The setting up of the Justice K Hema Committee by the Kerala Government to study the sexual harassment faced by women artists in Malayalam film industry was an unconstitutional act, according to a highly respected lawyer in Kerala High Court.

K Ramkumar, senior advocate, who has fought many landmark cases including the infamous P Rajan case that shook the nation during the 1975-77 internal emergency days questioned the propriety of setting up a committee at the cost of the public exchequer. He also disclosed that the Government of Kerala cannot make any legislation based on the committee’s report as cinematography law was an exclusive domain of the Centre as per the 7th schedule of Indian Constitution.

“There are sufficient provisions in our judicial system to undertake investigation into sexual harassment faced by women in all sections of the society including the filmdom. The Kerala Government has spent Rs 1.55 crore on the three-member Hema Committee that probed the sexual harassment faced by female artists. It was sheer waste of time and money,” the veteran lawyer told The Pioneer in an exclusive interview.

He pointed out that the Kerala Government had set up a committee under the chairmanship of Adoor Gopalakrishnan, movie maker who had been honored with Dada Saheb Phalke Award for his lifelong contribution to the world of cinema. Though Gopalakrishnan had submitted his findings with recommendations  to the Government, nothing has happened.” said Ramkumar.

He said the Indian Parliament itself had passed two legislations, the Vishaka Guidelines in 1997 following a Supreme Court directive against sexual harassment at workplaces and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. Both these guideline and statute have sufficient powers to take on the aggressors and predators who torment women, said Ramkumar.

The Kerala Government would have to answer an important question which the court is certain to ask. “The constitution of the Justice Hema Committee itself was an act of transgression as the Centre is the lone authority to enact legislation against sexual harassment of women at workplaces, The seventh schedule of the Constitution that has enumerated the powers of the Parliament and State Legislatures under Lists 1 and 2 have made it clear that the Centre is the sole authority to enact laws under cinematograph films while the State is left with the responsibility of collecting entertainment tax accrued through exhibition of films,” said Ramkumar.

The Hema Committee report  submitted to the Government in 2020 was kept as a State Secret for four years and it was released by the State under orders from High Court in September. The report opened a floodgate of scandals and spicy reports titled Me Too and has put many leading stars on the defensive. Film actor Mukesh, who is also a CPI(M) MLA, Siddique, film actor with Congress connections, Maniyan Pillai Raju, Idavela Babu, Baburaj and Jayasoorya are running helter-skelter as a consequence of the findings of the Hema Committee.