Kerala High Court Orders SIT to Investigate Drug and Alcohol Use in Malayalam Film Industry Amid Sexual Abuse Allegations

The Kerala High Court has instructed the Special Investigation Team (SIT) to examine the prevalent use of alcohol and drugs on film sets in the Malayalam industry. This directive came from a special division bench comprising Justices A K Jayasankaran Nambiar and C S Sudha. They were addressing a public interest litigation related to the Justice Hema Committee report, which highlighted issues of sexual abuse in the industry.

The Justice Hema Committee was established by the Kerala government following a 2017 actress assault case. Its report exposed harassment and exploitation of women in Malayalam cinema. In response to these revelations, the state government announced on August 25 the formation of a seven-member SIT to investigate these allegations against actors and directors.

Focus on Alcohol and Drug Use

The court emphasized the need for measures to curb alcohol and drug use at shooting locations and related workplaces. It stated that such activities violate legal norms. The SIT has been tasked with probing these issues and taking appropriate legal actions as necessary.

The bench reviewed the entire Justice Hema Committee report, including its redacted sections. It noted that witness statements recorded by the committee indicated possible cognizable offences. Consequently, it directed that these statements be treated as information under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), allowing the SIT to act accordingly.

Protection of Victims' Identities

The court stressed that victim identities must remain confidential. It instructed that victims' names be masked in First Information Statements (FIS) or First Information Reports (FIR). Furthermore, copies of these documents should not be made public or issued to anyone except the victim, as per Section 173(2) BNSS. The accused can access them only after filing the final report.

In its action taken report dated September 28, 2024, the SIT noted that witnesses were unwilling to cooperate with police investigations. The court reiterated that witnesses cannot be compelled to provide statements. If witnesses remain uncooperative and no evidence is available, steps under Section 176 BNSS should be considered.

The SIT is required to contact victims and record their statements upon registering a crime. If cooperation is lacking and evidence insufficient, appropriate measures under Section 176 BNSS must be taken, as advised by the special division bench.