Kerala HC accepts PIL for criminal case on Hema Committee Report findings; questions inaction of Vijayan govt

After accepting the PIL in their file, the Court directed the government to file a detailed affidavit on their views, to hand over the full report of the Hema Committee in a sealed cover and to implead the Kerala State Women's Commission

Kochi: The Kerala High Court on Thursday admitted a PIL for registering a criminal case on the findings of the Hema Committee on the condition and sexual exploitation of women in the Malayalam film industry, coming down heavily on the Vijayan government for sitting on the report for long.

The Court asked what was the need for keeping the report received by the Vijayan government in 2019 without any follow-up.

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After accepting the PIL in their file, the Court directed the government to file a detailed affidavit on their views, to hand over the full report of the Hema Committee in a sealed cover and to implead the Kerala State Women’s Commission.

In the PIL, the petitioner pointed out that it was strange that the state government failed to act on the report despite keeping it with them since 2019.

The petitioner further said the state government failed to register a case based on the Hema Committee report. The Division Bench comprising Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said, “If any cognizable offence is disclosed in the committee, whether a criminal action is necessary or not is to be decided by this court. The 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. Accordingly, we admit this writ petition and await the government’s stand on this.”

The court also pointed out that the issue was that parties want to maintain anonymity and they are a vulnerable section of women who do not wish to disclose about the harassment in public. It further stated that this issue has to be addressed and actions need to be taken to protect these vulnerable women. The court then posted the case on September 10.

Meanwhile, Leader of Opposition V.D. Satheesan reiterated that the Vijayan government was protecting the accused who acted as villains against the women actors and slammed the decision of the Vijayan government to host a film conclave to discuss the issues.

“What’s the use of this conclave when the accused and victims will be sitting together? If such a conclave is held, the opposition will strongly prevent it from taking place,” said Satheesan.

Differences of opinion have surfaced in the Vijayan cabinet after State Finance Minister K.N. Balagopal said the state government could take action based on the report while CM Vijayan and state Minister of Films Saji Cherian differed.

“Now with the court looking into the report, we will wait for it and leave out all the other things,” said Cherian.

The Association of Malayalam Movie Artists (AMMA) continued its stoic silence on the report. Sources said the association was to hold a special executive committee meeting to discuss this explosive report.