Wednesday, August 14, 2024

Hema panel report: discussion in public domain essential, says HC

The Hindu: Kochi: Wednesday, 14 August 2024.
The Kerala High Court on Tuesday observed that if the measures initiated by the government to alleviate the grievances regarding harassment and discrimination raised by women working in cinemas are to attain finality by implementation of the recommendations of the Justice Hema Committee, there has to be debates and discussions in the public domain, prompting the State government to act expeditiously. Justice V.G. Arun made the observations while dismissing a plea against the State Information Commission’s order to make public the Justice Hema Committee report with redactions. The court added that it can be achieved only by understanding the reasons that had led to the recommendations in the report. The media has a major role in initiating such discussions. Therefore, the apprehension that the applicants under the RTI Act may utilise the report to malign individuals is misplaced. The court further observed that the conflict between the two rights, information and privacy, can lead to complex ethical dilemmas and legal imbroglio. In the case at hand, there is no such conflict, the State Information Commission having incorporated sufficient safeguards in its order to ensure that the privacy of individuals is not breached by issuing copies of the redacted report. The court added that the State Information Commission, after careful scrutiny of the document, had vouched that the privacy and anonymity of third parties will not be compromised. The court further observed that even though the learned counsel for the petitioner had elaborately argued about the exemptions, particularly section 8(1)(j)of the Right to Information Act, the contentions lose significance when compared to the public interest involved in disclosing the contents of the report.
The vociferous request by the members of the Women in Cinema Collective, at whose request the Justice Hema Committee was constituted and the State Women’s Commission, the body constituted to uphold women’s rights, in support of the order is an indication of the public interest involved.