Kerala govt will not investigate crimes mentioned in Hema Commission report without complaint: CM

Kerala Chief Minister Pinarayi Vijayan has categorically stated that his government will not initiate action against harassment and sexual assaults faced by women in Malayalam films as mentioned in the Hema Commission report.

Nonetheless, the Chief Minister said that the government would step in to take appropriate action if any woman who had testified before the Commission was willing to come forward with a complaint. "Let there be no doubt that even the mightiest, if he had committed a crime, would be brought to book," the CM told reporters on Tuesday.

However, the chief minister refused to have his government intervene in matters of 'equal pay' and ensuring amenities for women in Mollywood. He has urged the industry to deliberate its issues at a conclave and come out with solutions. He also refuted the allegation that his government sat over the report that was tabled in 2019. He said it was Justice Hema herself who requested the report to be kept confidential due to the sensitive nature of testimonies mentioned in it.

"The state government made no attempts to bury the report," the chief minister said at a press conference. "On Feb 19, 2020, Justice Hema herself gave a letter to the state government saying the report must not be published due to privacy issues as it has testimonies of several women."

He quoted a passage from Justice Hema's letter: "We have been following the principles laid down by the Supreme Court in various decisions, in keeping the matter extra confidential it would also take the liberty to alert you to follow these principles before parting with the report to anybody in a routine manner."

Further, the sensitive nature of the report was the reason the State Information Commission rejected RTI requests in 2020, said Pinarayi. "The report was kept confidential on the basis of Justice Hema's letter."

The chief minister has specified that the state police cannot take suo moto cognizance of the various crimes because "Justice Hema Committee has not recommended taking a case on any matters mentioned in the report".

"It has been specified that the details of individuals who testified must be kept confidential," Pinarayi added. He drew attention to the state police's intervention in the 2017 actor assault case that led to the institution of the Hema Commission.

On equal pay
"There are certain natural difficulties in introducing equal pay. The payment to professionals varies from person to person. Though one can hope for equal pay for a beginner and a professional in the industry, there are practical difficulties. Moreover, bringing in unnecessary guidelines will not benefit films," the chief minister said. "Film organisations must take the initiative to give decent pay for those part of the industry."

He said while alcohol and drug use must be stopped and the same goes for sexual assault, the state government has limitations in intervening in other matters such as "introducing e-toilets, secure changing rooms and safe travel and accommodation of women in films".
"The state government alone cannot make decisions on these matters. A conclave to discuss issues in the industry can take this up," Pinarayi said.

'Predators won't be spared'
The chief minister said that though the Hema Commission report was damning, one shouldn't undermine the movie industry. "Do not judge the Malayalam film industry that has a 94-year legacy on the basis of the Hema Commission report. A screenplay might portray villains, but the industry shouldn't have villains.
"This government will not spare predators," he said.

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