Hema committee: Kerala fin. min. says case can be registered suo motu

Contrary to Kerala chief minister Pinarayi Viajayan’s stand, the state finance minister K.N. Balagopal said cases can be registered suo motu under the law based on the Hema Committee report, even in the absence of a formal complaint.

Speaking to reporters, Balagopal emphasised that the law applies equally to everyone, including those in the film industry, and no special consideration would be given based on their profession.

"I am not qualified to discuss the technicalities of whether a case can be registered without a formal complaint," Balagopal said. "However, it is clear that Indian law allows for cases to be initiated even without a direct complaint. The current legal framework supports such actions and ensures that no one is above the law."

Previously, the state government's stance was that action would only be taken if a formal complaint was received regarding the Hema Commission report. Former cultural affairs minister A.K. Balan and current minister Saji Cherian had both highlighted legal constraints preventing the registration of cases based solely on the general findings of the report.

A day after the Hema committee report was released on 19 August, Kerala chief minister Pinarayi Vijayan announced that no investigations would be initiated by the government. This decision has faced considerable criticism.

Vijayan stated that while his government would not independently act against film personalities identified as sexual predators by women in the Malayalam film industry, it would protect the confidentiality of the testimonies. However, he mentioned that if any woman who testified came forward with a complaint, the government would take appropriate action.

The controversial Hema committee report, released by the Kerala government on Monday afternoon after a five-year wait, stated that sexual exploitation is rampant in the Malayalam film industry, and that women are asked to "compromise" in exchange for work.

The abridged version of the report, comprising 233 pages, was released shortly after 2.30 pm on Monday. The state culture department gave a copy of the report to eight people, who had applied for it under the Right to Information Act.

The Hema committee, under justice K. Hema was constituted to address problems faced by women in the Malayalam film industry following a 2017 sexual assault case involving the actor Dileep. The case, which saw an actress abducted and molested by several accused including Dileep, has been ongoing since then. The report, filed in 2019, was not released earlier owing to its sensitive content.

According to the report, the Malayalam film industry denies opportunities to those who are not ready to "cooperate" and grant sexual favours. There is a general perception that actresses are here to make money and will therefore share a bed with anyone.