The Kerala High Court's special division bench severely criticised the state government for its inaction on the Hema Committee report while reviewing petitions, including a public interest litigation, seeking criminal proceedings based on the report's depositions. The Hema Committee was appointed in July 2017 to investigate the issues faced by women in the film industry, following the abduction and sexual assault of a prominent actress. The committee submitted its report to the government on December 31, 2019.
During the hearing, the division bench of the Kerala High Court questioned the government about the steps taken since the report's submission. The Advocate General, representing the state, informed the court that the report had been handed over to the Director General of Police (DGP) in February 2021. However, the court once again raised concerns over the lack of action.
The High Court pointed out that the report highlighted several cognizable offences in the film industry, including POCSO cases, and strongly criticized the government's failure to act on issues already brought to its attention. The division bench, which included a female judge, emphasized that the government must take action, noting that if a survivor chooses not to proceed with legal action, it is a separate matter.
The court also dismissed the state's argument that the depositions in the Hema Committee report were merely “simple narrations.” Previously, the court had ordered the government to submit the full Hema Committee report in a sealed cover. Today, the court directed the state to hand over the entire report, including audio clips and digital evidence, to the special investigation team (SIT) formed by the government after a redacted version of the report was partially released to the public.
Significantly, until now, this SIT had only investigated allegations that surfaced after the partial release of the redacted report, not those mentioned in the Hema Committee depositions. The state government informed the court that 23 cases have been filed by the SIT based on allegations against film actors and technicians.
The court directed that the confidentiality and privacy of those who testified before the Hema Committee must be maintained, instructing investigative officers not to disclose sensitive information to the media. It also asked the SIT to report on possible actions based on the Hema Committee's findings. This means the SIT will now be required to contact those who provided testimony to the committee and determine whether an FIR should be filed based on survivors' responses.
The court further directed the SIT to submit a report at the next hearing. Meanwhile, the court noted that the Hema Committee report contains details about other issues in the film industry, including labour disputes, remuneration conflicts, and gender-based prejudices. It asked the government to submit an affidavit outlining actions to address these concerns, which may not fall under cognizable offences. The court also recommended the government consider establishing a statutory arbitration or mediation mechanism to resolve such matters. “Understand that there are social issues [being reported], and…there is a pressing need to act,” the High Court told the government.
Additionally, the court asked the government to file an affidavit at the next hearing, detailing the steps being taken by the state in parallel with the SIT’s inquiry into the cognizable offences. The court stressed that this "simultaneous action" should not involve forming another committee. The case will be heard again on October 3, with the court set to review the full Hema Committee report only after the SIT submits its action plan.
