Hema Committee: Kerala HC slams govt, asks what measures it has taken for upholding women's dignity

The Kerala High Court on Tuesday directed the government to explain what steps have been taken by it to uphold women's dignity after the release of the Hema Committee report.

The government cited the sensitive nature of the report --which emphasized the importance of maintaining privacy-- as a reason for not taking action, including not registering cases.

The court questioned whether privacy concerns justify inaction, stating that protecting women's dignity is a major responsibility. The court also pointed out that the issues are not confined to the film industry alone and stressed the urgency of addressing such reports with immediate effect.

The Hema Committee report details various crimes, including those under the Indian Penal Code, the POCSO Act, and the POSH Act (sexual harassment of women in the workplace).

In response, the government mentioned that a committee was formed last year to frame a film policy, but the court criticised this delayed response, arguing that immediate action is necessary.

The court asked what the point was of forming the committee after four years, suggesting that action should be taken first and that if the witnesses were not interested, the process should then be discontinued.

Court's questions and government's responses

What action was taken on the Hema Committee report received in December 2019?

The DGP formed a Special Investigation Team (SIT).

When was the SIT formed?

The SIT was formed on August 25. Twenty-three cases registered in various police stations have been handed over to the SIT.

Were these cases based on the Hema Committee report? Has the report been handed over to the SIT?

No, the cases were registered based on complaints received at various stations, not directly from the Hema Committee report.

What actions were taken by the government after receiving the report?

The report was handed over to the DGP in February 2021.

What did the DGP do?

The DGP did not take any action.

Is there any justification for this inaction?

The report is merely a description of events and lacks specific details about individuals, timelines, or actions.

On Tuesday, the High Court ordered that the Hema Committee report be handed over to the Special Investigation Team (SIT) for further investigation. The court also directed that any audio and video evidence related to the report be forwarded to the SIT. The decision came from a special bench consisting of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha.

The court has instructed the government to provide an affidavit detailing the SIT’s planned actions regarding the report. The court will review the Hema Committee report only after this. The case will be reviewed again on October 3.