Hema Committee report: Kerala High Court to form Special Bench of women judges to hear petitions

Kerala High Court forms Special Bench of women judges to address public interest petitions following Hema Committee report.

The Kerala High Court will constitute a Special Bench consisting of two women judges for hearing public interest litigations (PIL) filed following the publication of the Hema Committee report on the issues faced by women working in the Malayalam film industry.

When an appeal filed by Sajimon Parayil, a producer, challenging the single judge’s order that upheld the State Information Commission’s (SIC) directive to release the Hema Committee report with redacted version, the Bench comprising Acting Chief Justice Chief Justice A. Muhamed Mustaque and Justice S. Manu told the counsel for the producer that the court will form a Special Bench for considering all the petitions filed in the wake of making the report public.

The Bench had earlier directed the Kerala government to produce the entire report of the Hema Committee before the court when a public interest litigation seeking a directive to the State government to initiate criminal proceedings against those who had committed sexual exploitation and harassment of women in the film industry as found by the Hema Committee.

The Bench had then observed that if any cognizable offence is disclosed in the report, whether a criminal action is necessary or not is to be decided by the court.

The court had said the State government is, as of now, is unable to proceed in this matter for the simple reason that no one has come forward with a complaint. But the fact remains that if the report discloses sexual exploitation and harassment of women, how to protect these vulnerable women and what action can be taken against the perpetrators of the crime is something that the court needs to address, the Bench had added.

Another public interest petition seeking a CBI probe into the revelations of sexual harassment reportedly made in the Hema Committee report is also pending before the court. The petition filed by Jannath and another person sought a directive to the State government to enact a law for the protection of women in cinema based on the recommendations of the Hema Committee report.

The petition alleged that the government is reluctant to register crimes based on the revelations in the report. It also pointed out that the perpetrators of sexual harassment and sexual assaults are people with high political influence and, therefore, it created an apprehension in the minds of the people that such persons may be unfairly protected and that an impartial investigation will not be conducted by the police.