India
HC slams Kerala for failing to take action on Hema report for 4 years | India News – Times of India
Kochi: The Kerala High Court on Tuesday said it was baffled by the state government’s inaction for four years on the Justice K Hema Commission report on working conditions of women in Malay film industry.
“When the State government is aware of an ailment in the society and is committing multiple crimes, what is the bare minimum that the government should do? We are curious, or rather we are bewildered or surprised by the inaction of the State,” observed the special division bench of Justices AK Jayasankaran Nambiar and CS Sudha while hearing petitions regarding the commission’s report.
The court has directed the state to furnish a complete copy of the report, including redacted pages and annexures, to the SIT to suggest required action. The SIT, constituted to probe complaints of sexual abuse/harassment in the industry, has been asked to submit a detailed report in a sealed cover within two weeks regarding possible action based on the findings of the committee. The court has also directed the state to file a counter-affidavit along with the SIT report regarding the action taken. The matter has been posted till October 3 for further hearing.
“The report at first glance reveals multiple violations under IPC and Pocso Act. It also refers to non-sexual issues like remuneration. Action has to be taken and if a victim does not want to prosecute, then so be it. But why can’t an investigation be initiated?” the court said.
Leader of the opposition VD Satheesan welcomed the HC decision and said that this was exactly what the opposition had demanded. He said it was a setback for the government that was trying to protect the “predators”.
During the hearing, the court asked for details of the action taken in response to the report. Advocate General K Gopalakrishna Kurup replied that the SIT was established on August 25 and that 23 cases had been registered.
The Advocate General argued that the committee was tasked with identifying issues faced by women in cinema and proposing solutions. The report was forwarded to the Director General of Police in 2021. In addition, a committee was formed in 2023 to formulate a cinema policy for the state. Kurup informed the court that he had the full report with him and it could be handed over in a sealed envelope as ordered by the court. However, the court directed him to keep it safe in his office until it was needed later.
“When the State government is aware of an ailment in the society and is committing multiple crimes, what is the bare minimum that the government should do? We are curious, or rather we are bewildered or surprised by the inaction of the State,” observed the special division bench of Justices AK Jayasankaran Nambiar and CS Sudha while hearing petitions regarding the commission’s report.
The court has directed the state to furnish a complete copy of the report, including redacted pages and annexures, to the SIT to suggest required action. The SIT, constituted to probe complaints of sexual abuse/harassment in the industry, has been asked to submit a detailed report in a sealed cover within two weeks regarding possible action based on the findings of the committee. The court has also directed the state to file a counter-affidavit along with the SIT report regarding the action taken. The matter has been posted till October 3 for further hearing.
“The report at first glance reveals multiple violations under IPC and Pocso Act. It also refers to non-sexual issues like remuneration. Action has to be taken and if a victim does not want to prosecute, then so be it. But why can’t an investigation be initiated?” the court said.
Leader of the opposition VD Satheesan welcomed the HC decision and said that this was exactly what the opposition had demanded. He said it was a setback for the government that was trying to protect the “predators”.
During the hearing, the court asked for details of the action taken in response to the report. Advocate General K Gopalakrishna Kurup replied that the SIT was established on August 25 and that 23 cases had been registered.
The Advocate General argued that the committee was tasked with identifying issues faced by women in cinema and proposing solutions. The report was forwarded to the Director General of Police in 2021. In addition, a committee was formed in 2023 to formulate a cinema policy for the state. Kurup informed the court that he had the full report with him and it could be handed over in a sealed envelope as ordered by the court. However, the court directed him to keep it safe in his office until it was needed later.
