‘Silence is not an option’: Kerala HC slams Pinarayi govt for inaction on Hema committee report

The Kerala High Court on September 10, 2024, criticized the state government for its inaction on the Justice Hema Committee report, which revealed widespread sexual harassment in the Malayalam film industry. Despite receiving the report in 2019, the Left Front government had not taken any significant action, including registering FIRs, in the past four years, prompting a strong response from the court.

A special bench comprising Justices AK Jayasankaran Nambiar and CS Sudha questioned the Pinarayi Vijayan government’s delay in addressing the issues raised in the report. The court directed the state to hand over the unredacted version of the report to the Special Investigation Team (SIT), which was formed last month amid mounting pressure after the release of the redacted report.

The court highlighted its concerns over the government’s lack of urgency in acting on the report, which was submitted by the Hema Commission on December 31, 2019. The commission was set up in 2017 after a prominent Malayalam actress was abducted, assaulted and filmed, with actor Dileep allegedly orchestrating the attack. The commission was tasked with investigating the working conditions of women in the industry. The report detailed systematic exploitation and bias, but was largely ignored by the government.

During a hearing on a Public Interest Litigation (PIL), the court expressed surprise at the state’s inaction and stated: “You’ve done nothing but sit on the report card for four years.” The judges stressed that the state “has no option to remain silent” and questioned why no action had been taken despite the serious allegations outlined in the report. They also pointed to the gap between the number of cases filed after the report was published and the report itself, and questioned why no cases were filed based on its findings.

The court further noted that many of the issues raised in the report, such as pre-production exploitation, do not fall under the Prevention of Sexual Harassment at Workplace (POSH) Act. The court urged the government to consider new legislation to address such cases. The court suggested that non-criminal disputes, such as those relating to gender discrimination among make-up artists, could be resolved through mediation or arbitration.

Furthermore, the court directed the SIT to file a status report and warned against revealing sensitive details during press conferences or to the media, to avoid a ‘media trial’. However, the court did not impose a gag order, but emphasised that the media must behave responsibly and respect the privacy of individuals.

The Justice Hema Committee report was kept confidential for five years, with parts of it not made public until August 2024. The 63-page redaction, reportedly to protect the privacy of those named, has led to accusations that the government is trying to protect the accused by withholding more information than necessary. The court’s strong rejection of the government’s report reflects growing criticism over the delay in taking action in such serious cases.

The Kerala government is now under mounting pressure to take action on the report’s findings and ensure justice for victims of harassment in the Malayalam film industry.

(With input from OpIndia)

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