Kerala High Court directs State govt to produce entire Hema Committee report

Kerala High Court admits PIL on sexual exploitation in film industry, awaits government action on protecting vulnerable women and directs State govt to produce entire Hema Committee report

A Division Bench of the Kerala High Court on Thursday (August 22, 2024) admitted a public interest litigation (PIL) seeking a directive to the Kerala government to initiate criminal proceedings against those who had committed sexual exploitation and harassment of women in the film industry as found by the Justice K. Hema Committee. The court also directed the State government to produce the entire report of the committee before it.

The Bench comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu observed that if any cognizable offence is disclosed in the committee report, whether a criminal action is necessary or not is to be decided by the court. The State government is, as of now, unable to proceed in this matter for the simple reason that no one has come forward with a complaint. But the fact remains that 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 court said, adding that it is awaiting the government’s stand on this aspect.

The court said serious issues had been highlighted in the report. The women who had deposed before the committee wanted to maintain anonymity. The report indicates instances of sexual harassment and exploitation of women working in the Malayalam film industry and some measures have to be taken. The government could not ignore the report. The parties who deposed before the committee were a vulnerable section who do not wish to disclose about the harassment in public. If the government did not take any action, all exercise done to constitute the committee would become futile. Therefore action need to be taken to protect these vulnerable women.

Advocate General K. Gopalakrishna Kurup submitted that there was nothing in the report which disclosed commission of any cognisable offences. Those who deposed before the committee had been assured of confidentiality. In fact, it was after much persuasion and issuing repeated notice that these women had appeared and deposed before the committee. The persons who wanted to prosecute the perpetrators could approach the police or courts. In fact, the persons who deposed before the committee had no so far approached the government seeking to initiate criminal action against the perpetrators of such crimes.

He also submitted that the committee was constituted to study the problems faced by the women working in the film industry and and that it was not a judicial commission.

The court also impleaded Kerala Women’s Commission as a respondent in the case.