Hema Committee Report: HC, Kerala Govt At Loggerheads As MeToo Movement Gathers Pace | 5 Takeaways

The Kerala High Court issued strong directives to the State government on September 10. A 2-person special bench reprimanded the government for not taking adequate action against the accused mentioned in the Hema Committee Report. The court has also demanded the government submit the full version of the report, with names of victims and accused to the Special Investigation Team (SIT). Additionally, the bench asserted that women are in the majority in Kerala and thus it is a matter of shame if the majority population feels unsafe in their own homes and workplaces.

The hearing comes in the background of the Justice Hema Committee Report published on August 19. The 235-page redacted report exposed the systematic sexual assault and misconduct faced by women in the Malayalam film industry over the years. Following the findings, several victims came forward to share their plight and shed details of the abuse they faced on a film set. The Kerala High Court issued 5 major directives to the state government and has given the SIT time till October 5 to come up with their findings in the matter.

1. You have done nothing in 4 years except sit on the Hema Committee report: High Court to State govt

In one of the most explosive statements, the High Court blasted the State government for not taking adequate actions against the complaints received by the Hema Committee for four years. Live Law quoted the panel saying, “We are curious, rather, we are surprised or taken aback by the inaction on the part of the statement government.” The court asserted that the government was in the know of the findings since 2021 but decided to do nothing but formulate a Special Investigation Team (SIT).

2. Probe now just for women in cinema, but all women seeking jobs or part of the workforce

In addition to setting up a probe on the women artists in the Malayalam cinema, the High Court also directed the government to look into sexual allegation matters beyond Mollywood. It especially emphasised women who face harassment while seeking jobs which is not included in the POSH act. A special bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha stated, “Job seekers do not come in POSH Act. How would the POSH Act deal if something is related to a woman who is seeking employment.” The court said that legislation should be explored to end sexual exploitation in the unorganized sector.

3. No media trial in MeToo cases: Govt demand turned down by Kerala HC

The High Court has also been clear in its directive of not holding a media trial. The judges made it clear that the Special Investigation Team (SIT) will not hold any press conference with regard to the Justice Hema Committee report. 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. 

4. Silence is not an option for govt: the High Court

During the trial, the court has also made it clear to the government that swift and effective action has to be taken against all complaints and accused. Live Law quoted the court saying, “Silence is not an option for govt. The state has a constitutional obligation under directive principles of state policy and fundamental duties. Let us not take a myopic view. Problems faced by women in general have to be addressed.” They also stated that not just women who identify as females but transexuals and intersectionality must also be taken into account. It said, “This is not confined to sexual offences alone...It must not be limited to female sex, there is transexuals, intersectionality, and physical disability. All of them must be considered when a draft is being made. Let us put together a draft like that."

5. SIT can look at sexual exploitation, the government will step in for other issues

While the court burdened SIT with the responsibility of taking action against the accused, it has not refrained the State from acting whenever needed. Live Law cited that the court orally remarked, “SIT can look into criminal offences referred to in the report. But there are other issues also like labour issues, and economic issues faced by women which must be looked into by the Govt. Such issues have to be dealt with by the government.”

The next date of the hearing is on October 3.