Experts say police can still register case on basis of Hema Committee report

Former Director General of Prosecution T Asaf Ali said the government should recommend a probe by a Central agency on the serious allegations raised by the women artists
Hema committee was the first committee in the country set up to conduct a comprehensive study of gender issues in the film sector. It was appointed following demands from the Women in Cinema Collective.
Hema committee was the first committee in the country set up to conduct a comprehensive study of gender issues in the film sector. It was appointed following demands from the Women in Cinema Collective.(File photo)
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THIRUVANANTHAPURAM: Following the release of the Justice Hema Committee report, the call has intensified seeking legal action against the sexual predators on the basis of its contents. The legal experts, whom TNIE had talked to, said though the government has wasted valuable time sitting on the report, it can still order a probe preferably by a special police team as the findings have laid bare the realities existing in the tinsel world.

Former Director General of Prosecution T Asaf Ali said the government should recommend a probe by a Central agency on the serious allegations raised by the women artists. “Prima facie there is evidence suggesting that cognisable offences have been committed over years and spanning different places. A special team from the Central agencies alone can effectively probe these allegations,” he said.

“The reports reveal that there was sexual harassment, which is a cognisable offense. As per the rules, If the police get any information regarding the commission of a cognisable offenc e, it must register a First Information Report,” he said.

Former Director of Prosecution, V C Ismail, said after receiving the report, the government should have instantly directed the state police chief to launch a probe on the matter. “That could have sent a strong message that the government machinery is with the victims and that could’ve emboldened the victims to file complaints on their own,” he said.

Ismail said though the cops can still register cases suo motu, a defacto complainant should be there to take the legal process forward. “If the victims are not willing to cooperate with the cops, then the case will fall flat and the police will have to face the flak. If the government itself had announced a probe at the onset, then the victims would have mustered the courage to give their statements,” he said.

A retired IPS officer, who preferred to remain incognito, said the government should take proactive measures to address the issues. “The government should have taken meaningful measures such as setting up a judicial tribunal to look into various matters raised by the artists. They could’ve ensured that better facilities are available for the artists in their workplace.

Hema committee was the first committee in the country set up to conduct a comprehensive study of gender issues in the film sector. It was appointed following demands from the Women in Cinema Collective.
Experts slam Kerala government for ignoring justice Hema Committee report

Also, the labour department could have looked into the working condition of junior artists, who are largely exploited. The meetings of all the stakeholders could’ve been convened to address the issues raised by the aggrieved people. But the government had a cynical attitude and wasted years sitting on the report,” the officer said.

LEGAL TANGLE

  • A Central agency should take over the probe due to the incidents spanning various times and locations

  • If the victims are not willing to cooperate with the cops, then the case will fall flat and the police will have to face the flak

  • As per rules, If the police get any information regarding the commission of a cognisable offence, it must register an FIR

Hema committee was the first committee in the country set up to conduct a comprehensive study of gender issues in the film sector. It was appointed following demands from the Women in Cinema Collective.
Hema Committee report reveals systemic sexual harassment against women in Mollywood; AMMA says need time to study

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