Recently, The Kerala High Court stayed the release of the Justice Hema Commission report, which was set to be released by the Kerala State Information Commission.
About The Hema Commission
- Formation and Purpose: In July 2017, the Kerala government established a three-member committee led by retired Kerala High Court judge Justice K Hema.
- Objective: To investigate sexual harassment and gender inequality in the Malayalam film industry.
- Consultations and Findings: The commission interviewed numerous women professionals, documenting instances of sexual harassment, wage disparities, and blacklisting.
- Report Details: The 300-page report, submitted in December 2019, included comprehensive evidence, such as documents and audio-visual materials.
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Findings and Recommendations of the Hema Commission
- Issues Identified:
- Casting Couch: The commission reported the prevalence of a casting couch in the Malayalam film industry.
- Substance Use: There were widespread reports of alcohol and drug use on film sets.
- Recommendations:
- Formation of Tribunal: The commission advised setting up a tribunal to further investigate the allegations detailed in the report.
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Reasons for Delay in the Release of the Report
- Lack of Legal Basis: The state government delayed the report’s release for three years, claiming the commission was not established under the Commissions of Inquiry Act, 1952.
- Confidentiality Concerns: Despite requests from the Women in Cinema Collective (WCC) and other organizations, the government refused to release the report, citing concerns about violating the confidentiality of respondents.
Legal Framework for Sexual Assault in India
- Indian Penal Code (IPC) Provisions:
- Section 375: Defines what constitutes rape, including non-consensual sexual intercourse with a woman.
- Section 376: Specifies punishments for rape, ranging from fines to life imprisonment, depending on the case’s severity.
- Section 376A: Covers cases where rape results in death or a persistent vegetative state, with stricter penalties.
- Section 376B: Addresses marital rape, but this section does not cover all forms of marital rape.
- Section 354: Deals with assault or criminal force intended to outrage a woman’s modesty.
- Protection of Children from Sexual Offences (POCSO) Act, 2012:
- Scope: Protects children from sexual crimes like assault, harassment, and pornography.
- Punishment: Imposes severe penalties, including long prison terms and fines, for offenders.
- Criminal Law (Amendment) Act, 2013:
- Enhancements: Expanded the definition of rape and introduced new crimes related to sexual violence following the Delhi gang rape case.
- New Offenses: Includes crimes like stalking, voyeurism, and acid attacks, with specific punishments.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
- Scope: Protects women from sexual harassment at work.
- Mechanism: Requires workplaces to set up Internal Complaints Committees (ICCs) to handle harassment complaints.
- Aggrieved Woman:
- An “aggrieved woman” includes any female who alleges sexual harassment by a respondent.
- This definition applies to both employed women and those in dwelling places.
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July 26, 2024
