Hema Committee Report: We Can't Brush Aside Vijayan's Inaction Over the Years

"Sexual abuse is a cognisable offence, and the govt cannot wait for victims to come forward," said a legal expert.

The Kerala government's inaction on testimonies of sexual abuse recorded in the Justice K Hema Committee report has drawn widespread condemnation.

On Monday, 19 August, the said report revealed casting couch situations and workplace harassment faced by women in the Malayalam film industry, though it did not name the victims or the perpetrators.

The report reveals that newcomers to the Malayalam film industry are pressured to make “compromises” and “adjustments” – euphemisms for being coerced into sexual interactions on demand.

It also notes that a “power group” of 10-15 influential individuals controls the industry. According to the report, anyone who crosses these individuals, whether intentionally or unintentionally, risks being excluded from work opportunities.

The report detailed 17 types of abuse faced by women in Malayalam cinema. These include sexual demands made for entry into the industry, sexual harassment in the workplace and during transportation, mistreatment at the workplace and in accommodation if women resist sexual advances, a lack of toilets for women, and insufficient changing rooms for junior artists.

The Hema Committee was established in 2017 following the notorious “road rape” case involving an actress in Kerala to examine the issues faced by women artists and technicians in the industry. Although the committee submitted its report in 2019, it was shelved due to the sensitive nature of its findings. However, on Monday, a truncated and redacted version of the report was released through judicial intervention and the Right to Information (RTI) Act.

The Government's Stand

Legal experts and women's rights activists assert that the government's failure to take action for nearly five years constitutes a serious oversight, exposing a potential bias in favour of the perpetrators. Kerala Chief Minister Pinarayi Vijayan has promised to initiate legal proceedings if the victims come forward, but critics assert that this is an insufficient response.

Representatives of filmmakers facing accusations of complicity have also urged victims to come forward, while Cultural Minister Saji Cherian has struggled to explain why police action cannot be taken based on the testimonies.

Former Minister AK Balan's justification for not initiating police action due to the lack of names and details has also been met with skepticism.

Parvathy Thiruvothu, an award-winning actress and outspoken critic of misogyny in the Kerala film industry, expressed her disappointment at the suggestion that victims should come forward to file complaints in order to hold perpetrators accountable.

Legal experts point out that the Pinarayi Vijayan government’s inaction over the past five years even violates Supreme Court guidelines. Additionally, they reveal that urging victims to come forward again with complaints violates the legal protections intended for them.

A Cognisable Offence

Speaking to The Quint, Kerala's former Director General of Prosecution T Asaf Ali stated that the government should have promptly handed over the report to the police chief, established a special investigation team, initiated legal action including criminal proceedings, and held the perpetrators accountable.

“The report contains testimonies of sexual abuse involving girls and women. Sexual abuse is a cognisable offence, and the government cannot remain passive and wait for victims to come forward with complaints. This is a serious failure on the government's part. In India, where the rule of law prevails, it is the government's responsibility to ensure justice,” Asaf Ali emphasised.

Citing Sections 175 and 176 of the Bharatiya Nagarika Suraksha Sanhita, which detail the obligation of a police officer to investigate a cognisable offence, Asaf Ali told The Quint that the government has shamefully failed to act on the report despite having had it in its custody for nearly five years.

He also argued that the government set up a committee instead of a commission to retain control over the findings. “Had it been a commission, the findings would have been tabled in the Assembly, and action would have been taken. Despite the government's attempts to keep the findings secret due to sensitivities and privacy concerns, the intervention of the RTI and the court has made the committee’s findings public.”

What the Kerala High Court Said

Meanwhile, on Thursday, 22 August, while hearing a public interest litigation seeking a direction to the Director General of Police to initiate criminal proceedings against the alleged offenders, the Kerala High Court directed the state government to make available before the court in a sealed cover the entire Hema Committee report, including the redacted portions.

The court also suo moto impleaded the Kerala State Women's Commission.

According to Live Law, the Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu ordered that, "If any cognisable offence is disclosed in the committee, whether a criminal action is necessary or not is to be decided by this court. The government is as of now unable to proceed in this matter for the simple reason that no one has come forward with a complaint. But the fact remains that the report discloses sexual exploitation and harassment of women."

"How to protect these vulnerable women and what action can be taken against the perpetrators of the crime is something that the court needs to address. Accordingly, we admit this writ petition and await the government's stand on this. we also implead Kerala State Women's Commission suo moto in this matter. we also direct the government to make available the entire committee report in a sealed cover before this court, only one copy," the court added.

Speaking to The Quint, Supreme Court advocate MR Abhilash stated that the government should have directed the police to investigate according to the disclosures made in the report. "We do not know the details of the statements given by the witnesses, nor whether the disclosures were made under any conditions. However, the fact that the report was kept hidden for over four years suggests some complicity of the state machinery."

The Live Law report also states that the counsel appearing on behalf of the state government submitted that even the government does not have details of witnesses or victims since the report was made confidential by the State Information Commission.

The court orally enquired about what action could be taken based on the committee's report. It also noted that the entire exercise will become futile if no action is taken based on the report. It orally said,

“But can we ignore this issue now that is what the problem for all of us. In what manner can we approach this issue?”

'This Public Acknowledgement is a Crucial Step'

Meanwhile, speaking to The Quint, a former member of the Women in Cinema Collective (WCC), a group formed by women in the Malayalam film industry following the “road rape” case, expressed her belief that the report has the potential to make a significant impact in addressing the exploitation of women in the industry.

“Considering the absence of any detailed or dependable documentation on the systematic exploitation of women in this industry, the report can act as a catalyst to initiate structural changes that uphold human dignity and the constitutional rights of women,” Mini Mohan, a former WCC member, said.

She added that, despite criticisms regarding its limitations, the report has, for the first time, officially and publicly revealed the darker realities behind the industry's glamorous facade, challenging the notion that, to quote the report, "the stars do not twinkle, nor does the moon look beautiful."

“This public acknowledgement is a crucial step towards meaningful reform,” Mohan stated. She also expressed sadness over the failure of the Film Employees Federation of Kerala, a trade union in the Malayalam film industry, to provide decent working conditions and uphold workers' rights.

“Wages are neither equal nor decent. Basic hygiene and sanitation facilities are often not provided. Ego plays a significant role in the industry, and there is a lack of equality and dignity,” she said, adding that this is happening in a country where something like the POSH Act exists.

The POSH Act, or the Prevention of Sexual Harassment at Workplace Act, was enacted in 2013 to provide a legal framework for addressing complaints of sexual harassment at workplaces and to ensure safe and respectful work environments for employees.

(Rejimon Kuttappan is an independent journalist, labour migration specialist and author of Undocumented [Penguin 2021]. This is an opinion piece, and the views expressed are the author’s own. The Quint neither endorses nor is responsible for them.)