In the case of Women In Cinema Collective v. State of Kerala & Others, W.P.(C) No. 41327 of 2024 and connected matters, a Special Bench of the Kerala High Court comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha expanded the jurisdiction of the nodal officer appointed to address grievances in the film industry. The order, issued on December 18, 2024, extends the officer's mandate to include complaints from individuals who were not part of the Justice Hema Committee’s proceedings.

The Court directed that the nodal officer, already nominated pursuant to an earlier order, shall accept grievances of harassment or abuse from individuals in the film industry, regardless of whether they had approached the Justice Hema Committee. The Bench held that “it would be desirable to extend the jurisdiction of the nodal officer to cover even those grievances that will be raised by persons in the film industry who have not approached the Hema Committee, so that any such person can submit individual grievances with regard to any harassment/abuse faced by them to the nodal officer for forwarding to SIT for investigation.”

The Special Investigation Team (SIT), constituted to investigate offenses highlighted in the Justice Hema Committee Report, had earlier been tasked with ensuring the protection of witnesses from intimidation or threats. Senior Advocate Gopal Sankaranarayanan, appearing for the Women in Cinema Collective (WCC), sought clarification on whether the SIT could entertain grievances from other similarly situated individuals. The Court affirmed this approach, allowing the nodal officer to receive complaints from all aggrieved persons and forward them to the SIT for further investigation.

The Court asserted that adequate confidentiality would be maintained. It remarked, “The advantage of this mechanism is confidentiality, whereas normal complaints to the police would not provide the same level of protection. This ensures that grievances are forwarded from the SIT to the Court without interference.”

However, the Bench imposed a time frame for submitting such complaints, stating, “We will keep the window open till 31st January.” Advocate Sandhya Raju, appearing for another party, argued for an extension of this deadline, citing the fear many individuals experience in coming forward. The Court acknowledged this concern but observed that the SIT’s investigation cannot be prolonged indefinitely due to its criminal nature. It clarified that individuals may still approach the police with their grievances beyond the January 31 deadline, but they would not have the benefit of the nodal officer's confidentiality mechanism.

The Court orally noted, “The window is open only for this purpose. If a person has a complaint of harassment, they can always go to the police station. The confidentiality offered through this platform is an added advantage. Those who are already aggrieved should not wait unnecessarily. There is a certain protection ensured here.”

The matter has been posted for further hearing after the Court’s vacation.

Case Title: Women In Cinema Collective v. State of Kerala & Others & Connected Matters
Case Number: W.P.(C) No. 41327 of 2024 and Connected Matters
Bench Details: Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha