Explained: Can the government sit on the Hema Committee report without initiating a probe?

Kochi: Legal experts assert that the government has a legal obligation to order a preliminary inquiry based on the Justice K. Hema Committee report, which details threats, including life-threatening ones, faced by women in the film industry. If no such action is taken, a petition can be filed in the High Court, demanding the same.

The court can also be requested to examine the statements within the report and make a decision regarding the investigation. Legal experts emphasize that the report mentions crimes falling under various sections of the Indian Penal Code (Bharatiya Nyaya Sanhita) and the POSH Act, which addresses the prevention of sexual harassment of women at the workplace.

Government sources, however, point out that the report did not explicitly call for an investigation. Former Director General of Prosecutions, T. Asaf Ali, countered this by stating that the government cannot simply avoid recommending an investigation, especially when the report indicates that many individuals who testified did so under the assurance of complete privacy due to life-threatening threats. He also highlighted that the government, in connection with the Koothuparamba firing case, had registered a case against the then Minister M. V. Raghavan even though it was not instructed by the commission. Similarly, a case was registered in the solar scam based on the commission’s report. Supreme Court lawyer M. R. Abhilash added that offences falling under Section 354 of the Penal Code, which pertain to the insult of womanhood, have indeed been committed.

If the victims do not come forward, the investigation will not proceed

Even if a case is registered, there are obstacles in proceeding with the investigation. According to the report, prima facie offences under the Indian Penal Code and the POSH Act are applicable. However, if the victims are not willing to testify after the case is registered, the investigation cannot move forward. Only in cases where offences under the POCSO Act have been committed can the investigation proceed without the complainants’ testimony.