By Sanjay Raman Sinha
The streets of Delhi were filled with anger and indignation as thousands of protesters led by India’s top wrestlers raised slogans for the arrest of Wrestling Federation of India President Brij Bhushan Sharan Singh for his alleged sexual assault of young female wrestlers. Seven women wrestlers—including one minor—have filed police complaints against Singh. Two FIRs have been filed in the case, including one under POCSO, but no arrest has been made so far. The protesters have accused the government and the police of shielding Singh. The police is yet to act on the complaints and question him. In fact, the police complaint was filed after the Supreme Court reprimanded the police for its lax behaviour in the face of complaints. Thereafter, the police registered the FIRs. However, the probe is yet far from satisfactory. The wrestlers have now asked for a narco test of the accused.
Sexual harassment cases are no news for Indian sports federations. Off and on, such scandals keep tumbling out of the closet. However, lack of internal mechanism to curb such sexual assaults is shocking. A report by The Indian Express says that 45 complaints of sexual harassment have been registered in the past 10 years. Out of these, 29 complaints have been filed against coaches.
In February 2019, a parliamentary committee constituted for the empowerment of women indicated that incidents of sexual harassment in sports can be higher as they often go unreported. The MC Mary Kom-led committee formed by the government (sports ministry) to look into the allegations of sexual harassment against Singh has flagged the absence of Internal Complaints Committee mandated by the 2013 Prevention of Sexual Harassment (PoSH) Act as a major finding.
On May 4, an investigative report by The Indian Express revealed that the wrestling body wasn’t the only one overlooking the law. Sixteen out of 30 sports federations did not have a fully-compliant Internal Complaints Committee. Meanwhile, the National Human Rights Commission has issued notice to sports ministry over the absence of Internal Complaints Committee for looking into sexual harassment complaints.
Arjuna awardee and ten times national champion Rohtas Dahiya has been a senior sports officer with the Indian Railways. He has nurtured many young talents. Speaking to India Legal, Dahiya said: “It is unfortunate that despite the Supreme Court order, sports bodies have not constituted internal committees as mandated by the PoSH Act.”
The PoSH Act, 2013, makes it mandatory for employers to provide a safe and secure work environment for female employees. The main provisions of the Act include:
- Employers must constitute an Internal Complaints Committee in their organisations to address complaints of sexual harassment.
- The Internal Complaints Committee. should contain at least three members from the workplace.
- The law requires any employer with more than ten employees to form an Internal Complaints Committee which can be approached by any woman employee to file a formal sexual harassment complaint.
- Every employer is required to display a notice in the organisation providing details of the protection given to female employees against sexual harassment.
- A woman must head the ICC; at least half of its members should be women.
- Employers must take steps to prevent sexual harassment and ensure that the victims are not victimised or discriminated against.
- Employers must provide necessary support and assistance to the complainant and make arrangements for her work in case she has to be transferred.
The concern that if a senior member of the organization is involved in sexual harassment it would become difficult for the subordinate member to complain is also an important factor and may often lead to hushing up of a case. In the sporting arena, the role of a coach becomes doubly critical. He is expected to maintain physical and emotional proximity with individuals who train under him. By his powers to train and select, he can manipulate players.
The PoSH Act also lists down five situations that would constitute sexual harassment if they are linked to the following acts:
- Implied or explicit promise of preferential treatment in employment.
- Implied or explicit threat of detrimental treatment in employment.
- Implied or explicit threat about present or future employment status.
- Interference with work or creating an intimidating or offensive or hostile work environment and humiliating treatment likely to affect health or safety.
On March 15, 2012, the Supreme Court bench, comprising Justices Hima Kohli and AS Bopanna, had directed the Union, states and Union Territories to verify whether ministries, departments, government organisations, authorities, public sector undertakings, institutions, bodies, etc., had constituted Internal Complaints Committees. They were given eight weeks to file affidavits in the apex court. Had the exercise been taken up with serious concern, the sports bodies wouldn’t have been bereft of such committees.
Meanwhile, the Delhi Police is treading softly in the case. After the apex court’s intervention, the police had filed two FIRs against Singh. The first FIR was registered under the POCSO Act along with relevant sections of the Indian Penal Code based on allegations by one of the women wrestlers who is a minor. It is a non-bailable offence. The second FIR was registered for carrying out a comprehensive probe into complaints lodged by the other women wrestlers under sections relating to outraging of modesty. This too is a cognizable and non-bailable offence. Singh has three non-bailable charges against him yet the police is soft footing the case. “A Special Investigation Team has been set up to probe sexual harassment charges against Singh,” said Dahiya.
Meanwhile, in an apparent retaliatory move, a criminal complaint has been filed before the Patiala House Court, Delhi against wrestlers Vinesh Phogat, Bajrang Punia and Sakshi Malik for pressing “false allegations” of sexual harassment against Singh, and for “hate speech” against Prime Minister Narendra Modi. The Court has agreed to hear the petition.
As the battle goes on in courts and on the streets, a big question mark hangs over the plight of female players in sports bodies of India which have openly cocked a snook at the Supreme Court guidelines and made the sporting arena an unsafe place.
Important verdicts related to PoSH Act, 2013
- Vishaka and others vs State of Rajasthan
The Bhanwari Devi case recognized sexual harassment as a form of gender-based violence and established legal remedies for its prevention and redress.
- Medha Kotwal Lele & Ors vs Union of India & Ors
The Medha Kotwal Lele case is significant as it provided guidance on the Act’s application in practice.
- Tuka Ram And Anr vs State of Maharashtra
The Mathura case is significant because it established the principle that a woman’s consent to sexual intercourse must be obtained through clear and voluntary communication.
- State of Maharashtra vs Madhukar Narayan Mardikar
The Mardikar case is significant because it established the principle that the police have a duty to protect the rights of individuals in their custody and they are liable for any violations of those rights.
- Independent Thought vs Union of India and Anr
The Independent Thought case is significant because it established that the rights of children, including the right to protection from sexual exploitation and abuse, must be given priority.