The Kerala High Court on Wednesday stayed for one week the State Information Commission’s (SIC) order directing the Kerala government to release the Justice K Hema Committee report on women’s working conditions in the film industry, with limited redactions.
A single bench of Justice PM Manoj passed the order on a writ petition filed by film producer Sajimon Parayil, challenging the State Information Commission’s order. The court also directed the Kerala government, the SIC, and other respondents to file an affidavit in response to the petition.
The Committee report was scheduled to be disseminated today (Wednesday) evening to those who had petitioned the SIC for its disclosure.
The petitioner argued that the State Information Commissioner, in an earlier appeal, had dismissed the request to make the report public, saying that it was not possible to sever the exempted information from the report under the Right to Information Act. The petitioner argued that the State Information Commission failed to provide a reason for reversing its earlier decision while ordering the report’s release.
The petitioner contended that disclosing the report would violate fundamental privacy rights, breach the confidentiality promised to witnesses, and go against public policy.
“This (SIC) order, if implemented, would adversely affect the film industry at large, compromising individuals privacy, breaching confidentiality and potentially damaging reputations and livelihoods of persons within the industry, including the ones who came forward with their viewpoints and testimonials,” Sajimon Parayil said in his petition. The petitioner alleged that the SIC had ordered only limited redactions.
The Kerala government constituted the Hema Committee to study the issues faced by women in the film industry following a petition filed by the ‘Women in Cinema Collective’ (WCC) in 2017.
The Committee submitted its report to the government in 2019, but the state declined to make it public despite several requests under the Right to Information Act. On July 5 this year, the State Information Commission directed the disclosure of the report after redacting certain portions. The Commission had said that it was in the larger public interest for the report to be made public.
The petitioner said that making the report public would affect the privacy of the person who gave testimonies to the commission. The petitioner said that the testimony was given under the promise of confidentiality.
During the hearing of the petition on Wednesday, the Standing Counsel for the State Information Commission and the Government Pleader for the state government questioned Sajimon Parayil’s locus standi, arguing that he has only a private interest in the matter.
The petition will be reconsidered on August 1.