Hema committee: Kerala HC asks govt to deliver full report in sealed envelope

The Kerala High Court on Thursday directed the state government to submit the full, unredacted Hema Commission report in a sealed envelope. This follows the public release on Monday of only an abridged 233-page version. The court also took suo motu action to include the Kerala State Women's Commission in the case, which has been posted for 10 September.

The court's directive came in response to a public interest litigation (PIL) by Navas Paichira seeking criminal proceedings against individuals implicated in sexual crimes within the Malayalam film industry. The Justice Hema Committee, formed by the government in 2017, was tasked with examining the challenges faced by women in the industry. The report, published on 19 August 2024, revealed significant issues including sexual exploitation, harassment, and disparity in wages.

Acting chief justice A. Muhamed Mustaque and justice S. Manu noted that the government is currently unable to take action as no formal complaints have been filed. The court emphasised the need to address the protection of vulnerable women and potential legal action against perpetrators. They admitted the writ petition and have called for the full report to be provided in a sealed cover by the government.

The division bench also pointed out that the government could consider action under the Protection of Children from Sexual Offenses (POCSO) Act, if applicable. The public version of the report had redacted several details but still highlighted severe issues within the industry, including rampant abuse and poor working conditions for junior artists.

The Hema commission 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.

It has been stated by various women that if they go anywhere looking for work, they are often accompanied by parents or relatives since the demand for sex is often made along with an offer of work.

The High Court's intervention comes amid growing calls for criminal action against those responsible for the offenses detailed in the report. The case, initiated by petitioner Navas Paichira, has been scheduled for a hearing on September 10.

A day after the Hema Commission 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 petitioner’s counsel argued that the state has a responsibility to prosecute based on the report’s findings, while the State Government's counsel countered that the report’s confidentiality had limited access to details of witnesses and victims. The report was intended to suggest measures rather than function as a judicial commission.