CM Pinarayi Vijayan States that Claims of the Government Ignoring Hema Committee Report are Factually Incorrect

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Thiruvananthapuram Chief Minister Pinarayi Vijayan has stated that the claim that the government has ignored the Hema Committee report is factually incorrect. The government has a clear stance on this issue, which has been repeatedly communicated by the concerned ministers and others. The release of the report does not indicate any opposition from the government. The government is committed to addressing all forms of illegal and sexist trends in the film industry with utmost seriousness. This commitment has been demonstrated by the government. If any wrongdoing is found, regardless of the status of the individual, legal action will be taken, the Chief Minister said at a press conference.

Justice Hema, citing concerns that the report contained comments affecting the privacy of several individuals, had requested the government on February 19, 2020, not to release it. Justice Hema sent this letter to the Principal Secretary of the Cultural Department at that time. Justice Hema reiterated in the letter that the revelations made by some women in the film industry to the committee were entirely confidential, and hence, the report prepared by the committee should not be made public under any circumstances.

Due to concerns about violating privacy, the Chief Information Officer of the Cultural Department rejected requests for copies of the Hema Committee report under the Right to Information Act. A journalist had approached the Information Commission in 2020 requesting the release of the report. On October 22, 2020, the Chairman of the Commission, Vinson M. Paul, ruled that the report could not be made public due to its content affecting individuals’ privacy.

The recommendations and remedial actions suggested by the committee were not provided separately. Since the testimonies and examinations included in the report were part of the report itself, it was impossible to separate and highlight what could be disclosed. Thus, the Information Commission clarified that there was no directive to disclose the report. The Information Commission directed the government to make the report public on July 7, 2024, overruling the decision of 2020.

According to the directive from the Information Commission, the government was advised to release the report with parts affecting privacy redacted. The government is at the stage of preparing to release the report while facing a restraining petition from a producer in the High Court. Initially, the High Court issued a stay order against the release of the report, which was later vacated. As the government was preparing to release the report again, another restraining petition was filed by a prominent actress. The legal hurdles related to this were resolved recently, allowing the report to be released.

The report suggests that the Hema Committee prepared it without even the help of a computer-savvy stenographer. The committee noted that many of the details shared by the witnesses were of a highly confidential nature. The report states that the witnesses shared these details with the committee based on their trust and that the committee members typed the report themselves despite lacking professional typing skills to maintain that trust. The need to protect the confidentiality of the information shared by individuals was emphasized in the report.

Considering the sensitive nature of the allegations raised by numerous individuals in the film industry and the potential repercussions if made public, the committee made efforts to ensure complete confidentiality of the testimonies. With these facts in mind, what is the meaning of claims that the government has neglected the matter?

The government has done and will continue to do everything possible. It is committed to addressing all forms of illegal and sexist tendencies in the film industry. This commitment is evident. There was another campaign alleging that the police had not taken any action despite receiving a report. The police sought a copy of the report from the Cultural Department based on a letter from the Women’s Commission. In response to that letter, the Additional Secretary of the Cultural Department stated:

“The indications given by Justice Hema regarding the need to keep the contents of this report confidential and the directives issued by the Chief Information Commissioner stating that this report is not to be made available under the Right to Information Act are attached. We request that the contents of this report be kept confidential.”

This means that the police received a document emphasizing the need for confidentiality. The government has clarified the actions it has taken based on this report. The Hema Committee did not recommend any specific cases for investigation. Additionally, there is a need to protect the privacy of the witnesses. However, legal action has been taken without delay in cases of abuse reported in the film industry. A case was filed last year against a director who sexually abused a woman under the pretext of providing opportunities in films. Cases were also filed against a prominent actor and another actor for sexual coercion. Recent cases include accusations against another director for harassment and against another director for threatening a prominent actress. Cases related to financial fraud, copyright infringement, and cyber harassment in the film industry have also been registered by the police in various parts of Kerala.

The police have acted without bias in all the complaints received. If any woman who has given testimony to the Hema Committee comes forward to file a complaint, the government will take appropriate action. The Chief Minister affirmed that any wrongdoing will be addressed legally, regardless of the individual’s status, leaving no room for doubt.

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