New Delhi: The Delhi High Court on Thursday (December 12) refused to entertain a Public Interest Litigation (PIL) alleging sexual harassment in the “Indian film industry”, saying it cannot order a roving and fishing inquiry in the absence of a complaint by an aggrieved party.
A bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela refused to accede to the prayers in the petition filed by Ajeesh Kalathil Gopi alleging that sexual harassment was present in the “entire film industry”.
What did the petitioner seek?
The petitioner, while relying on the Justice Hema Committee report, which highlighted sexual exploitation faced by female actors in the Malyalam cinema, sought a direction to the National Commission for Women (NCW) to conduct an inquiry into alleged violation of fundamental and human rights in the “Indian film industry” as well.
We will not direct any roving and fishing inquiry: High Court
The bench, while noting that the plea was based on surmises without any empirical data, told the petitioner that the complaint should come from a survivor and it would examine the matter when there is a complaint in this regard and it cannot direct any roving and fishing inquiry.
“We will examine when there is a complaint. Your petition is structured on the report of the Justice Hema Committee which is being looked into by another court,” the bench said and added, “we will not direct any roving and fishing inquiry”.
“The writ petition does not set out any specific complaint of any particular person of sexual harassment, for which no remedy is available.. In the given circumstances, we don’t consider it apposite to accede to the prayers in the petition,” the bench further added, news agency PTI reported.
Hema Committee investigated gender discrimination and sexual harassment in Malayalam cinema
The Hema Committee, which investigated gender discrimination and sexual harassment in Malayalam cinema, submitted its report to the Kerala Government in 2019, however, the report was not made public. Following an order by the Kerala High Court upholding the Kerala State Information Commission order, the report was released to RTI applicants in August this year with some information redacted to protect the privacy of persons mentioned in the report.
