Govt Maintained Silence On Hema Committee Report For 5 Yrs, Allegations Came To Light Only After Court's Intervention: Kerala High Court
The Kerala High Court today expressed regret over the Government maintaining silence on the Hema Committee Report, which disclosed allegations of widespread sexual harassment and other issues faced by women in Malayalam film industry, for five long years.
While dismissing the anticipatory bail plea of actor Siddique in a rape case, Justice C. S. Dias observed,
"The Government of Kerala had appointed an Expert three member Committee headed by Justice K. Hema, a former Judge of this Court, to study and report the issues faced by women in cinema and suggest solutions to their problems. Although the Expert Committee submitted the report to the Government in 2019, mysteriously, the Government maintained a sphinx-like silence for five years. Ultimately, it was only through the intervention of this Court that the report saw the light of day."
The Court however said it would not comment on the aspect of the Government shelving the report and the future course to be taken with regard to the report, as a Division Bench was already examining the matter.
The Division Bench specially constituted to deal with matters related to the Hema Committee Report had recently asked the Government why it was inactive for all these years.
In the instant case, the complainant alleged that the actor raped her in Muscot Hotel in Trivandrum. According to the complainant, she was invited to his room to discuss a new film.
Justice Dias said the submission made by the Senior Counsel representing the actor that complainant lacks credibility as she is an 'outspoken and vociferous lady who has made unsubstantiated allegations against fourteen men' was unwarranted.
“A women's experiences of sexual assault are not a reflection of her character but rather an indication of her suffering. The attempt to blame a woman for speaking out maybe a strategy to silence her, which is hostile to the supremacy of law.”
The Court also dismissed the argument that the delay of 8 years in reporting the case vitiates the prosecution case. It said that the delay has to be understood in the context of victim's trauma. It also took into account the fact that when the complainant opened up about the harassment on Facebook in 2019, she received threatening messages and "lost courage" to move forward.
Finally considering the need for Siddique's custodial interrogation and prosecution's apprehension that the actor might intimidate the witness, Court denied anticipatory bail.
Counsel for the Petitioner: Advocates Philip T. Varghese, B. Raman Pillai (Sr.), Sujesh Menon V. B., Thomas T. Varghese, Achu Subha Abraham, V. T. Litha, K. R. Monisha, Nitya R.
Case No: BA 7331 of 2024
Case Title: xx v State of Kerala
Citation: 2024 LiveLaw (Ker) 591
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