Kerala HC slams Vijayan govt for sitting on Hema panel report

The Kerala High Court on Tuesday gave a dressing down to the Pinarayi Vijayan government for its inaction on the Justice K Hema Committee report on working conditions of women in the Malayalam film industry which highlighted the sexual abuse suffered by actresses. 

It was on Thursday that the Division Bench, headed by Acting Chief Justice, A Muhamed Mustaque set up the Special Bench comprising of Justices AK Jayasankaran Nambiar and CS Sudha, to hear the petitions pertaining to the Malayalam film industry.

“Why was the state government inactive till now even though it got the report in 2019?" Justice Nambiar asked.

Advocate General (AG) Gopalakrishna Kurup replied that this was because the committee had recommended that the report should not be published.

The court remarked, "When the report revealed such a malady in the system, what is the bare minimum that the state government should have done? We are taken aback by the lack of action by the state government.

“It is one thing to assure the confidentiality of the women who spoke to the committee and even those who have been accused may have the right to privacy. But when such issues are revealed in the report, shouldn't there be some action from the government? ... Why has the government done nothing till now? ... It is obligatory for the state to act on this. Silence is not an option."

The Bench further added that it was not just about the film industry but also about the discrimination and harassment faced by women in society.

“What are you doing to address the problems faced by women in society? The bias against women in society is historic, knowingly or unknowingly. That is the mindset that has to change but that can only happen by citizens making the change internally," Justice Nambiar remarked.

The unredacted copy of the report was handed over to the court.

The Bench expressed that its main concern lay in the state's failure to take any action on the information given in the report.

"We are primarily concerned with the inaction of the state government including not registering FIRs. You had the report, you had information. You entrusted the report to the DGP in 2020 but the DGP did nothing?" the court asked.

"The report only narrates the events that have taken place. No particulars are included in the report. These are statements made to the committee on the solemn assurance that no details would be revealed," AG Kurup explained.

Justice Sudha replied, “You could take necessary action on the offences revealed in the report. And if the victim or survivor is not interested in prosecuting the case, you can drop it. But at least some action should be taken."

The court then asked the state whether it has taken any measures to implement the suggestions made by the committee.

Though the AG replied that the state had taken some steps, the court was not convinced.

"What action? You have done nothing in four years except sit on the report," Justice Nambiar observed.

The court proceeded to order the state to hand over an unredacted copy of the report to the Special Investigation Team (SIT) that is probing the sexual crimes that have been reported recently.

“We want a report after Onam vacation on what cognisable offences are revealed and what action has been taken. Then we will open the sealed cover and see if the SITs action or inaction is justified," the court added.

The court also pointed out that the SIT should not be pressured to act in haste and that there should be no media trial in the matter and the SIT should refrain from revealing details to the Press.

"No press conferences from the SIT. No media trial in this case. We are not saying the Investigating Officers shouldn't talk to the Press but that they shouldn't reveal any details," Justice Sudha said.

“We don't think there is any necessity to issue any gag order to the media. The media can be responsible. The caveat is there should be no pressure on the SIT to act in haste. If you act in haste, there is likely to be a trampling of the rights of the accused and the victims.

“We can only express our hope that the media will exercise restraint. We will wait and see. No gag order for the media now ... It is not just courts who have to protect the fundamental rights. The state also has a duty. Even the media has a duty to respect the right to privacy of individuals," Justice Nambiar said.

The Justice Hema Committee was set up by the Kerala government in 2017 and the report was submitted to the state government in 2019 but it was after a long-drawn legal battle that the report was finally released on August 19, leading to numerous former actresses opening up with allegations of sexual harassment by several prominent industry figures.

Based on the complaints, the Kerala Police has so far registered FIRs against 11 people, including 10 from the film industry.

Those who are in the dock include actor-turned-CPI(M) legislator Mukesh Madhavan, Nivin Pauly, Siddique, Jayasurya, Edavela Babu, Maniyanpilla Raju, directors Ranjith and Prakash, and production executives Vichu and Noble.

Mukesh, Ranjith, and Raju have, by now, secured relief from the court