In a significant development, a Mumbai court has refused to take cognisance of the MeToo allegations made by actress Tanushree Dutta against veteran actor Nana Patekar, citing the complaint was filed beyond the prescribed period of limitation.
The allegations, which first surfaced in 2018, were linked to an incident Dutta claimed took place during the shooting of a song for the film Horn Ok Pleasss in 2008. In her complaint, filed in October 2018, Dutta accused Patekar and three others of harassment and misbehaviour during the filming. The allegations caught national attention, contributing to the widespread #MeToo movement in India, where women across various sectors spoke out about their experiences with sexual harassment.
However, the judicial magistrate, First Class (Andheri), NV Bansal, in his ruling on Friday, noted that the complaint was filed more than 10 years after the incident in question occurred, which exceeds the limitation period as per Indian law. According to the Indian Penal Code, sections 354 (assault or criminal force with intent to outrage modesty) and 509 (insulting the modesty of a woman) are both subject to a limitation period of three years.
The court emphasised that the limitation period is critical to ensuring prompt investigations and prosecutions of criminal offences. It further observed that no application had been filed to explain the delay in bringing forward the complaint. The magistrate expressed concern that allowing such a substantial delay without justifiable cause would undermine the principles of equity and the true spirit of the law.
As part of the investigation, the police filed a 'B-summary' report in 2019, stating that their probe found no evidence to support Dutta's claims. The police also concluded that the FIR was "false." In response, Dutta filed a protest petition, urging the court to reject the B-summary and continue with a further investigation into the allegations.
The court, however, concluded that the matter fell outside the statute of limitations, and as a result, it could not proceed further. The magistrate ruled that the alleged incident could neither be conclusively deemed true nor false, as the case could not be examined due to the legal bar on taking cognizance.
This decision marks a setback for Tanushree Dutta, who had been at the forefront of the #MeToo movement in India. The case remains a significant chapter in the ongoing discourse on sexual harassment in the Indian film industry and the legal complexities surrounding such allegations. The court's dismissal highlights the challenges women face in seeking justice for incidents of harassment that occurred years ago, particularly when the limitations for filing a case have expired.
While the legal process has come to a close, the broader conversations sparked by the #MeToo movement continue to shape societal attitudes toward harassment and gender inequality in various industries.
(PTI inputs)
