'Why Govt Was Inactive For 4 Years?' : Kerala High Court Directs State To Hand Over Unredacted Hema Committee Report To SIT
"We must observe that we are rather perplexed by the inaction of the State Government"
The Kerala High Court today directed the State government to hand over the unredacted version of Justice Hema Committee Report, which disclosed large scale sexual harassment in the Malayalam film industry, to the Special Investigating Team (SIT) to probe offences disclosed in the Report.
The report, handed over to the State back in 2019, also revealed other issues faced by women in cinema, like gender discrimination, lack of safety in the workplace, insufficient basic facilities, wage disparities etc. The DGP was given a copy of the report in February 2021.
Thus, the Court expressed strong displeasure over the State's inaction in the matter for 4 long years. It orally observed,
“Why is the State Government inactive or silent from 31.12.2019 to now…When the state government has received a report based on an enquiry or committee set up by its own for gathering information...when the state government is apprised of a malady in society and commission of several offences, what is the bare minimum that the state government has to do? We are curious, rather, we are surprised or taken aback by the inaction on the part of the statement government.
In our view, the bare minimum expected of the state government when it received the report or at least when the DGP was given a copy in 2021, we are in 2024. And the state government has done nothing…One thing is assuring confidentiality of women who may have given the statements, we understand that. You may also have to assure confidentiality with regard to so called persons who have been named in the statements having committed the offence. They do have right to privacy and reputation but de hors all this when the state government is confronted or told that practices which is derogatory to women exist in the society, what is the bare minimum that you should do?”
It added, "Why do you say registration of crime is not done when several offences are narrated in report. Prima facie offences under IPC and POCSO Act are made out. Why no action?...We understand privacy and confidentiality. You can take necessary action. Report prima facie shows many offences, not just sexual offences but about remuneration etc. You can take action and if victim do not want to prosecute then that is alright. But why cannot investigation be started?"
The Court has now asked the SIT to submit an action taken report on the next date, whereafter it will open the sealed cover containing the unredacted version of the report and decide whether SIT's action/ inaction is justified.
The matter was heard by the Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, constituted to hear matters connected with the report of Justice Hema Committee, which was constituted by the Government in 2017. The report was published on August 19, 2024.
The Court has also orally cautioned against media trial, adding that it is not issuing any formal gag order. It said the media will act responsibly and it should not put any pressure on the SIT to act in haste, as it might trample the investigation and affect the rights of the people involved. Further, the Court said that there should be restraint and caution from the side of the officers so that the privacy of both parties- accused and victims are protected.
The Court said, "We are also hopeful that since this Court is now in seizin of this matter, and will be monitoring the progress of the investigation by the SIT, the print, electronic and social media will ensure that undue pressure is not applied on the Investigating Team through posts or news articles which may have the effect of pressurizing the investigating agencies to act in a hasty manner. Since we are hopeful that the print, electronic and social media will show due respect to the rights of the individuals in the Society in a sensitive matter such as the present, we do not feel any need to pass a formal order restraining the media in this regard."
The Court added that the State is not prevented from taking action on the report just because the SIT is looking into the offences. "SIT can look into criminal offences referred in report. But there are other issues also like labour issues, economic issues faced by women which must be looked into by the Govt. Such issues have to be dealt by the government," it orally remarked.
The Court also pointed towards the "peculiar demographics" of Kerala where the population of women is higher than men, adding that the issue is one "affecting the majority in our state.”
The Court stated that the SIT will go through the Report and see whether an offence, cognizable or otherwise has been made out and proceed to take action as per law. It directed the SIT to submit an action taken report before the Government, who in turn will submit it before the Court along with their affidavit.
The matter will now be heard on October 03.
Case Number: WP(C) 29846/ 2024 and other matters
Case Name: Navas A @ Paichira Navas v State of Kerala and other matters