(xii) The Government will take practical steps to ensure more representation and opportunities for women in the film industry and film-related institutions.

2. The learned counsel for the other respondents as also the

petitioners in the writ petitions sought time for reverting with their

views and suggestions in the above matters so that the steps taken by W.P.(C).No.29846, 31639, 31205 & 31332/24 & :: 3 ::

the Government can be implemented more effectively. We direct that

the responses of the said respondents and petitioners be filed within a

week from today so that we will be able to go through the responses

before the next date of hearing.

3. It was brought to our notice by Smt.Parvathi Menon A., the

learned Standing Counsel appearing on behalf of the Kerala State

Women's Commission through I.A.No.3 of 2024 that despite the

direction in our order dated 10.09.2024 that required the print,

electronic and social media to exercise restraint and adhere to an

appropriate code of conduct in the matter of publishing news

governing any aspect of the Justice Hema Committee Report and to

accord due respect to the privacy rights of persons who are allegedly

victims of offences committed against them, as also of persons against

whom such allegations/accusations have been made, a program was

aired on Reporter TV between 8 am and 9 am on 16.09.2024 revealing

that a statement had allegedly been made by a female actor before the

Justice Hema Committee accusing a film director and a prominent

male actor. It is stated in the said affidavit that the airing of this

program on Reporter TV per se amounted to a violation of the

directions in our order dated 10.09.2024. We are also told that the

members of the Special Investigation Team [SIT] were constantly

approached by the media for information regarding the progress of the

investigation. This is the conduct that we had restrained the media W.P.(C).No.29846, 31639, 31205 & 31332/24 & :: 4 ::

from resorting to. Taking note of the reported infringement of our

direction, we direct the members of the SIT to issue a general warning

to media personnel, who approach them for information regarding the

progress of the investigation, or for getting details of the persons

against whom such investigation is ongoing to desist from the same,

and in the event of any continued attempts on the part of the said

media personnel, the SIT shall report such instances to this Court, if

need be, by producing such evidence as they may feel fit. On our part,

we issue a caveat to media personnel that reporting any information in

relation to the Justice Hema Committee report, that might lead

viewers to believe that a statement aired in the program was the

statement actually given by the victim before the SIT or the Justice

Hema Committee, will be viewed very seriously by this Court by

deeming the same to be an unnecessary interference with the

administration of justice.