It is in this content that the report opens with the line “The sky is full of mysteries, with the twinkling stars and the beautiful moon. But scientific investigation revealed that the stars do not twinkle, nor does the moon look beautiful. Do not trust what you see; even salt looks like sugar.” The said statement denoted the widespread culture of sexual harassment prevailing in the Malayalam and the fear of retaliation that the women face, underscoring that while the sky may seem full of mysteries with its twinkling stars and beautiful moon, scientific scrutiny reveals that stars don’t actually twinkle, nor is the moon inherently beautiful. Similarly, the film industry, though appearing glamorous on the surface, hides grim truths beneath its veneer. 

The delay in the release of the report and the industry control

The Justice Hema Committee, chaired by retired Kerala High Court Justice K. Hema, was established in 2017 following the kidnapping and assault of an actress, a crime allegedly orchestrated by actor Dileep out of personal vengeance. The actress-victim who has worked in Tamil, Telugu and Malayalam films was allegedly abducted and molested in her car for two hours by some of the accused, who had forced their way into the vehicle on the night of February 17, 2017 and later escaped in a busy area.

From 2017 to 2019, the committee conducted confidential, on-camera interviews with men and women across various roles in the Malayalam film industry, known as ‘Mollywood.’ To gain firsthand insight into the working conditions for women, committee members also visited the set of the 2019 film Lucifer. Despite the committee’s extensive investigation, the report was delayed by five years before finally being released.

In December 2019, they had submitted the findings to the Kerala Government but the report was not made public for so long. On July 6, 2024, the State Information Commission (SIC) passed an order directing the Kerala government to issue the committee report to RTI applicants before July 2, 2024 after redacting information that could identify individuals mentioned in the report, as prohibited under the Right to Information (RTI) Act. Petitions seeking were the stay of the publication were then moved in the Kerala High Court, which further delayed the publication.

On August 19, 2024 earlier on the day of its publication, the Kerala High Court had dismissed a plea by actor Ranjini, who sought to block the report’s release. The report, now public, unveils disturbing practices within the industry, such as the prevalence of “compromise” and “adjustment,” terms used to pressure women into sexual encounters in exchange for roles. It also highlights the control exerted by a powerful group of 10-15 key individuals in Mollywood, who can effectively blacklist anyone who defies them. The committee found that the experiences of many women in the industry were so traumatic that they hadn’t even shared them with close family members. The report paints a grim picture of an industry plagued by coercion, lack of basic facilities like toilets and changing rooms, and a power structure that stifles dissent. It is essential to note that the report had been published after removing 63 pages from the 295-page document that could compromise individuals’ privacy.

What does the report entail?

Women who came forward to the Justice Hema Committee shared that harassment in the Malayalam film industry often begins at the very first step—when seeking work. . The report underscores that harassment begins as soon as a woman seeks a role in the industry, with insiders perpetuating the idea that successful women are those who are willing to make compromises. Typically, a woman’s entry into the industry is facilitated by a production controller or an insider offering her a role.

The report specifically states that the women who spoke to the Committee highlighted a significant difference between sexual harassment in the film industry and other sectors. As per them, this distinction lies in the fact that an aspiring female actor’s very entry into the profession often hinges on her willingness to comply with sexual demands. This fundamental issue sets the film industry apart, making the harassment within it particularly pervasive and damaging.

A culture of compromise and control: The report provides that the Mollywood industry operates on a system of “compromise” and “adjustment,” where women are often expected to trade sexual favours for roles or career advancement. These terms, familiar to most of the women in the industry, are euphemisms for being expected to be available for sex on demand, as the report reveals. One survivor recounted that this “demand for sex” could come from anyone in the industry—whether an actor, producer, director, or production controller. The report notably refers to this survivor as a “girl,” suggesting that she might have been a minor at the time. The “girl” was told that in order to secure an opportunity in the industry, she too would need to make such “adjustments” and “compromises.” The report further highlights that aspiring female actors are often manipulated into sexual exploitation, being misled into believing that successful women in the industry achieved their status only by agreeing to such demands. Tragically, by the time many women realize they have been trapped, it is often too late to escape.

Unsafe working conditions: The committee also found that women working in the Malayalam film industry are often denied basic amenities like toilets and changing rooms on set, especially during outdoor shoots. Women are forced to find secluded places, like forests or behind bushes, to relieve themselves, sometimes changing under the cover of a cloth held by others. This lack of facilities often leads women to avoid drinking water to prevent the need to relieve themselves, which can cause physical ailments. This issue affects not only actresses but also junior artists and support staff like stylists. Despite the prevalence of these problems, caravans are only provided for the exclusive use of leading actresses.

