‘Pernicious form of social violence’: Kerala HC slams attempts to malign woman’s reputation
The Kerala High Court has observed that maligning a woman’s character without any evidence amounts to a “pernicious form of social violence”, while quashing an FIR registered against Malayalam actor Shwetha Menon.
The remarks were made by Justice C S Dias while setting aside the case filed against the actor for allegedly publishing or transmitting obscene scenes from her past films and advertisements.
The court said it found merit in Menon’s claim that the complaint appeared to have been filed to prevent her from contesting the president’s post in the Association of Malayalam Movie Artists.
“The timing of the filing of the complaint strongly indicates its mala fide and vexatious nature,” the court said while allowing her plea seeking quashing of the FIR.
Court criticises character attacks on women
The court strongly criticised attempts to tarnish the reputation of women in public life without any supporting evidence.
“To malign the character of a woman without any foundation or substance is a pernicious form of social violence, for while it is easily uttered, the stigma it leaves behind is often indelible.
“It is often said that when a woman attains name, fame, and recognition in public life, attempts to defeat her on the basis of reasons, logic, or merit may turn difficult. Then, social shaming is the frequently deployed weapon,” the court said in its March 11 order.
The bench further observed that societies should evaluate individuals based on their contributions rather than engage in character assassination.
“When a society focuses more on a woman’s image than her achievements, it exposes its own intellectual poverty,” the court said.
Allegations lacked evidence: court
The High Court noted that the complaint contained “sweeping and unsubstantiated allegations” without any material proof.
An FIR had been registered against Menon under Section 67 of the Information Technology Act, 2000 and provisions of the Immoral Traffic (Prevention) Act.
However, the court held that the allegations did not attract the offences cited in the complaint.
“The society that tolerates the vilification of a woman out of envy or malice is nothing but an embodiment of injustice,” the High Court said.
Case linked to AMMA election
The complaint was filed by Martin Menachery, who alleged that the actor had appeared in vulgar or obscene scenes in films such as Paleri Manikyam: Oru Pathirakolapathakathinte Katha, Rathinirvedham, and Kalimannu, as well as in an earlier condom advertisement.
Menon argued that the films mentioned in the complaint were certified by the censor board and have been publicly available for years.
She also noted that her performance in Paleri Manikyam had earned her the Kerala State Film Award for Best Actress.
The High Court had earlier stayed the proceedings in August last year and has now formally quashed the FIR. Menon later went on to be elected president of AMMA.
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