KOCHI: The High Court on Thursday emphasised the need for a feminine perspective while drafting special legislation addressing issues faced by women in the workplace, including the film industry. The court had earlier pointed out gaps in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
“We are trying to get different perspectives, predominantly the feminine perspective, which is something we find lacking in our law,” said a special bench comprising Justices A K Jayasankaran Nambiar and C S Sudha. The court appointed advocate Mitha Sudhindran as amicus curiae to collect suggestions from stakeholders, particularly in the film industry, to help shape the legislation.
The court’s order was issued in response to a public interest litigation related to the Justice Hema Committee report on workplace harassment in Malayalam cinema. During the hearing, the state government informed the court that an inquiry into the cases arising from the report, being conducted under the supervision of senior police officers, would be completed by December.
Advocate General K G Gopalakrishna Kurup reported that of the 26 FIRs filed based on the report, five victims had withdrawn from the proceedings. In three cases, victims denied making the statements attributed to them.
Attempts are being made to meet the actual victims, and the investigation is ongoing. The bench decided that no further directions would be issued to the SIT at this stage.
Senior advocate Gopal Sankar Narayanan, who appeared online, informed the court that the Women in Cinema Collective (WCC) intends to file a writ petition to present their suggestions on the proposed legislation. The WCC had consulted lawyers and compiled guidelines to address the issues highlighted in the Hema Committee report, until formal legislation is enacted.