Slamming the Kerala government for not taking any action so far on the Hema Committee report on the problems faced by women in the Malayalam film industry, a Division Bench of the Kerala High Court on Tuesday (September 10, 2024) directed the government to hand over the entire report of the Hema Committee to the special investigation team (SIT) and file a report as to what action can be taken on the basis of it.
A Special Bench comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha passed the directive when a few public interest litigations filed in connection with the Hema Committee report came up for hearing.
The Bench directed the SIT to state in the report whether any cognizable offences had been identified or not and what actions could be taken. The court added that the committee report produced by the Advocate General would be opened only after the receiving the report and that the court would then examine if the SIT’s action or inaction is justified.
Audio and video recordings
The court also ordered that the audio and video recordings which were part of the report can be handed over to the SIT.
The court orally observed that it was “taken aback by the alarming inaction” on the part of the Kerala government in not taking any action on the report. The court said though the report was filed in 2019, no action has been taken based on it.
“When the report revealed such a malady in the system, what is the bare minimum that the State government should have done? What are you doing to address the problems faced by women in society, not just in the film industry? The situation is bad, especially in a State like ours, which has a higher population of women. When the majority in the population was facing problems, why are you keeping mum?” the court asked.
The court also asked why registration of crimes was unnecessary when the report narrates several offences. “Prima facie offences under the IPC and POCSO Act are made out. Why has no action been taken?” the court asked.
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Advocate General’s contention
The Advocate General submitted that the report only narrated instances and did not reveal the identities of the victims or perpetrators, nor did it specify the time or place of the incidents. The committee had specifically recommended that the report should not be published and it sent a letter to the Cultural Affairs department directing it to keep the report confidential, as it contained details of sexual assault, harassment, and abuse disclosed by women in privacy during in-camera proceedings.
He submitted that no crime had been registered based on the report as it only narrated the instances of incidents and the victims were assured of confidentiality by the committee.
Published - September 10, 2024 12:40 pm IST
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