Kerala High Court directs state govt to produce full report of Hema Commission

Kerala High Court observes that if the Hema Commission report alleges a criminal offence, the court has to decide whether criminal action is necessary or not. | Photo Credit: RK Nithin

A Division Bench of the Kerala High Court on Thursday (August 22, 2024) admitted a Public Interest Litigation (PIL) seeking a direction to the Kerala government to initiate criminal proceedings against those who committed sexual exploitation and harassment of women in the film industry, as laid down by a Justice K. Hema committee. The court also directed the state government to submit the entire report of the committee.

The bench comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu observed that if a criminal offence is revealed in the commission’s report, the court must decide whether criminal action is necessary or not. The state government cannot proceed with the matter at this stage for the simple reason that no complaint has been filed by anyone. But the fact remains that the report reveals sexual exploitation and harassment of women.

“How these vulnerable women can be protected and what action can be taken against the perpetrators of the crime is something for the court to consider,” the court said, adding that it was awaiting the government’s position on this aspect.

Vulnerable section

The court said that serious issues had been highlighted in the report. The women who had testified before the commission wanted to remain anonymous. The report has highlighted cases of sexual harassment and exploitation of women working in the Malayalam film industry and some action needs to be taken. The government could not ignore the report. The parties who had testified before the commission were a vulnerable group who did not want to reveal the harassment in public. If the government did not take action, all efforts to set up the commission would be futile. Therefore, action needs to be taken to protect these vulnerable women.

Solicitor General K. Gopalakrishna Kurup submitted that there was nothing in the report that revealed the commission of any cognizable offences. Those who testified before the commission were assured of confidentiality. In fact, it was after much persuasion and repeated notice that these women appeared and testified before the commission. Those who wanted to prosecute the perpetrators could approach the police or the courts. In fact, the persons who testified before the commission had not so far approached the government to initiate criminal proceedings against the perpetrators of such crimes.

He also stated that the committee was set up to investigate the issues faced by women in the film industry and that it was not a legal committee.

The court also summoned the Kerala Women’s Commission as a defendant in the case.

The petition, filed by Navas from Thiruvananthapuram, also sought a direction to the state government to publish the uncensored report of the Hema committee and called for all documents to be submitted to the committee.

According to the petitioner, the commission’s report revealed incidents of sexual abuse, rape and discrimination faced by women working in the film industry. He points out that the state is the prosecuting authority and therefore it is the duty of the state government to register suo motu cases if a criminal offence is committed by a person.