PIL in Kerala HC Seeks CBI Inquiry into Justice Hema Committee Report and Special Law for Women in Film Industry

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Synopsis

The plea highlights that some accused, as highlighted by testimonies in the report, are influential film stars with political ties, casting doubt on the state's impartiality and calling for an independent investigation by an agency like the CBI

A public interest litigation (PIL) has been filed before the Kerala High Court, urging the court to order a Central Bureau of Investigation (CBI) probe into the findings of the Justice Hema Committee report. The petition also calls for the enactment of a special law aimed at protecting women working in the film industry.

The PIL contends that despite the grave allegations detailed in the report, the state authorities have failed to register crimes or initiate investigations since the report was submitted in 2019. The petition asserts that this inaction constitutes a violation of Article 21 of the Constitution, which ensures the right to life and personal liberty, particularly for the women who provided testimony to the committee. The prolonged delay in filing First Information Reports (FIRs) over the past five years is identified as a major concern.

The plea further underscores that some of the individuals accused in the report are prominent film stars with significant political influence, raising doubts about the impartiality of any investigation conducted by state authorities. The petition advocates for an independent and unbiased inquiry by an agency such as the CBI.

Moreover, the petition criticises the state government for failing to enact a special law to protect and ensure the safety of women in the film industry, as recommended by the committee.

The Justice Hema Committee was formed by the Kerala government in 2017 to examine the issues faced by women in the Malayalam film industry. The report, made public on August 19, 2024, highlighted various problems, including sexual demands, harassment, gender discrimination, unsafe working conditions, inadequate basic facilities, and wage disparities.

The Committee’s report was submitted to the Chief Minister in 2019, but its release was delayed until July 5, 2024. Initially, a stay on the report’s publication was granted by the Kerala High Court following a writ petition filed by film producer Sajimon Parayil. However, this petition was later dismissed by a single-judge bench, allowing the report to be made public.

After the report’s release, actress Ranjini, who was not involved in the original writ petition, filed a writ appeal. Her appeal was dismissed by the High Court, which granted her the liberty to file a fresh petition.

The current PIL, filed after the report’s publication, seeks criminal proceedings against those accused of sexual crimes in the Malayalam film industry, as detailed in the Justice Hema Committee report. The High Court had previously, in a similar plea, instructed the state government to submit the full report, including previously redacted portions, to the court in a sealed cover. Additionally, the Kerala State Women’s Commission was suo motu impleaded in the case.

 

Cause Title : Jannath & Another v. State of Kerala