On Thursday, the Delhi High Court dismissed a public interest litigation (PIL) that sought directions from the National Commission for Women (NCW) to investigate human rights violations faced by women artists in the Indian film industry. The petition called for an inquiry into sexual harassment and exploitation within the industry, following the findings of the Justice Hema Committee, which the Kerala government had set up to study the issues faced by women in the Malayalam film industry.
The PIL, filed by advocate Ajeesh Gopi, was prompted by the Justice Hema Committee’s recently published report, which uncovered widespread sexual harassment, exploitation, and casting couch practices in the Malayalam film industry. The report also led to several sexual harassment complaints filed by women working in Malayalam cinema. In light of this, the petition argued that women in the film industry lacked adequate legal protections, particularly in informal employment, and that internal complaints committees to handle harassment cases were absent.
The PIL further claimed that “sexual slavery” continues to persist in the industry, severely limiting women’s ability to practice their profession safely and freely. It also pointed to legislative gaps that fail to offer sufficient safeguards for women in such employment sectors.
The court, however, dismissed the PIL, stating that it was based on presumptions rather than empirical evidence. The bench, comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela, noted that the petitioner’s claims lacked concrete data to substantiate the allegations. The court acknowledged that the K. Hema Committee report had already led to complaints and some actions being taken. The bench remarked that the PIL was built on “surmises without any empirical data,”; therefore, it was not appropriate to direct a broader inquiry.
The petition also requested that the Kerala government submitted the complete, un-redacted version of the Justice Hema Committee Report before the Delhi High Court and asked the NCW to recommend amendments to the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act (POSH Act). The petitioner argued that the Act needed to be amended to better address gender-based discrimination, exploitation, and sexual harassment in the film industry. In addition, the PIL called for the NCW to undertake a comprehensive study on the need for legislative reforms to safeguard women working in the film industry.
Despite the concerns raised in the petition, the court maintained that it could not order a “roving and fishing enquiry” without substantial evidence. The bench further emphasized that the petition’s claims had not been substantiated with empirical data, ultimately leading to the PIL’s dismissal.