Delhi High Court Refuses To Entertain PIL Alleging Sexual Harassment Of Women In Indian Film Industry

The Delhi High Court on Thursday refused to entertain a public interest litigation (PIL) raising allegations of sexual harassment of women in the Indian film industry.

A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela remarked that a “fishing and roving inquiry” cannot be ordered when there is no complaint by an aggrieved party.

The Court also said that the plea was based on surmises and lacked empirical data and that there was no specific complaint of any individual alleging sexual harassment.

The PIL was filed by one Ajeesh Kalathil Gopi seeking a direction on the National Commission for Women (NCW) to inquire into alleged violations of fundamental and human rights in the Indian Film Industry, while relying on Justice (Rtd) K. Hema Committee Report.

“The report based on primary evidence and direct testimonies from victinns of sexual harassnent in the Malayalam film industry revcals that similar issues persist across both regional and national film industries in India. Till date the Special Investigation Team has registered more than 40 FIRs on the basis of said Hema Committee Report. This underscores the need for a more thorough, authentic study of the broader film industry across the country to identify necessary legislative amendments,” the plea said.

It added that the report reveals that “sexual harassment, assault, abuse and casting couch and sexual slavery” persists within the film industry, thus, emphasizing the urgent need to uphold fundamental rights of women guaranteed under Article 21 and Article 19(1)(g) of the Constitution of India.

Title: AJEESH KALATHIL GOPI v. UNION OF INDIA & ORS

Citation: 2024 LiveLaw (Del) 1341