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Kerala High Court directs State govt to produce entire Hema Committee report
Court admits public interest litigation for registering criminal cases for sexual exploitation and harassment of women in film industry
Kerala High Court Division Bench observes that if any cognizable offence is disclosed in the Hema committee report, whether a criminal action is necessary or not is to be decided by the court.
| Photo Credit: R.K. Nithin
A Division Bench of the Kerala High Court on Thursday (August 22, 2024) admitted a public interest litigation (PIL) seeking a directive to the Kerala government to initiate criminal proceedings against those who had committed sexual exploitation and harassment of women in the film industry as found by the Justice K. Hema Committee. The court also directed the State government to produce the entire report of the committee before it.
The Bench comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu observed that if any cognizable offence is disclosed in the committee report, whether a criminal action is necessary or not is to be decided by the court. The State government is, as of now, unable to proceed in this matter for the simple reason that no one has come forward with a complaint. But the fact remains that the report discloses sexual exploitation and harassment of women.
Watch: What the Hema Committee report says about the Malayalam film industry
“How to protect these vulnerable women and what action can be taken against the perpetrators of the crime are something that the court needs to address,” the court said, adding that it is awaiting the government’s stand on this aspect.
Vulnerable section
The court said serious issues had been highlighted in the report. The women who had deposed before the committee wanted to maintain anonymity. The report indicates instances of sexual harassment and exploitation of women working in the Malayalam film industry and some measures have to be taken. The government could not ignore the report. The parties who deposed before the committee were a vulnerable section who do not wish to disclose about the harassment in public. If the government did not take any action, all exercise done to constitute the committee would become futile. Therefore action needs to be taken to protect these vulnerable women.
Also read: Justice Hema Committee report: A timeline of events so far
Advocate General K. Gopalakrishna Kurup submitted that there was nothing in the report which disclosed commission of any cognisable offences. Those who deposed before the committee had been assured of confidentiality. In fact, it was after much persuasion and issuing repeated notices that these women had appeared and deposed before the committee. The persons who wanted to prosecute the perpetrators could approach the police or courts. In fact, the persons who deposed before the committee had not so far approached the government seeking to initiate criminal action against the perpetrators of such crimes.
He also submitted that the committee was constituted to study the problems faced by the women working in the film industry and that it was not a judicial commission.
The court also impleaded Kerala Women’s Commission as a respondent in the case.
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The petition, filed by Navas from Thiruvananthapuram, also sought a directive to the State government to produce the uncensored Hema Committee report and called for the production of all the records with the committee.
According to the petitioner, the report of the committee revealed incidents of sexual molestation, rape and discrimination faced by women working in the film industry. He pointed out that the State is the prosecuting authority and therefore it is the duty of the State government to register suo motu case if any cognizable offence is committed by any person.
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