Criminal judicial proceedings in POCSO and rape cases will move only after giving utmost respect to the privacy of the testifying person. Even if the plaintiff says that he is not interested in filing a case, the police can voluntarily file a case taking into account age, circumstances and evidence.
Justice Hema’s request to respect the privacy of the testifiers does not mean that the report should be shrouded for eternity. The government, normally in full vigour when it comes to imposing law and justice to common citizens are now going back foot as the names included in the Hema committee report are of elites. Not just proceeding with the case, but the government is also showing signs of shielding them using shrewd politicking.
The High Court has strongly criticized the fact that the report has been kept for so long without any action despite serious allegations including the possibility of POCSO charges. The court directed the government to immediately hand over the complete report including audio and video evidence to the special investigation team.
The order came from a special bench comprising Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha. The government had produced the full report in a sealed envelope in the High Court. The report has not come out in full but the narrative has already been established terming ‘sexual assault’ the most concerning crime ongoing within the industry. But this is not the reality. Importantly, the report highlights the serious social and occupational problems of women in the film industry. But this went unnoticed in the hullabaloo.
Even the promised remuneration is not received by many employed in the non-essential sectors of the sector. The government should consider these matters seriously. A fair investigation is the need of the hour. Film industry veterans including Mohanlal and Mammootty have demanded that the government take action. The High Court has directed a special investigation team to investigate and inform what cases can be taken based on this report. The government and the special investigation team have to submit a report when the case appears before the court in two weeks.
The government has already handed over 23 cases against people in the film industry to the investigation team. Interestingly, this includes no crimes mentioned in the Hema committee report. If convinced of a fair investigation by police, the complainants will have no qualms about revealing the name of the assailants. This is pertinent since actors including superstars are now under the shadow of doubt since the release of the report.
Sudden ban, non-payment of promised remuneration, discrimination in provision of facilities should be taken care by the government. It is high time that the government should intervene, or wait to see the film industry crumbling into pieces.