The Kerala High Court on Monday sought the State government's response to a plea challenging the government's 2017 decision to constitute the Justice K Hema Committee to examine the working conditions of women in the Malayalam film industry [RP Remesan v State of Kerala & ors].
A redacted version of the report of the Committee was released to the public in August this year, revealing widespread sexual abuse and gender discrimination in the Malayalam film industry.
The High Court had subsequently constituted a special bench of Justice AK Jayasankaran Nambiar and Justice CS Sudha to hear several petitions related to the report, including one filed by a lawyer urging the Court to declare the formation of the committee as unconstitutional.
The petition also sought orders preventing further action based on the report.
The Bench today questioned why the petition was filed over 6 years after the government constituted the Committee.
"Aren't you 6 years late to challenge the constitutional validity of the committee? You (counsel for petitioner) are representing a legal practitioner who is supposed to be vigilant about the law, we expect that this action was to be taken 6 years back", Justice Nambiar orally remarked.
However, the Court directed the State to file a its counter-arguments regarding the constitutionality of the Hema Committee’s formation.
The Court also ordered the State to continue with ongoing investigations into allegations arising from the committee’s report.
According to the petitioner in the present case, advocate RP Remesan, the decision to constitute the committee was taken solely by the cultural ministry without consulting the cabinet, law department or financial department. These steps would have ensured the committee’s legal and financial authorisation, the petition claimed.
"The decision appears to have been taken only by the Cultural Ministry, which does not appear to have examined the question whether the State has either legislative or administrative power to appoint such a committee involving Crores of Rupees as expenditure, by way of remuneration and payment of salary to the members of the newly created staff," the petition stated.
Senior Advocate Ramkumar, representing the petitioner, criticised the State's decision, arguing that it ought to have instead taken actions in implementing the provisions of the already existing Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).
The Senior counsel added that the guidelines laid down by the Supreme Court in the Vishaka Case also provided for the establishment of committees in public as well as in private spaces.
Ramkumar argued that private spaces like the film industry were also covered by these guidelines and, therefore, a new legislation or a separate State-level intervention was unnecessary and unconstitutional.
The Bench is also seized of petitions seeking criminal action as well as reforms in the film industry on the basis of the allegations and findings in the report.
Advocate General K Gopalakrishna Kurup today submitted that 26 FIRs have been registered and four additional instances were under investigation.
In response to an earlier suggestion of the bench to draft a new legislation, the Advocate General submitted that a new legislation, specifically for visual media, can be proposed to address the issues prevalent in the Malayalam film industry.
The Special Bench will convene next on November 7.