J. Hema Committee report: SC appreciates women who braved odds to record statements before the SIT

Supreme Court acknowledges women's courage in lodging sexual abuse complaints in Kerala film industry, emphasizes respect for privacy.

The Supreme Court on Tuesday (January 21, 2025) acknowledged the courage of the women who had defied personal and professional costs to lodge complaints of sexual abuse in the Kerala film industry, but said investigating agencies must also respect the women who wanted to keep quiet.

A three-judge Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta appreciated women victims and witnesses who opened up before the Justice Hema Committee and later made statements before a State-appointed Special Investigation Team (SIT), leading to the registration of over 25 First Information Reports (FIRs).

“Facing all odds, these women came forward,” Justice Mehta observed orally.

However, the top court clarified the SIT could not unilaterally register FIRs in the cases of women who, after making statements before the Justice Hema Committee, did not want to pursue the matter or initiate criminal proceedings against their alleged perpetrators.

“How can you register a crime without evidence, without witnesses coming forward? We are just saying there is no requirement for registering a crime once the SIT finds there is no witness coming forward with her statement… But, on the other hand, wherever witnesses come forward, the crime must be registered and proceeded according to the law,” Justice Nath addressed the State, represented by senior advocate Ranjit Kumar and advocate Nishe Rajen Shonker.

The court was hearing a petition filed by a film producer, Sajimon Parayil, represented by senior advocate R. Basant and advocate A. Karthik, who claimed the Kerala High Court had in October 2024 directed the SIT to register FIRs on each and every statement made by victims/witnesses to the Justice Hema Committee.

Mr. Parayil questioned the Kerala High Court’s insistence on the registration of the FIRs despite the “disinclination” expressed by the witnesses/victims themselves. The petition said the witnesses and victims were against the SIT taking any action on the basis of their statements to the Justice Hema Committee.