'Why Govt Was Inactive For 4 Years?' : Kerala High Court Directs State To Hand Over Unredacted Hema Committee Report To SIT

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.