Kerala HC accepts PIL for criminal case over findings of Hema commission report; raises questions over Vijayan govt’s inaction-Telangana Today

After accepting the PIL in their file, the court directed the government to file a detailed affidavit on their positions, hand over the entire Hema Commission report in a sealed envelope and sue the Kerala State Women’s Commission.

Kochi Islands: The Kerala High Court on Thursday allowed a PIL seeking registration of a criminal case based on the findings of the Hema Commission on the conditions and sexual exploitation of women in the Malayalam film industry. The court has come down heavily on the Vijayana government for suppressing the report for so long.

The court wondered why the report received by the Vijayawada government in 2019 should be kept without follow-up.

After accepting the PIL in their file, the court directed the government to file a detailed affidavit on their positions, hand over the entire Hema Commission report in a sealed envelope and sue the Kerala State Women’s Commission.

In the PIL, the applicant noted that it is strange that the state government has not taken any action on the report, even though the report has been with them since 2019.

The petitioner further alleged that the State government failed to register a case based on the Hema Commission report. The Division Bench comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said, “If a criminal offence is revealed in the commission, this court has to decide whether criminal action is necessary or not. The government cannot proceed with this case at this juncture for the simple reason that no one has filed a complaint. 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 that the court has to address. Therefore, we admit this petition and await the government’s stand on this.”

The court also pointed out that the problem was that the parties wanted to remain anonymous and that they were a vulnerable group of women who did not want to talk about the harassment in public. The court further stated that this problem needed to be addressed and that measures needed to be taken to protect these vulnerable women. The court then set the case for September 10.

Meanwhile, Opposition Leader VD Satheesan reiterated that the Vijayawada government is protecting the accused who are behaving like villains against the female actors. He also criticised the Vijayawada government’s decision to organise a film conference to discuss the issues.

“What is the use of this conclave when the accused and victims will sit together? If such a conclave is held, the opposition will strongly prevent it,” Satheesan said.

Differences have emerged in Vijayan’s cabinet after state finance minister KN Balagopal said the state government may take action based on the report. However, CM Vijayan and state films minister Saji Cherian differed in their views.

“Now that the court has examined the report, we will wait for that and leave all other matters aside,” Cherian said.

The Association of Malayalam Movie Artists (AMMA) has remained stoically silent on the report. Sources said the association would hold a special meeting of its executive committee to discuss the explosive report.