Draft Law Based On Hema Committee Report Likely To Be Placed Before Council Of Ministers In Nov: State Tells Kerala High Court

The Kerala High Court on Wednesday (October 8) was told by the Government Pleader that the draft legislation for addressing issues in the entertainment industry in the State is likely to be placed before the Council of Ministers by the first week of November.

During an earlier hearing, the Special Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice C.S. Sudha had orally pointed lacunae in the PoSH Act 2013, stating that the legislation does not take within its purview sexual harassment faced by women seeking employment. The Bench is considering the batch of cases relating to the Hema Committee report.

Later, the Women's Commission had suggested that a special legislation for the specific field of entertainment could address the lacunae. Thereupon,  the Kerala Film Policy Conclave was conducted on August 2 and 3 and the suggestions made during conclave were put up on two websites, www.ksfdc.in and www.keralafilm.com for suggestions of the public.

When the matter was taken up today, the government pleader submitted to the Court that the suggestions from the public were collected and the draft legislation prepared would be placed before the Council of Ministers on the first week of November. On hearing the same, the Court pronounced:

"It is submitted by the learned government pleader that the deliberations are ongoing for bringing out a draft legislation as suggested earlier and the draft of the legislation is likely to be placed before the Council of Ministers in the first week of November. We deem it appropriate to post these matters in the second week of November for ascertaining the outcome of the deliberations." 

Next, the Court inquired about the other matters in the batch, seeking investigation and challenging constitution of the Hema Committee. It orally asked, "What about the investigation? That is over, isn't? How many of these writ petitions are seeking a prayer for investigation? Now that can be closed?"

To the query, the government pleader replied that the investigation was over and a statement can be filed by the next posting date regarding the progress. The Court hinted that these petitions can be closed after the pleadings are completed if there are no other prayers surviving.

The matters have been posted on the 2nd week of November, by which time, the respondents have been asked to file their counter-affidavits.

Case No: WP(C) 29846/ 2024 and other matters

Case Title: Navas A @ Paichira Navas v State of Kerala and other matters