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Synopsis

The Kerala High Court has directed the State Government to submit an unredacted copy of the Justice Hema Committee Report on the working conditions of women in the film industry. The Bench of Acting Chief Justice A. Muhamed Mustaque ordered the State to submit a single copy of the complete report, without any redactions, to the Court in a sealed cover with the objective to evaluate if the findings warrant criminal action. The Court also suo moto impleaded the Kerala State Women's Commission in the matter.

The directive came while the court was hearing a Public Interest Litigation (PIL), which sought criminal action against those accused of sexual offences in the report, which was released in a redacted form earlier this week. The petitioner, Navas A, urged the Court to direct the Director General of Police (DGP) to initiate criminal proceedings based on the findings of the Justice Hema Committee Report.

During the proceedings, the Court expressed its concern about protecting the confidentiality of vulnerable witnesses who provided testimony to the Committee regarding sexual harassment and abuse. The Court acknowledged that many testimonies were given under the condition of strict confidentiality, which complicates any potential legal action.

The Justice K. Hema Committee was set up by the Kerala government in 2017 to study the issues faced by women in the film industry. The report was finally released on August 19, after two unsuccessful court challenges, by a director and an actress, to halt its publication.

In support of the PIL, the counsel for Navas argued that the findings in the report clearly justify criminal action against several perpetrators. However, Advocate General Gopalakrishna Kurup contended that the report was never intended as a judicial inquiry but as a confidential study meant for internal assessment.

The Court pointed out that the government was unable to act against the alleged perpetrators due to the lack of formal complaints. The Court acknowledged that the report reveals instances of sexual exploitation and harassment that require intervention.

The Court admitted the PIL noting that if any cognizable offence is disclosed in the committee report, the Court will decide whether criminal action is necessary. The Court observed that the Government is unable to proceed in this matter due to the lack of complaints from victims.

The case has been scheduled for further hearing on September 10, 2024.

 

Cause Title: Navas A @Paichira Navas v State of Kerala [WP(C) 29846/2024]