Kerala High Court to examine unredacted copy of Hema Committee report after it revealed sexual crimes

The Kerala High Court has sought a copy of the unredacted version of the Justice Hema Committee Report on the working conditions of women in the film industry, to examine if any of its findings may require criminal investigation [Navas A @Paichira Navas v State of Kerala]..The Bench of Acting Chief Justice A Muhamed Mustaque has ordered the State to submit a single copy of the complete report, without any redactions, to the Court in a sealed cover. The Court was hearing a PIL (Public Interest Litigation) petition seeking criminal action against those accused of sexual offences in the report, which was released in a redacted form earlier this week (on August 19). The Court today expressed concerns over how it could approach this issue, particularly considering the plight of the vulnerable witnesses who testified to the Committee about the sexual harassment and abuse they suffered. These testimonies were recorded on the condition of confidentiality, the Court noted. "We understand the petitioners' dilemma, Should we summon the records? The individuals who have come up as witnesses belong to vulnerable sections of society and can't seek help elsewhere. Tell us, what do you propose to do? If these individuals were capable of filing complaints, they would have approached the police instead they opened up before the committee. What can be done now to ensure this effort isn't in vain?" the Court asked..The petition before the Court has been filed by Navas A, also known as Paichira Navas.In the petition, he has urged the Court to direct the Director General of Police (DGP) to initiate criminal proceedings based on the findings of the Justice Hema Committee Report.He argued that the State had a responsibility to prosecute offenders who have committed cognizable offenses..The Justice K Hema Committee was set up by the Kerala government in 2017 following a petition by the 'Women in Cinema Collective' to study the issues faced by women in the film industry.They submitted their findings to the State in 2019. The State Information Commission (SIC) later allowed a request by certain parties (journalists) for access to the report after personal information was redacted to protect the privacy of witnesses. The report was released on August 19, after two unsuccessful court challenges to halt its publication. .Today, the counsel representing Navas (petitioner in the PIL) asserted that the information disclosed in the Justice Hema Committee Report is sufficient to warrant criminal action against several perpetrators. Advocate General Gopalakrishna Kurup countered that the report was compiled as a confidential study and not as a judicial inquiry. He submitted that the identities of the victims were protected, and that individuals who wished to file complaints could do so directly with the police or other authorities.He clarified that the Committee was primarily tasked with studying the issues faced by women in the film industry and suggesting measures to mitigate those problems.However, he added that the government may look into further action on reviewing the redacted parts of the report..The Court pointed out that the government was unable to act against the alleged perpetrators due to the lack of formal complaints.The Court, however, acknowledged that the report reveals instances of sexual exploitation and harassment that require interventionIt enquired that if a cognizable offence is disclosed, based on the committee's findings, and whether criminal action could be initiated against the offenders, given the broader societal impact of the allegations."Someone says they have been sexually abused or assaulted and they don't want to disclose the details or expose the incident, what can be done? As it is not a personal thing, it's affecting the society at large," the Court remarked.The Court also addressed the challenge of maintaining the anonymity of witnesses while ensuring that justice is served. Some witnesses might not come forward to prosecute the offenders, the Court pointed out. .Nevertheless, the Court admitted the PIL plea and directed the government to file a statement regarding the matter, apart from filing a copy of the unredacted report in a sealed cover.The Court impleaded the Kerala State Women’s Commission and scheduled the matter for further hearing on September 10, 2024..The petitioner was represented by advocates Sekhar G Thampi, Akhil Sussendran and Abhishek Nair MR.Advocate General Gopalakrishna Kurup appeared for the State..[Read Order]