Can sexual harassment cases be pursued by "proxy"? asks HC

The Bombay High Court Tuesday sought to know if sexual harassment cases can be pursued by "proxy" when the victim says she does not wish to continue with the case.

The query was posed by Justice Shahrukh Kathawalla while hearing an application filed by film director Vikas Bahl, facing accusations of sexual harassment.

In the plea, Bahl has sought the high court direction to his former partners and directors Anurag Kashyap, Vikramaditya Motwane and Madhu Mantena to refrain from speaking to the media or posting on social media anything about the case in which a female employee of their erstwhile production house has alleged she was sexually harassed by Bahl in 2015.

The accuser Tuesday submitted a statement in the court, saying she does not wish to pursue the case against Bahl, but stands by her allegations against him.

Bahl has also filed a defamation suit against the trio and sought Rs 10 crore in damages from them for "ruining" his reputation.

The woman's counsel, Navroz Servai, submitted her statement, saying she stands by her allegations against Bahl, but wants to "forget about the same and walk away from all of this".

"Although, presently the woman does not intend to pursue the allegations by lodging a complaint, but if she wants to do so in future then this statement submitted today cannot be used against her," Servai told the court.

The court then questioned if in such a situation others can continue talking about the alleged incident, which came to light during the #MeToo movement.

"The woman is saying she wants to forget. Should we not respect her wishes then?. Why should others like the defendants (Kashyap, Motwane and Mantena) keep talking about it?" Justice Kathawalla asked.

To this, Servai said the woman does not mind if others talk about the issue.

Expressing displeasure at this, Justice Kathawalla said, "The woman does not want to do anything, but wants others to do it. Can such cases be pursued by a proxy?"