Kochi: The Kerala High Court has strongly criticised the state government's inaction following the submission of the Hema Committee report. The court questioned why no action had been taken despite the report being handed over to the state police chief in 2021.
The special bench of the High Court, consisting of Justice AK Jayasankaran Nambiar and Justice CS Sudha, on Tuesday began proceedings to consider six petitions related to the Hema Committee report. During the hearing, the court expressed shock over the government's inaction in the matter for three years. It noted that the report includes facts that warrant the registration of rape and POCSO cases.
“Why is the State Government inactive or silent from 31.12.2019 to now. We are curious, rather, we are surprised or taken aback by the inaction on the part of the statement government.
In our view, the bare minimum was expected of the state government when it received the report, or at least when the DGP was given a copy in 2021; we are in 2024. And the state government has done nothing…One thing is assuring confidentiality of women who may have given the statements, we understand that. You may also have to assure confidentiality about so called persons who have been named in the statements having committed the offence. They do have the right to privacy and reputation, but when the state government is confronted or told that practices which are derogatory to women exist in the society, what is the bare minimum that you should do?”
It added, "Why do you say registration of crime is not done when several offences are narrated in the report? Prima facie offences under IPC and POCSO Act are made out. Report prima facie shows many offences, not just sexual offences but about remuneration etc. You can take action, and if the victim does not want to prosecute, then that is alright. But why cannot an investigation be started?" the court said.
SIT to review complete report
The court has directed that the special investigation team (SIT) investigating cases related to the Hema Committee report and the allegations that have surfaced since its release review the complete report. The full report must be handed over to the SIT, and the team must submit a report on the actions taken, it said. The court added that the process should not be rushed and stated that the decision to file an FIR can only be made after thoroughly reviewing the report.
The government had submitted the complete report of the Hema Committee in a sealed cover to the court on Tuesday. Earlier, the Division Bench had directed the government to submit the report in a sealed cover and inform its stance on the matter.
Media trial
The court has also orally cautioned against media trial, adding that it is not issuing any formal gag order. It said the media will act responsibly and it should not put any pressure on the SIT to act in haste, as it might trample the investigation and affect the rights of the people involved.
Further, the Court said that there should be restraint and caution from the side of the officers so that the privacy of both parties- accused and victims are protected. The matter will now be heard on October 3.
Petitions
One of the petitions being considered by the special bench is a public interest litigation (PIL) filed by Payichara Navas. The plea requests that the government initiate criminal proceedings against those mentioned in the report for sexual offences and asserts that the State is responsible for prosecuting individuals who commit cognizable offences. Actor Ranjini has also requested the court to include her as a party in the PIL.
The bench will also review appeals filed by producer Sajimon Parayil against the release of the report, a PIL filed by women advocates A Jannath and Amrutha Premjith demanding a CBI investigation into the crimes mentioned in the report, and petitions filed by TP Nandakumar and former MLA Joseph M Puthussery.
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 released five years after its submission on August 19, 2024. The Committee's study revealed that women in the film industry face numerous issues, including sexual demands, sexual harassment, gender discrimination, lack of safety in the workplace, insufficient basic facilities and wage disparities.