On Thursday, August 22, 2024, a Division Bench of the Kerala High Court admitted a PIL which sought to direct the Kerala government into instituting criminal proceedings against those who sexually exploited and harassed women in the film industry as found in the Justice K. Hema Committee report. The court also ordered that the state government produce the full report of the committee in question.
The bench that comprised Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said whatever offences are disclosed by the committee report, whether or not any criminal action would be required is a matter for determination by this court itself. As of now it seems that no one is coming forward to file complaints because state govt cannot proceed in this matter simply because no one has complained against anyone but it is important to note that there is an existence of sexual exploitation and harassment as per reports of the aforementioned committee.
“It is these vulnerable women that we need to protect and punish those responsible,” it said while wanting to know what stand government would take on this.
Vulnerable section
The court stated that serious matters were contained in report where ‘witnesses’ in her statement before Committee pleaded for privacy. According to this study some corrective measures must be taken since there are cases of sexual molestation and exploitation amongst women involved with Malayalam film industry. Such a report could not be ignored by any reasonable minded administration. They were all victims who gave evidence before JK Hema Committee but declined public scrutiny over their humiliation predicament due to their vulnerability status such as illiteracy. This whole exercise was futile if no action was taken by government at all levels. So something had to be done in order to save these helpless groups.
Advocate General Kurup argued that nothing had been disclosed through such investigation about commissioning of any cognisable offences compliant enough for prosecution under law. Witnesses had been told they could rely on secrecy when they came before the committee. These people were constrained to approach and appear before the committee only after numerous notices to them. The sufferer can report such a case to either police or judicial courts among others. Besides, none of these people has informed the government so far that they wish criminal action taken against offenders who have since been unnamed.
He also submitted that this was not a judicial commission but simply a committee tasked with studying the problems faced by women working in films.
Kerala Women’s Commission was also made respondent in this matter by court.
In his plea moved through advocate Navas from Thiruvananthapuram, he demanded for uncensored Hema Committee report and urged all records produced by the committee be given out.
According to him, women working in film industry have reportedly suffered sexual harassment, assault or differential treatments as per observations made by JK Hema Committee. The state is prosecuting authority; therefore it is incumbent on it if any offence is committed by anyone leading to filing of suo motu case by State Government itself.
