WCC slams Kerala government over molestation case against filmmaker Kunhi Muhammed

The criticism leveled by the Women in Cinema Collective (WCC) against the Kerala government regarding alleged inaction in a molestation case against filmmaker Kunhi Muhammed brings to the forefront critical issues of gender justice, governmental accountability, and the safety of women in workplaces, particularly within the influential film industry. This incident is not an isolated event but rather a reflection of broader societal challenges and systemic gaps in addressing sexual harassment.

**Background Context:**

The #MeToo movement gained significant traction globally and in India, exposing pervasive sexual harassment and assault across various sectors. In the Indian context, the film industry, often characterized by power imbalances and informal structures, became a focal point. The Women in Cinema Collective (WCC) emerged in 2017 in Kerala, following the shocking abduction and sexual assault of a prominent Malayalam actress. This incident galvanized women artists and technicians to form WCC, an organization dedicated to fighting for gender equality, safety, and justice within the Malayalam film industry. Their formation marked a significant moment, creating a platform for survivors and advocates to demand accountability from perpetrators and institutions. The WCC has since been a vocal critic of gender insensitivity and alleged inaction by industry bodies and the government.

**What Happened:**

The core of the controversy revolves around a molestation case against filmmaker Kunhi Muhammed. According to the WCC's allegations, the survivor of the alleged molestation had sent a detailed letter outlining the incident to the Chief Minister's office. The WCC, through a public Facebook post, claimed that despite the gravity of the complaint and the direct appeal to the highest executive office in the state, there was no direct response issued to the survivor. While the WCC acknowledged that certain steps might have been taken subsequently, the lack of a direct and empathetic response from the Chief Minister's office became a point of contention, suggesting a potential lapse in governmental responsiveness and victim support.

**Key Stakeholders Involved:**

1. **Women in Cinema Collective (WCC):** As an advocacy group, WCC plays a vital role in amplifying the voices of survivors and pushing for systemic change. Their public criticism serves to hold powerful institutions accountable and to mobilize public opinion.

2. **Kerala Government/Chief Minister's Office:** As the executive authority, the government is responsible for upholding law and order, ensuring justice, and providing a safe environment for its citizens. The alleged lack of a direct response raises questions about administrative efficiency, sensitivity to gender issues, and commitment to victim support.

3. **The Survivor:** The primary stakeholder whose experience of alleged molestation and subsequent quest for justice is at the heart of this issue. Their ability to access justice and feel heard by the system is paramount.

4. **Filmmaker Kunhi Muhammed:** The individual accused of molestation. The legal process against him will determine his culpability.

5. **Kerala Police and Judiciary:** These institutions are responsible for investigation, prosecution, and adjudication of the case, ensuring due process and delivering justice.

**Significance for India:**

This incident holds significant implications for India, particularly concerning gender justice, governance, and the role of civil society. Firstly, it underscores the persistent challenges faced by women in various workplaces, including the entertainment industry, where power dynamics can often be exploited. It highlights the continued need for robust mechanisms to prevent and address sexual harassment. Secondly, it critically examines governmental accountability and responsiveness. When a survivor directly approaches the Chief Minister's office, the expectation is a prompt, sensitive, and direct acknowledgment, if not immediate action. A perceived lack of such a response can erode public trust in governance and the state's commitment to protecting its citizens, especially the vulnerable. Thirdly, the WCC's intervention exemplifies the crucial role of civil society organizations in democratic societies. When state mechanisms are perceived to falter, these groups step in to advocate for justice, raise public awareness, and pressure authorities for action. This incident also reinforces the need for effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), even in informal or project-based work environments like film production.

**Historical Context and Constitutional Provisions:**

India has a history of women's movements pushing for legal reforms to ensure safety and equality. Landmark judgments like the Vishaka Guidelines (1997) laid the groundwork for policies against sexual harassment at the workplace, which later culminated in the POSH Act, 2013. The Nirbhaya incident of 2012 further accelerated discussions and led to significant amendments in criminal law. Constitutionally, this issue touches upon several fundamental rights. **Article 14** guarantees equality before the law and equal protection of the laws. **Article 15** prohibits discrimination on grounds of sex. Most importantly, **Article 21**, which protects the right to life and personal liberty, has been interpreted by the Supreme Court to include the right to live with dignity, free from sexual harassment. The alleged molestation falls under sections of the **Indian Penal Code (IPC)**, such as **Section 354 (Assault or criminal force to woman with intent to outrage her modesty)** and its sub-sections like **354A (Sexual harassment and punishment for sexual harassment)**. The alleged inaction by the government can be seen through the lens of its constitutional duty to protect these rights and ensure justice.

**Future Implications:**

This controversy is likely to intensify scrutiny on the Kerala government's handling of gender-related complaints and its broader commitment to women's safety. It could lead to increased demands for transparency and accountability in governmental responses to such sensitive issues. For the film industry, it will reiterate the ongoing need to establish and effectively implement Internal Complaints Committees (ICCs) as mandated by the POSH Act, ensuring safer working environments. The WCC and similar organizations will likely continue their advocacy, potentially pushing for more robust legal frameworks or stricter enforcement. Ultimately, the incident serves as a reminder that the fight for gender justice is an ongoing process requiring vigilance from civil society and proactive, sensitive governance from the state.