PIL Before Kerala HC Seeks CBI Inquiry Into Justice Hema Committee Report, Special Law For Protection Of Women In 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 Committee's study revealed that women in the film industry face numerous issues, including, sexual demands, sexual harassment, gender discrimination, lack of safety in workplace, insufficient basic facilities, wage disparities etc.

The plea alleges that the state machinery has failed to register crimes or carry inquiry after the publication of the Justice Hema Committee report. It is alleged that the state government has failed to take any action based on the report that was submitted as early as 2019. It is stated that the state machinery is duty bound to investigate the criminal offences disclosed in the report. “…inordinate delay in registering FIR for the last 5 years amounts to violation of Article 21 of women who have given testimony before the Committee”, stated the plea

The plea further alleges that the offenders called out by victims were film stars with high political influence and that there is a reasonable apprehension that there will be an impartial investigation. It is stated that the agency that investigates must carry out a fair and unbiased investigation into the criminal offences alleged in the report.

The plea states that the state government has failed to ensure women's safety by enacting a special law for the protection and safety of women in the cinema industry.

Background

Justice Hema Committee Report was submitted before the Chief Minister in 2019 and the decision to make the report public was taken in July 5, 2024. Initially, a stay was granted by the Kerala High Court against the publication of the report in a writ petition filed by film producer Sajimon Parayil. However, the single bench dismissed the writ petition and ordered that the report could be made public.

A writ appeal was preferred against the order of the single judge by film actress, Renjini, despite not being a party in the writ petition. Her writ appeal was dismissed  by the High Court and she was granted liberty to file a fresh writ petition.

After the report was made public, a public interest litigation was filed seeking to initiate criminal proceedings against offenders who committed sexual crimes against women in the Malayalam film industry based on the Justice Hema Committee Report. The Court 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

Case Name: Jannath & Another v State of Kerala