Do not force survivors to lodge official plaints, Kerala CM urged

The appeal stated that govt. should instruct SIT to provide guidance to ensure effective investigation and trial

Published - September 03, 2024 01:12 am IST - KOCHI

Nearly 72 writers, activists, journalists, lawyers and filmmakers have issued a signed appeal urging Chief Minister Pinarayi Vijayan to instruct the police and the Special Investigation Team (SIT) formed in the wake of the release of the Hema Committee report not to “bulldoze” women in the Malayalam film industry, who have shared their stories with the public and the media, to lodge official complaints.

Among the signatories are Arundhati Roy, Indira Jaisingh, Vrinda Grover, Sarah Joseph, K.R Meera, N.S Madhavan, and T.J.S George. “They are facing extreme pressure from the police to lodge official complaints. This is a deeply disturbing development. In all cases of sexual crimes, a survivor’s agency and mental health must be prioritised above all else. The government should strictly instruct the police and the SIT to not bulldoze women, treat them with consideration, and act in their best interests,” according to the statement .

The appeal said that it was an established fact that for survivors of sexual harassment and violence, the process of seeking justice could exacerbate their trauma, despite the protections guaranteed by law and often due to the insensitivity of officials involved.

“Such accounts may not necessarily lead to successful court procedures. Most of the reported incidents are at least a few years old, with some dating back decades. It is likely to be difficult to produce evidence, witnesses, and meet other legal requirements after such a long time. Under these circumstances, we believe the women concerned should be allowed to decide how they wish to proceed with their individual experiences following the report’s release.”

For those who want to pursue justice through the court, the government should instruct the SIT to provide necessary guidance to ensure an effective investigation and trial. Speaking their truth was also a form of justice, and there should be no retaliation for it. The State should assist women who face such backlash, it said.

The signatories suggested an awareness-building program to sensitise the public and the media, ensuring that testimonies of women who have suffered sexual exploitation were not doubted or ignored simply because they could not or do not wish to engage in prolonged legal battles.

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