Kerala HC criticises govt for failing to act on Hema Committee report

The Kerala High Court has sharply criticised the state government for its failure to act on the Hema Committee report. The HC questioned "why no action had been taken despite the report being handed to the state police chief in 2021."

The court has directed that the entire report be reviewed by the special investigation team (SIT), which was formed to investigate cases related to the Hema Committee's findings and the allegations that have emerged since its release.

The HC ordered that the full report be submitted to the SIT, which must then reported back on the actions taken. The court emphasised that the review process should be thorough and that an FIR should be filed only after a comprehensive evaluation of the report.

The court expressed astonishment at the government's inaction over the past three years, noting that the report contains facts that necessitate the filing of rape and POCSO cases. The court questioned the government's assertion that there was no basis for filing cases, pointing out that the government argued the committee's purpose was to address issues within the film industry, not to identify specific complainants or details of complaints.

On Tuesday, 10 September, a special bench of the high court, comprising justice A.K. Jayasankaran Nambiar and justice C.S. Sudha, began reviewing six petitions related to the Hema Committee report. The government has submitted the full report in a sealed cover as directed by the division bench.

The special bench will consider a public interest litigation (PIL) filed by Payichara Navas, which requests that the government initiate criminal proceedings against those named in the report for sexual offences and asserts that the state is obligated to prosecute cognisable offences. Actor Ranjini has also requested to be included as a party in the PIL.

The bench will also examine appeals from producer Sajimon Parayil challenging the release of the report, a PIL from women advocates A. Jannath and Amrutha Premjith calling for a CBI investigation into the report's allegations, and petitions from T.P. Nandakumar and former MLA Joseph M. Puthussery.

The Justice Hema Committee, established by the government in 2017, was tasked with investigating issues faced by women in the Malayalam film industry. The report, which was released on 19 August 2024 — five years after its submission — revealed significant problems including sexual demands, harassment, gender discrimination, inadequate workplace safety, insufficient basic facilities, and wage disparities.