What Action Can Be Taken Against Perpetrators Of Crime?: Kerala HC Seeks Government's Response On Sexual Harassment Allegations Made In Justice Hema Committee Report
The Kerala High Court has admitted a Public Interest Litigation (PIL) seeking the disclosure of the Justice Hema Committee report, which reported various forms of sexual harassment and exploitation faced by women in the Malayalam Film Industry.
The Bench suo motu impleaded the Kerala State Women’s Commission as an additional respondent in this matter concerning the sexual exploitation of women as indicated in the report on various issues faced by women in the Industry.
A Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu observed, “The Government as of now is not in a position to proceed further for the simple reason that none have come forward with a complaint but at the same time, the reports disclose otherwise of sexual harassment and sexual exploitation of the women. How to protect these victims of sexual exploitation and what action can be taken against the perpetrators of the crime, is something that this Court require to address.”
Advocate Sekhar G. Thampi appeared for the petitioner, while SC Parvathi A. Menon represented the respondents.
The Government of Kerala had constituted a three-member Committee to study and report on various issues faced by women in cinema and suggest solutions to such issues. The Committee was headed by a former Judge of the Kerala High Court, Justice K.Hema.
The Committee filed a report before the Government. The Committee in the entire report maintained anonymity of the persons who deposed to maintain their privacy and to allow the women to speak without fear. The report indicated sexual harassment and sexual exploitation against women in the cinema industry.
The PIL was filed to seek directions commanding the State Government to produce the uncensored Justice Hema Committee report (report) to the Police so that criminal proceedings can be started concerning the sexual offences stated in the report.
The petitioner submitted that criminal proceedings should be initiated against those who have been found to have committed criminal offences.
The Court noted various issues involved in this matter “as the parties want to maintain anonymity and they do not want to come forward to raise a complaint.”
The Court pointed out, “The very purpose of constituting the Committee was noting that there are serious complaints pointing out that women are silenced by the men in the industry. If any cognizable offences are disclosed to the Committee, whether criminal action is necessary or not will have to be decided by this Court.”
Consequently, the Court directed, “Accordingly, we admit this Writ Petition and await Government’s stand on this…We also direct the Government to make available one copy of the entire report in a sealed cover before this Court.”
Accordingly, the High Court listed the matter for further hearing on September 10th, 2024.
Cause Title: Navas A. @ Paichira Navas v. State Of Kerala & Ors.
Appearance:
Petitioner: Advocates Sekhar G. Thampi, Akhil Suseendran and Abhishek Nair M.R.
Respondents: SC Parvathi A. Menon