High Court takes Kerala government to task over Hema Committee report, "You have done nothing"

Sep 10, 2024

Thiruvananthapuram (Kerala) [India], September 10 : The Kerala High Court on Tuesday strongly criticised the state government over its inaction over the Hema Committee report.
The Court sought to know why the State did not take any action after the disclosures made in the Hema Committee report. The court has directed the State to handover the sealed report to Special Investigative Team (SIT).
"You have done nothing in four years except sit on the Hema Committee report," stated the Court.
The High Court also asked the government what is being done to address the problems faced by women in society and not just the film industry.
The court said that legislation should be explored to end sexual exploitation in the unorganized sector. The High Court said that many people came forward after the Hema Committee report. The Court raised this query when Attorney General informed the Court that action has been taken based on complaints given after the publication of the report.
The investigation team should submit a report on the action taken on the report. The court directed that there should be no haste in the proceedings and said that whether an FIR is required can be decided only after examining the report.
The High Court also questioned the bare minimum steps state government failed to take after the report was released.
The government argued that the committee was set up to study the problems in the film industry and the report did not mention the complainants or what the complaint was.
Apart from the sexual allegations, the court has also asked the SIT to look into other issues like pay parity, lack of basic amenities in the work space etc that has been revealed in the Hema committee report.
The SIT should file a detailed affidavit in a sealed cover, the High Court adding that the Hema Committee report should be examined by the SIT first.
The SIT has to decide on action and it should keep everyone's privacy in mind, the court said. The Court directed SIT to not hold any press conference. If the deponent does not wish to proceed with the complaint, the proceedings may be terminated, it said.
The Government said that there should be no media trial and to this the High Court said that the media should not be controlled and that the media knows how to control itself
"Kerala has more women than men. This is a problem faced by majority in the State. It's not just a problem faced by women in cinema. The administration must respond urgently. The report details serious crimes" the court said.
The report has the scope of registering rape and POCSO cases. The court asked why the government argued that there was no situation to file a case.
The State Chief Secretary, the Director General of Police, AMMA (Association of Malayalam Movie Artists), the State Human Rights Commission have been made parties to the case. The Court has posted the matter to October 3.
The new special bench, formed by the Kerala High Court, led by acting Chief Justice A. Muhamad Mustaque, with Justices A.K. Jayasankaran Nambiar and CS Sudha were hearing the cases related to Hema Committee report today.