Kerala HC asks govt to furnish full report in sealed envelope

The Hema Commission headed by Justice K. Hema was formed to address the issues faced by women in the Malayalam film industry following a 2017 sexual abuse case involving actor Dileep.

The case, in which an actress was kidnapped and abused by multiple suspects, including Dileep, has been ongoing since then. The report, filed in 2019, was not released earlier due to its sensitive content.

According to the report, the Malayalam film industry is denying opportunities to those who are not willing to “cooperate” and provide sexual favours. There is a general perception that actresses are here to make money and will therefore sleep with anyone.

Several women have indicated that when they go looking for work somewhere, they are often accompanied by their parents or relatives, because the demand for sex is often accompanied by an offer of work.

The High Court’s intervention comes amid growing calls for criminal action against those responsible for the violations detailed in the report. The case, initiated by petitioner Navas Paichira, is scheduled for a hearing on September 10.

A day after the Hema Commission report was released on August 19, Kerala Chief Minister Pinarayi Vijayan announced that the government would not launch any investigations. The decision was widely criticised.

Vijayan said his government would not act independently against film personalities identified as sexual predators by women in the Malayalam film industry, but would protect the confidentiality of the testimonies. However, he said if any woman who testified came forward with a complaint, the government would take appropriate action.

The applicant’s lawyer argued that the state has a responsibility to prosecute based on the report’s findings, while the state government’s lawyer countered that the confidentiality of the report limited access to details of witnesses and victims. The report was intended to recommend measures rather than function as a judicial commission.