Adv. Divya R, Chief Research & Development Officer, was invited to speak at the Solidarity Meet organised by the NLS Legal Aid Society on 20 December 2025, convened in the context of the recent judgment in the sexual assault case involving a Malayalam film actress. While the verdict resulted in the conviction of some accused and the acquittal of one, the case has drawn significant concern for the manner in which the survivor was subjected to prolonged and invasive cross-examination during trial, raising serious questions about survivor dignity within criminal justice processes.
In her address, Adv. Divya R reflected on the findings of the Justice Hema Committee, constituted in the aftermath of the incident, which exposed systemic issues within the Malayalam film industry. These included unsafe working conditions, absence of formal grievance redressal mechanisms, and the widespread prevalence of sexual harassment and exploitation enabled by entrenched power imbalances and fear of retaliation.
She also spoke on the applicability of the POSH Act, 2013 to the film and creative industries, emphasising that film sets, production units, and project-based engagements clearly fall within the statutory definition of a “workplace.” She referred to the Kerala High Court’s decision in Women in Cinema Collective v. State of Kerala (2022), which affirmed the existence of an employer–employee relationship within film production units for the purposes of POSH compliance.
Drawing from her experience as an External Member on Internal Committees, Adv. Divya R highlighted recurring concerns in workplace inquiries, including subtle victim-blaming, misplaced focus on a complainant’s conduct rather than the alleged misconduct, and institutional tendencies to shield senior or influential respondents. She underscored that procedural compliance without fairness, neutrality, and sensitivity undermines both the intent of the POSH Act and the credibility of inquiry processes.
Concluding her address, Adv. Divya R emphasised the ethical responsibility of legal practitioners to ensure that advocacy does not translate into re-traumatisation. She reiterated that justice is not defined solely by outcomes, but by the integrity, dignity, and fairness of the processes through which it is pursued.
📹 𝐒𝐡𝐚𝐫𝐢𝐧𝐠 𝐚 𝐜𝐥𝐢𝐩 𝐟𝐫𝐨𝐦 𝐀𝐝𝐯. 𝐃𝐢𝐯𝐲𝐚 𝐑’𝐬 𝐬𝐩𝐞𝐞𝐜𝐡 𝐚𝐭 𝐭𝐡𝐞 𝐒𝐨𝐥𝐢𝐝𝐚𝐫𝐢𝐭𝐲 𝐌𝐞𝐞𝐭.
