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‘Alarmingly lethargic’: HC raps Kerala govt over Hema report
The bench observed that the report was submitted by the panel in 2019, but the state government did not even do the “bare minimum” of deciding if it agreed with its findings
The Kerala high court on Tuesday slammed the “alarmingly lethargic” response of the state government to the Justice Hema Committee report, which has sparked allegations of sexual abuse against prominent figures in the Malayalam film industry, and said the administration cannot “remain a mute spectator” to social and economic injustices meted out to women.
A special bench of justices AK Jayasankaran Nambiar and CS Sudha observed that the report was submitted by the panel in 2019 but the state government did not even do the “bare minimum” of deciding if it agreed with its findings. It directed the government to hand over the report, including the redacted portions, of the committee to a special investigation committee (SIT) probing the sexual abuse allegations against male professionals in the Kerala film industry.
“... the conduct of the state executive has been alarmingly lethargic. We are taken aback by the lack of action by the state government… Although the report of the Justice Hema committee was submitted to the state government as early as on 31.12.2019, there was no action taken thereon for well over four years, and even thereafter, it took a litigation to spur the state into action, and that too only in respect of one of the many issues that were flagged by the Justice Hema committee,” the bench said, while hearing a clutch of petitions pertaining to the report.
“... we are of the view that the bare minimum that was expected of the government was to take a prompt decision as to whether or not it agreed with the findings of the committee. Apparently this was not done,” it added.
In its landmark report on the working conditions of women movie professionals in Kerala, which was released on August 19, the Hema Committee said that women artistes and actors were routinely asked for sexual favours in exchange for opportunities, told to compromise, dealt with force exhibited by their male colleagues and threatened with bans if they attempted to sue. The committee report – originally 295 pages long – was cut short by 66 pages to redact the names and information of those who testified and others against whom allegations were made.
After the report was released, several women actors, including a Bengali actress, went public with allegations of sexual harassment against some of the well-known faces of Malayalam cinema, including director Ranjith and actors Siddique and Mukesh. On August 25, the Kerala government constituted a Special Investigation Team (SIT), comprising top IPS officers, to probe the claims even as Siddique and Ranjith stepped down as general secretary of the Association of Malayalam Movie Artists (AMMA) and chairman of Kerala Chalachitra Academy, a state-run institution, respectively. Top Malayalam actor Mohanlal also quit as AMMA president and the 17-member executive committee of the influential body also resigned en masse, taking “moral responsibility”.
“Silence and inaction not being options available to the state government any more, we are of the definitive view that the state government must take immediate steps to address the various issues generally faced by women in our society, including those faced by women in connection with their respective vocations,” the high court said.
It also reminded the state government that it cannot “afford to remain a mute spectator to the social and economic injustice that is meted out to women in general”.
The bench directed the state to hand over an unredacted copy of the report to SIT and sought a report, within two weeks, on the action taken by the administration so far.
It also asked SIT to be mindful of the sensitivities pertaining to the case and take note of legal provisions to protect the privacy rights of the survivors as well as against those whom allegations may have been made.
It cautioned the media from applying undue pressure on investigative agencies and asked it to exercise restraint while publishing information on the contents of the report.
Appearing for the state, advocate general K Gopalakrishna Kurup said he has the full text of the report in a sealed cover as per an earlier court order but the special bench asked him to keep it in safe custody till it is required for perusal at a later stage.
Senior CPI(M) leader and former minister AK Balan later said the Hema committee told the government not to release the report due to privacy concerns of those who testified before it.
“Those who gave statements before the committee told it that it didn’t want the report to be made public or their identities revealed. They do not desire to be associated with any criminal action that may be taken. The Hema committee submitted a letter to the government, citing these concerns. So, the legal hassles that prevented the government from acting on the report have now been removed,” Balan told reporters.
