Police are on Brijbhushan's side
THE WEEK India|June 18, 2023
The sequence of events in the wrestlers versus Brijbhushan Singh saga confirms that our laws, including the Protection of Children from Sexual Offences Act, can be made toothless and our criminal justice system easily manipulated.
JUSTICE MADAN B. LOKUR
Police are on Brijbhushan's side

The Wrestling Federation of India does not have an internal complaints committee as mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. No one in authority seems to be particularly concerned about this. The wrestlers, with nowhere to complain, approached the government through the sports ministry. The authorities concerned—after a brief protest by the wrestlers at Jantar Mantar—condescended to set up two committees to look into the affairs of the WFI and the allegations of sexual harassment. The committee reports have not been made public and only an adverse presumption in law can be drawn with regard to the contents of the reports.

Even though complaints of sexual harassment and violation of POCSO are extremely serious cognisable offences, the Delhi Police declined to register an FIR at first. The wrestlers had to petition the Supreme Court of India, no less.

The FIR registered on the complaint of the minor’s father reveals that the offences include aggravated sexual assault punishable under section 10 of POCSO and offences under the Indian Penal Code relating to outraging the modesty of a minor, sexual harassment and stalking. The offence under POCSO is punishable with imprisonment of not less than five years and may extend to seven years.

What is the allegation against the alleged predator? Among other things, while pretending to have his picture taken with the minor, he “deliberately slid his hand down her shoulder and brushed his hands against her breasts”. If this allegation is considered with similar allegations by other wrestlers, it does appear that the accused is a serial predator who is taking advantage of his position of power and sexually exploiting women wrestlers.

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