Kochi: The Kerala High Court on Thursday directed the state government to submit the complete Hema Commission report in a sealed envelope. Only the abridged version of the report comprising 233 pages was released to the public on Monday. The court also suo moto impleaded the Kerala State Women's Commission.
"What is the government planning to do about the cognizable offenses mentioned in the Hema Commission report?" the court asked while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders who committed sexual crimes against women in the Malayalam film industry.
The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in the Malayalam film industry. The report was published on August 19, 2024.
The Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu ordered:
"If any cognizable offence is disclosed in the committee, whether a criminal action is necessary or not is to be decided by this court. The 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. How to protect these vulnerable women and what action can be taken against the perpetrators of the crime is something that the court needs to address. Accordingly, we admit this writ petition and await government's stand on this. We also implead Kerala State Women's Commission suo moto in this matter. We also direct the government to make available the entire committee report in a sealed cover before this Court, only one copy." The court noted that the government could act in cases under the Protection of Children from Sexual Offenses (POCSO) Act.
The counsel for the petitioner submitted before the Court State has a responsibility to prosecute individuals who committed cognizable offences against women in the film industry based on the information disclosed in the Justice Hema Committee Report.
The counsel appearing on behalf of the State Government submitted that even the Government do not have details of witnesses or victims since the report was made confidential by the State Information Commission. It was submitted that the Justice Hema Committee was constituted to study the issues faced by women in the film industry and was taken to suggest measures, unlike a judicial commission.
