The Delhi High Court on Thursday refused to examine
a PIL raising allegations of sexual harassment in the "Indian film
industry".
A bench of Acting Chief Justice Vibhu Bakhru and
Justice Tushar Rao Gedela said in the absence of a complaint by an aggrieved
party, it couldn't order a "roving and fishing" inquiry.
The petitioner, who relied on the Justice Hema
Committee report with respect to instances of sexual exploitation in the
Malayalam film industry, sought a direction to the National Commission for
Women to inquire into the alleged violation of fundamental and human rights in
the "Indian film industry" as well.
"We will examine when there is a complaint.
Your petition is structured on the report of Justice Hema Committee which is
being looked into by another court," the bench said, "we will not
direct any roving and fishing inquiry".
The petitioner, Ajeesh Kalathil Gopi, alleged that
sexual harassment was present in the "entire film industry" and he
has even made complaint to relevant authorities in this regard.
He also sought the report of the committee be
produced verbatim to ensure transparency.
The court, however, said the complaint should come
from a survivor and noted the "entire petition was based on surmises
without any empirical data".
It said action was initiated on the basis of the
report by Justice Hema Committee, constituted after complaints were made by the
aggrieved parties.
"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 court ordered.