The Kerala High Court questioned the six-year delay in challenging the constitution of the Justice K. Hema Committee, which investigates gender discrimination in the Malayalam film industry. The State must respond to claims that the committee’s formation bypassed legal procedures. The Court also ordered ongoing investigations based on the report’s findings, with a follow-up hearing set for November 7.
Kerala: The Kerala High Court has sought a response from the State government regarding a plea challenging the formation of the Justice K. Hema Committee, which was established in 2017 to assess the working conditions and safety of women in the Malayalam film industry. This comes after the committee’s redacted report, released in August 2023, exposed widespread gender discrimination and sexual abuse within the industry.
The petition, filed by advocate RP Remesan, contends that the committee’s formation lacked proper authorization, alleging that it was solely the decision of the Cultural Ministry without consulting the cabinet or legal and financial departments. The Special Bench of Justices AK Jayasankaran Nambiar and CS Sudha questioned why the challenge was filed over six years after the committee was constituted. Justice Nambiar remarked,
“Aren’t you 6 years late to challenge the constitutional validity of the committee?“
The Court directed the State to file counter-arguments on the committee’s constitutionality, while ordering continued investigations based on the report’s findings. Senior Advocate Ramkumar, representing the petitioner, argued that the existing POSH Act of 2013 and guidelines from the Vishaka Case already cover protections for women in private spaces like film industries, making the formation of a new committee unnecessary.
Advocate General K Gopalakrishna Kurup reported that 26 FIRs have been filed and further investigations are underway. The State indicated that a new legislative proposal for visual media could address the persistent issues highlighted in the Hema Committee report.
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The Special Bench is set to reconvene on November 7 to review the State’s response and consider additional actions related to the committee’s findings and recommendations for industry reform.
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