HEMA COMMISSION REPORT

Hema Commission report: Why was Kerala police hesitant to initiate action against offenders?

Thiruvananthapuram: Whether or not the recommendations of the Justice Hema Committee report are accepted, the government is obligated to investigate its findings, even without a formal complaint, as there are testimonies related to crimes including sexual harassment. The Hema Committee was appointed through an order by the state government under the authority vested in it by Article 162 of the Constitution. Therefore, the legal validity of the committee and its report cannot be questioned. It is the government's responsibility to examine, through legal channels, the testimonies presented before the committee, including those regarding sexual harassment.

While State Cultural Affairs Minister Saji Cheriyan continues to reiterate that the government has nothing to hide in relation to the Hema Committee report, the question of what investigation has been conducted into the testimonies remains unanswered. According to Manorama News, though the report was handed over to the then State Police Chief Lokanath Behera when the report was first submitted to the government, no action was taken following this. The police department were of the view that no action can be taken without a formal complaint as there were no specifics on the sexual abuse. Though non-related parties have approached the department for action against assaulters after the release of the report, the police stood firm on their view that a case will be filed only if the affected party approaches them. 

The panel said even though many sexual acts committed against women in cinema come under the IPC and under the definition of the Sexual Harassment of Women at Workplace (Prevention, prohibition and redressal) Act (POSH), the women who suffered the atrocities prefer to keep silence. The report has categorically mentioned that the police should register FIRs against crimes that are being committed in the industry, and many are not coming out fearing for their lives.

The much-awaited report on harassment faced by women in Malayalam cinema industry has recorded explosive accounts of harassment, exploitation and ill-treatment of the female professionals, and has alleged that a "criminal gang" was controlling the industry where unyielding women are squeezed out. The panel report also alleged there was a "power nexus" consisting of a handful of producers, directors, actors and production controllers.

The main report consisted of 296 pages. Of these, clauses 48 and 49, as well as clauses 165 to 169, were removed on the grounds of affecting privacy. In addition, 61 pages were omitted in various sections after a review by the Department of Culture. It has been stated that these were removed respecting individuals' privacy and personal security.

The Kerala government constituted the panel after the 2017 actress assault case involving actor Dileep to study issues of sexual harassment and gender inequality in Malayalam cinema.

The report released on Monday sheds light on the widespread and persistent sexual harassment faced by women in the Malayalam cinema industry, with many alleging they were subjected to unwanted advances even before commencing work. The women actors who are ready to compromise are given code names, and those who are not ready to yield are pushed out of the field, as per the report. The report highlighted the widespread nature of the issue, sparking concerns about the safety and well-being of women in the industry.

"It has come out in evidence that certain men in cinema, who are well-known and well-reputed for their ability as artist, director or whoever he be in the film industry have shocked certain women in cinema by sexual harassment and physical advances made by them towards them," the expert panel report said.

The copy of the report was given to the media under the RTI Act after five years of its submission to the government. In a series of shocking and shameful revelations, the report stated that female actors faced harassment, including instances where the doors of their rooms were knocked on by intoxicated individuals in the film industry. Many of them, who suffered sexual harassment, were reluctant to complain about this to the police due to fear, it said. The commission said it was "shocked to hear the sexual harassment stories" revealed to it by women working in the Malayalam film industry.

The panel said even though many sexual acts committed against women in cinema come under the IPC and under the definition of the Sexual Harassment of Women at Workplace (Prevention, prohibition and redressal) Act (POSH), the women who suffered the atrocities prefer to keep silence. The report has categorically mentioned that the police should register FIRs against crimes that are being committed in the industry, and many are not coming out fearing for their lives.

The publication of the report, initially scheduled for July 24, was put on hold by the Kerala High Court following a plea from a Malayalam film producer. The court later dismissed the plea on August 13 and directed the government to release the report within a week.

However, the publication was delayed again due to a plea from an actress, which was heard by the High Court on Monday. The government finally released the report on Monday evening.

Cultural Affairs Minister Saji Cheriyan said the government has taken note of the findings and recommendations of the Justice Hema Committee. The government would convene a cinema conclave in the next two months to discuss and resolve the issues in the film industry, he said.

The opposition Congress expressed shock over the findings of the committee and sought to know whom the government tried to protect by keeping the report without releasing it.

Actor Siddique, who is also the president of actor outfit AMMA, said they would study the report in detail and take necessary steps to address the issues.

Women in Cinema Collective, an outfit of women professionals in the industry, expressed happiness over the releasing of the report and thanked the panel members, media, women organisations and the lawyers.