Kerala HC demands full submission of Hema report

Thiruvananthapuram: In a major development, the Kerala High Court on Thursday directed the state government to submit the entire report of the Hema Commission in a sealed envelope.

The court made the order during a hearing of a Public Interest Litigation (PIL) case seeking to initiate criminal proceedings against the offenders named in the full report.

A 233-page, condensed report was released on Monday, exposing abuse, widespread sexual harassment, inhuman treatment and inadequate facilities for women in the Malayalam film industry.

The Supreme Court division said it would decide whether criminal prosecution is warranted if the commission uncovers offenses that could be considered criminal.

Currently, the government cannot take action in this case as no formal complaints have been received.

However, the report reveals cases of sexual exploitation and harassment of women. The protection of these vulnerable women and legal action against the perpetrators of these crimes are issues that need to be addressed by the court.

“Accordingly, this petition is allowed and we await the stand of the government. The Kerala State Women’s Commission has been suo motuly charged in this case. We further direct the government to submit the entire report of the commission in a sealed envelope before this court, limited to one copy,” the court said.

The government has told the court that it is prepared to take action against offenders after receiving a formal complaint. However, the court noted that the government has the power to act in cases under the Protection of Children from Sexual Offences (POCSO) Act.

The Hema Committee, headed by former judge K. Hema, was formed in response to the sexual assault on a female actor in a moving car in Kochi, Kerala, in 2017. Although the committee submitted its inquiry report to the Kerala government in 2018, the report has not been published.

Earlier this year, the State Information Commission (SIC) ordered the report to be released to applicants, stipulating that names and identifying details of survivors be blacked out.

Opposition leader criticizes CM

Opposition leader VD Satheeshan has criticised Chief Minister Pinarayi Vijayan and accused him of cheating over the delayed publication of the Hema Commission report, citing a 2020 letter from Justice Hema. He alleged that the Chief Minister committed an offence by not taking legal action against the persons named in the report.

Satheesan alleged that Justice Hema was merely seeking compliance with the Supreme Court’s directive to keep the identities of the victims confidential, without restricting the release of the report. He accused the Prime Minister and the two successive ministers of culture of committing a criminal offence by failing to take action after receiving the report.

According to Satheesan, Pinarayi did not expect that Judge Hema’s letter would be made public, which prompted him to lie. The opposition leader demanded an apology.

On August 20, Prime Minister Pinarayi Vijayan explained that the Hema Commission report was not released earlier because Justice Hema had requested on February 19, 2020, to keep the report confidential due to references that could harm the privacy of many individuals.