It is a national shame that it took several rounds of protests by our women wrestlers before the Delhi Police responded to their allegations of sexual harassment. On April 28, the Solicitor General informed the Supreme Court that it had decided to register a first information report (FIR) on complaints of sexual harassment and misconduct against Brij Bhushan Sharan Singh, president of the Wrestling Federation of India and a sitting member of parliament from the ruling Bharatiya Janata Party.
In law, an FIR is registered on information of a cognizable offence. The government’s submission on April 28 regarding the registration of an FIR is an acknowledgment that a cognizable offence had been committed. What then explains the delay and resistance to filing an FIR in the first instance?
From what is available in the public domain, even a minor has made a complaint, which automatically attracts serious provisions under the Protection of Children from Sexual Offences Act, 2012. The Act mandates that any person who has knowledge that an offence has been committed shall provide such information to the local police and failure to report the commission of such offence is itself punishable.
Additionally, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, makes it obligatory upon an employer to provide a safe workplace, provide assistance to women to file a complaint in relation to an offence under the Indian Penal Code or any other law, and treat sexual harassment as misconduct under the service rules.
When the president of a sporting federation is accused of sexual misconduct, the Indian Olympic Association, the Ministry of Youth Affairs and Sports, the Ministry of Women and Child Development, failed to take appropriate action as mandated by law. The Wrestling Federation of India appears to have abdicated all responsibility that legally accrues when complaints are received.
Reports show that women wrestlers made complaints of incidents of sexual harassment that date back to 2016. The women have alleged that there have been attempts to intimidate and threaten them for lodging their complaints. This incident shows how women continue to face difficulty in registering complaints of sexual harassment at the workplace against those who outrank them in privilege and power. In this case, the person accused is not only the head of the federation but also has the backing of political influence.
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Just a few years ago, the MeToo platform was condemned saying women had not followed due process and it was argued that women had chosen to publicly expose the sexual misdemeanours of their male colleagues and superiors in a way that was not just or fair.
Women used the MeToo platform because there was institutional failure to address their grievances. Ironically, the women wrestlers sought institutional redress, and yet it took a Supreme Court petition to force the Delhi Police into assuring that an FIR would be registered.
It is clear that often, complaints of sexual harassment do not receive redressal or recognition until sustained public action is organised. The courage of women who speak up must be lauded as they often open themselves up not only to social backlash, but even the possibility of defamation proceedings being initiated against them.
It must be noted that the wrestlers protesting are men and women who are putting their sporting careers at risk by making their allegations public. It also invites the following question: if this is the plight of athletes of stature who are able to easily access public platforms, what are the obstacles faced by ordinary women? The issue of sexual harassment of women, it must be remembered, is pervasive and transcends professions and workplaces.
What this incident has also established is that often, an offence of sexual harassment and assault is committed by the same individual and failure to hold him to account results in normalisation of such conduct. The fact that multiple women from the same federation have disclosed instances of harassment at the hands of the WFI president establishes a culpable pattern of sexual misconduct.
Government bodies must be held to a higher standard of accountability in order to renew women’s confidence in the law. This is the responsibility that we have not only to athletes who represent our nation, but also to ordinary citizens.
The writer is a senior advocate at the Supreme Court.