'We Lack Feminine Perspective In Law': Kerala HC Appoints Amicus Curiae To Collect Different Perspectives For Drafting Special Law For Women

The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing the matters relating to Justice Hema Committee Report appointed Advocate Mitha Sudhindran as Amicus Curiae to assist the Court.

The Court orally stated all perspectives must be collected from all relevant stakeholders allowing the State to review them so as to come up with the draft of a special law that incorporates a feminine perspective. Earlier, the Court had orally pointed out the lacunae in the POSH Act, 2013 as it does not include informal situations when there is no clear employer-employee relationship, as in the film industry.

Court said orally “Give us different perspectives so we that we can put all of that to the State to make the work of the State also easier…let's have as many perspectives and using all of this inputs the State can embark upon this draft legislation...It will probably get sort of nod from the Court to test its legality. It is not going to be like many of the legislations that come normally, may be it is radical approach that the legislators is actually seeking prior approval from the judiciary…….It is always better to be cautious in these matters…..we are not drafting the legislation what we are doing here is collecting perspectives from different stakeholders. This Court is certainly is not going to be legislating….what we are doing here is trying to get different perspectives and predominantly the feminine perspective because that is something that we find is lacking in our laws now. So let us have a feminine perspective also."

In the last hearing, the Court was informed that 26 FIRs have been registered pursuant to the Court's direction to the Special Investigating Team (SIT) to take the necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Today, the Court was informed that in 5 FIRs, the victims are unwilling to cooperate with the investigation, while in 3 FIRs, the victims have refuted their own statements and declined to continue with the investigation. Additionally, the Court was informed that more time is required to submit statements in the remaining 18 FIRs.

The matter has been posted to Novmber 21 for further hearing. 

Case Number: WPC No. 31205/2024 & Other Cases

Case Title: Jannath v State of Kerala & Other Cases