Kerala HC Directs State To Place Entire Justice Hema Committee Report Before It In Sealed Cover, Suo Moto Impleads Women's Commission

The Kerala High Court has directed the State Government to make available the entire Justice Hema Committee Report, including the redacted portions before the Court in a sealed cover. The Court also suo moto impleaded the Kerala State Women's Commission.

The Court passed the above order while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders who committed sexual crimes against women in the Malayalam film industry. The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in the Malayalam film industry. The report was published on August 19, 2024.

The Division Bench comprising Acting Chief Justice A.Muhamed Mustaque and Justice S Manu ordered thus: 

"If any cognizable offence is disclosed in the committee, whether a criminal action is necessary or not is to be decided by this court. The Government is as of now unable to proceed in this matter for the simple reason that no one has come forward with a complaint. But the fact remains that the report discloses sexual exploitation and harassment of women. how to protect these vulnerable women and what action can be taken against the perpetrators of the crime is something that the Court needs to address. Accordingly, we admit this writ petition and await government's stand on this. we also implead Kerala State Women's Commission suo moto in this matter. we also direct the government to make available the entire committee report in a sealed cover before this Court, only one copy."

The Counsel for the petitioner submitted before the Court State has a responsibility to prosecute individuals who committed cognizable offences against women in the film industry based on the information disclosed in the Justice Hema Committee Report. 

The Counsel appearing on behalf of the State Government submitted that even the Government do not have details of witnesses or victims since the report was made confidential by the State Information Commission. It was submitted that the Justice Hema Committee was constituted to study the issues faced by women in the film industry and was taken to suggest measures, unlike a judicial commission.

It was stated that parties disclosed details before the Committee based on the promise of confidentiality. It was stated that individuals with grievances could approach the Police or authorities with complaints for action to be taken. 

The Court noted that the Justice Hema Committee Report indicates instances of sexual harassment and exploitation against women in the Malayalam film industry and some action has to be taken in this. 

The Court noted that the issue is that parties want to maintain anonymity and they are a vulnerable section of women who do not wish to disclose about the harassment in public. The Court noted that this issue has to be addressed and actions need to be taken to protect these vulnerable women. 

The Court orally enquired as to what action could be taken based on the Committee's report. It also noted that the entire exercise will become futile if no action is taken based on the Report. It orally said, “But can we ignore this issue now that is what the problem for all of us. In what manner can we approach this issue?” 

The matter is posted to September 10 for further hearing. 

The plea has been moved by Advocates Sekhar G Thampi, Akhil Sussendran, Abhishek Nair M R

Case Number: WP(C) 29846/ 2024

Case Title: Navas A @ Paichira Navas v State of Kerala