Days after the state High Court came down heavily on Pinarayi Vijayan government for inaction, the Kerala Police are mulling to take suo motu cognizance of POCSO-related allegations mentioned in the Justice Hema Committee report. According to sources, the Committee report included at least two witness statements that pertain to POCSO-related offences. But, a final decision on registering POCSO cases will be made after reviewing the complete witness statements, Onmanorama reported.
However, cases in other instances of sexual assaults mentioned in the Hema Committee report will only be registered if the survivors are willing to pursue legal action. In case, they don’t want to proceed with the legal action, the investigating team will gather their written statements affirming their decision. This will be later submitted to the High Court for further direction.
Following a recent High Court order, the police have received the full version of the committee report but they are yet to obtain the digital evidence and copies of witness statements. Major evidence in this case is currently held by the Home Ministry. They are expected to hand it over to the investigation team by Tuesday, reported Manorama News.
After the publication of Justice Hema Committee report citing sexual assault allegations in the Malayalam film industry, around 23 cases have been registered so far against prominent figures part of the cinema industry.
The decision of the Kerala Police to decide on taking suo moto cognizance in POCSO-related cases comes days after the Kerala High Court had lambasted the Pinarayi Vijayan government for “doing nothing except sitting on the report for 4 years”.
Major observations made by the Kerala High Court
On 10th September, the Kerala High Court slammed the LDF government for failing to take prompt action against the sexual abuse unearthed by the Justice K Hema committee report on the working conditions of women in the Malayalam film industry.
The two-judge bench slammed the Left Front government emphasising that they are concerned with the state’s inaction, including not registering FIRs after the committee first submitted its report in 2019. The Court also reprimanded the state government saying that they had done nothing in 4 years except sitting on the report. While criticising the state government, the High Court also orally remarked that “silence is not an option”.
The court said, “We are primarily concerned with inaction of the state, including not registering FIRs… You have done nothing in 4 years except sit on the report.”
Furthermore, the Special bench had also directed the Kerala government to hand over the unredacted version of the Justice Hema Committee Report to the Special Investigating Team (SIT). The Pinarayi Vijayan government had formed a seven-member SIT which is currently probing sexual crimes that have been reported in the wake of the publication of the report.
The Justice Hema Committee Report has revealed horrid tales of sexual abuse, illegal bans, discrimination, drug and alcohol abuse, wage disparity, and inhuman working conditions, especially for women.
