Thiruvananthapuram: In a significant development, the Kerala High Court directed the state government on Thursday to submit the complete Hema Committee report in a sealed envelope.
The court issued the order while hearing a Public Interest Litigation (PIL) seeking to initiate criminal proceedings against the offenders named in the full report.
An abridged 233-page report was released on Monday, exposing abuse, widespread sexual harassment, inhumane treatment, and inadequate facilities for women in the Malayalam film industry.
The high court's division bench stated that it would decide whether criminal action is warranted if the committee reveals any cognizable offenses.
Currently, the government cannot take action on this matter because there have been no formal complaints.
However, the report reveals instances of sexual exploitation and harassment of women. The protection of these vulnerable women and the legal actions against the perpetrators of these crimes are issues that need to be addressed by the court.
"Consequently, this writ petition is admitted, and we await the government's position. The Kerala State Women's Commission is impleaded Suo motu in this case. We further direct the government to submit the complete committee report in a sealed cover to this court, limited to one copy," the court said.
The government conveyed to the court its readiness to take action against offenders upon receiving an official complaint. Nevertheless, the court observed that the government has the authority to act in instances falling under the Protection of Children from Sexual Offences (POCSO) Act.
The Hema Committee, led by the former high court judge K. Hema, was constituted in response to the sexual assault of a female actor in a moving car in Kochi, Kerala, in 2017. Although the Committee submitted its inquiry report to the Kerala government in 2018, the report was not published.
Earlier this year, the State Information Commission (SIC) mandated the release of the report to applicants, stipulating that names and identifying details of survivors be redacted.
Opposition leader slams CM
Opposition leader V D Satheeshan has criticized Chief Minister Pinarayi Vijayan, accusing him of deceit regarding the delayed publication of the Hema Committee report, citing a 2020 letter from Justice Hema. He alleges that the chief minister has committed an offence by failing to take legal action against the individuals implicated in the report.
Satheesan alleged that Justice Hema merely sought compliance with the Supreme Court's guidelines to keep the victims' identities confidential, without restricting the report's release. He accused the chief minister and the two successive culture ministers of committing a criminal offense by neglecting to act upon receiving the report.
According to Satheesan, Pinarayi did not expect Justice Hema's letter to become public, leading him to lie. The opposition leader demanded an apology.
On August 20, Chief Minister Pinarayi Vijayan explained that the Hema Committee report was not released earlier because Justice Hema had requested on February 19, 2020, that the report remain confidential due to references that could impact the privacy of many individuals.
