The Kerala High Court on Thursday directed the state government to submit the entire Hema Committee report in a sealed cover by September 10. This order was issued during a public interest litigation (PIL) hearing, which called for criminal action against individuals allegedly involved in sexual exploitation within the Malayalam film industry. The court underscored the significance of the report’s findings, raising questions about the government’s next steps to address the issues outlined. Since the release of the report, which was necessitated by the relentless pursuit of accountability by State Information Commissioner Dr AA Abdul Hakim, revelations have been sending shockwaves through the Malayalam film industry, leading to the resignations of several industry veterans from various bodies.
The Hema Committee was established in 2017 to investigate the challenges faced by women in the Malayalam cinema industry, especially in the wake of a sexual assault case involving actor Dileep. The committee was chaired by retired High Court judge Justice Hema, along with veteran actor Sharada and former IAS officer KB Valsala Kumari. Their report, which was submitted in 2019, brought to light the pervasive sexual harassment experienced by women in the industry. It particularly highlighted incidents where female actors faced unwanted advances before even beginning work.
This is big. We should also acknowledge the fact that Kerala’s State Information Commission bravely ordered disclosure of the Report under RTI Act 2005. https://t.co/gXEtWa6pWb
— Saurav Das (@SauravDassss) August 25, 2024
Despite its submission, the report was withheld from public scrutiny for years, sparking considerable controversy. The government cited confidentiality as the reason for withholding the report, stating that many of the individuals who testified did so under the condition of anonymity. However, this stance led to multiple appeals and queries under the Right to Information (RTI) Act.
Information Commissioner Dr AA Abdul Hakim’s Role
Central to this legal saga is Dr AA Abdul Hakim, Kerala’s State Information Commissioner, who ordered the release of the Hema Committee report while ensuring that individuals’ privacy is maintained. On July 5, 2024, Dr Hakim directed the State Public Information Officer (SPIO) to share the report with redactions for sensitive personal details, ensuring compliance with the RTI Act. His orders required that no information leading to the identification of individuals be disclosed.
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Dr Hakim’s directive marked a critical juncture in the ongoing struggle for transparency surrounding the Hema Committee’s findings. He emphasised that the report should be made available in a manner that upholds the principles of the RTI Act, while also safeguarding the privacy of those involved.
The government had previously resisted calls for the report’s release, with the Department of Cultural Affairs repeatedly denying requests. The resistance persisted despite Chief Minister Pinarayi Vijayan’s assurances that the report was not being deliberately withheld. However, the government’s reticence became evident during hearings conducted by the Information Commission.
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Dr Hakim’s tenacity forced the government’s hand. Following multiple hearings between February and May 2024, during which the government cited reasons such as awaiting legal advice and ministerial opinions, Dr Hakim issued a final ultimatum. The government was warned that failure to submit the report in a sealed envelope could result in further judicial action, including potential arrest of non-compliant officials under RTI provisions. Finally, the report was handed over.
Controversy and Redactions
The controversy did not end with the submission of the report. Upon its release, the Kerala government redacted 11 paragraphs from the report without consulting the State Information Commission, according to a report by Manorama News. Pages 49 to 53, as well as sections from pages 81 to 100 and 165 to 196, were excluded. These omissions further fuelled public debate over the transparency of the process.
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The State Information Commission had previously stipulated that personal details be removed from the report before release, adhering to the confidentiality provisions in Section 11 of the RTI Act. However, the additional redactions by the government, which were not recommended by the commission, raised concerns over the extent of transparency in handling the report.
A Relentless Pursuit of Accountability
Dr Hakim’s assertive approach to enforcing RTI compliance has positioned him at the centre of the debate around the Hema Committee report. Earlier in 2023 Dr Hakim was in news when he directed two government servants to write an imposition for failing to provide personal details in response to RTI requests, demonstrating his commitment to upholding RTI norms.
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He has been in the position for a year and a half and he has been on a relentless pursuit of accountability with the maximum his position can offer in delivering justice to the last man standing. His endevours have brought many people’s necessities including the reservation rotation chart for recruitment in Kerala University of Science and Technology (KUSAT), the score sheet of recruitment interview Kottayam Mahatma Gandhi University, eligibility of those officials who are engaged in the valuation process of PSC recruitment among others into public domain. He also managed to bring Nirmiti Kendra, Kudumbashree, Kerala Bank, Unaided Educational Institutions etc. under the purview of RTI Act.
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Born in Kayamkulam’s Kottukulangara to Kadayil Aboobacker Kutty Naha and Salma Beevi, Dr Hakeem excelled in all areas including in studies and all the fields he reached. In his professional career, he had worked as Information Officer and Regional Head in various districts. He had also held the positions of Kerala Media Academy Secretary and Indian Institute of Mass Communication Special Officer, and was a teacher at Kayamkulam MSM College and Markaz Arts College, Kozhikode. He was in charge of the publicity of Paloli Muhammadukutty, who was a minister. Retired as Additional Director, Information Public Relations Department, Dr Hakeem has won the Kerala government’s Good Service entry awards three times. He was appointed as the Information Commissioner while he was the Director of Markaz Knowledge City, Kozhikode.
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(With inputs from Mediaone)