Slamming the Kerala government for not taking any action so far on the Hema Committee report on the problems faced by women in the Malayalam film industry, a Special Division Bench of the Kerala High Court on Tuesday directed the government to hand over the entire report of the Hema Committee to the special investigation team (SIT) and file a report as to what action can be taken on the basis of it.
The Special Bench comprising Justice AK Jayasankaran Nambiar and Justice CS Sudha passed the directive when a few public interest litigations filed in connection with the Hema Committee report came up for hearing.
The court also ordered that the audio and video recordings which were part of the report be handed over to the SIT. The court orally observed that it was “taken aback by the alarming inaction” on the part of the Kerala Government in not taking any action on the report. The court said though the report was filed in 2019, no action has been taken based on it.
The court also asked why registration of crimes was not done when the report narrates several offences. “Prima facie offences under the IPC and Pocso Act are made out. Why has no action been taken?” the court asked.
Identities not revealed
The Advocate General submitted that the report only narrated instances and did not reveal the identities of the victims or perpetrators, nor did it specify the time or place of the incidents. The committee had specifically recommended that the report should not be published and it sent a letter to the Cultural Affairs Department directing it to keep the report confidential, as it contained details of sexual assault, harassment, and abuse disclosed by women in privacy during in-camera proceedings.
The court also asked the SIT not to act in haste on the report as “multiple interests” are involved. ”Let the SIT study the entire report and make up its mind on what is to be done,” it said.
The court ordered that none of the team members should give interviews and press statements as it will affect the privacy of all, including the victims and the persons against whom allegations are made.
When the Advocate General submitted that a direction could be issued to the media not to put pressure on the SIT, the court said it did not think it is necessary to issue a formal gag order as the media have “a sense of responsibility” and hoped that it would exercise restraint.