The Kerala High Court on 10 September 2024 criticized the state government for its inaction on the Justice Hema Committee report, which revealed widespread sexual harassment in the Malayalam film industry. Despite receiving the report in 2019, the Left Front government had not initiated any significant action, including registering FIRs, over the last four years, prompting a strong response from the court.
A special bench comprising Justices A.K. Jayasankaran Nambiar and C.S. Sudha questioned the Pinarayi Vijayan government’s delay in addressing the issues raised by the report. The court directed the state to hand over the unredacted version of the report to the Special Investigation Team (SIT), which was formed last month under mounting pressure following the publication of the redacted report.
The court highlighted its concerns over the government hesitating to act on the Hema Committee report, which was submitted on 31 December 2019. The committee was formed in 2017 after a prominent Malayalam actress was kidnapped and assaulted and filmed, with actor Dileep allegedly orchestrating the attack. The committee was tasked with investigating the working conditions of women in the industry. The report detailed systemic exploitation and bias but remained largely ignored by the government.
In a public interest litigation (PIL) hearing, the bench expressed its astonishment at the state’s passivity, stating, “You have done nothing in four years except sit on the report.” The judges stressed that the state’s “silence is not an option” and questioned why no action had been taken despite the serious allegations outlined in the report. They also pointed out the gap between the number of cases filed after the report’s release and the report itself, questioning why no cases were lodged based on its findings.
The court further noted that many of the issues raised in the report, such as exploitation before film production, do not fall under the Prevention of Sexual Harassment at Workplace (POSH) Act. It urged the government to consider new legislation to address such cases. The bench suggested that non-criminal disputes, like those involving gender discrimination among make-up artists, could be resolved through mediation or arbitration.
Additionally, the court instructed the SIT to submit a status report and warned against revealing sensitive details in press conferences or to the media, to avoid a “media trial.” However, the court did not issue a gag order but emphasized that the media should act responsibly and respect individuals’ privacy.
The Justice Hema Committee report had been kept confidential for five years, with parts of it only being made public in August 2024. The redaction of 63 pages, purportedly to protect the privacy of individuals mentioned, has led to allegations that the government is attempting to shield the accused by withholding more information than necessary. The court’s strong rebuke of the government reflects the growing criticism of the delay in taking action on such serious matters.
The Kerala government now faces increasing pressure to act on the findings of the report and ensure justice for the victims of harassment in the Malayalam film industry.
(With inputs from OpIndia)
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