Closed doors and continuing silence: The report uncovers the deeply ingrained male dominance in the Malayalam film industry, often referred to as a “Boys’ Club.” This culture manifests with late-night gatherings where men discuss scripts and upcoming projects, frequently over drinks. The report shows how these meetings often drift from professional matters into crude jokes with sexual overtones, reflecting the pervasive masculinity within the industry.

The report also emphasises upon the pressure that women within the industry faced, forcing them to keep silent about the harassment they were facing. As per the report, despite their courage, many women were hesitant to reveal their experiences of harassment. Their reluctance stems from two primary fears. First, they worry that speaking out could result in being blacklisted from the industry and subjected to further harassment, as the powerful figures involved are likely to be shielded by their male peers. Second, they fear online harassment, knowing that influential men in the industry might deploy their fan clubs to launch vicious attacks against them, using vulgar language and explicit content to demean and silence them.

Some women even faced threats to their safety or that of their families, contributing to a culture of silence. The report emphasizes that this silence is maintained by a “fear psychosis” fuelled by the power dynamics within the industry. Witnesses reported to that committee that no one dares to challenge these powerful men, as doing so could lead to being labelled a “troublemaker” and losing future work opportunities. The report also highlights an “unwritten rule” in the industry that those who confront misconduct and fight for their rights are often ostracized.

Blatant demands and expectations of sexual favours: As per the report, many women who spoke to the committee revealed that a prevalent attitude among men in the film industry is the assumption that women who agree to perform intimate scenes on screen are equally willing to engage in similar behaviour off-screen. As a result, these men often make blatant sexual demands, showing little hesitation or embarrassment.

Even when women voice their discomfort and reject these advances, the report indicates that the men often persist, promising “more chances” in films as a form of coercion. This predatory behaviour particularly targets newcomers, some of whom, according to the committee, end up being sexually exploited. The committee was also provided with various forms of digital evidence, including audio recordings, video clips, and screenshots of WhatsApp messages, all of which demonstrated how certain individuals in the industry manipulated women into sexual encounters.

Not isolated incidents: The report states that the prevailing culture in Mollywood deters many women for whom working in cinema has been a lifelong passion, a dream finally within reach. However, the exploitation they face has led some to turn down offers they might otherwise have accepted.

The report also negated the claims made by a few men to the committee which stated that women only encounter these issues when they respond to “fake advertisements.” It was the committee’s analysis of the evidence confirmed that sexual harassment occurs even at the hands of “very well-known people in the film industry,” who were named during the proceedings.

Although the report redacted specific details of these instances, it did recount one woman’s traumatic experience on a film set following such an incident. The day after she was harassed, she had to perform scenes with the same man, portraying a married couple embracing each other. Her anger and resentment, a result of the assault, were evident in her expression during filming, leading to seventeen retakes for a single shot. The director criticized her for this, highlighting the emotional toll of such exploitation.

Unsafety during outdoors shoots, forcing women asking parents or relatives to accompany: Women interviewed by the Committee revealed that they often bring parents or relatives to film sets due to the pervasive fear of sexual exploitation. This fear is particularly pronounced during outstation shoots, where accommodations are provided far from home.

The report notes that in many of these hotels, intoxicated men from the film industry frequently knock on the women’s doors late at night. These knocks are not gentle or courteous but rather forceful and persistent, causing the women to fear that the door might eventually give way and that the men would forcibly enter their rooms. This troubling behaviour has made many women feel unsafe staying alone in these accommodations.

Lack of redressal mechanism: The report showed that this enforced silence is not just cultural but structural. The Committee discovered that women have endured harassment since the industry’s inception, yet there has never been a formal grievance redressal system. In rare cases when a woman does report harassment to a producer, the accused actor or director is often retained if they are considered financially valuable, prioritizing profits over justice.

One witness described how, when a woman reports harassment by a director to her colleagues, she is typically advised to stay silent and “compromise” for the sake of the film. In contrast, male superstars, directors, and producers often act without consequence, protected by their status and influence.

The report also recounts a particularly distressing experience of a female actor cast in a lead role. During initial discussions, the director mentioned an intimate scene but withheld specific details despite her repeated inquiries. He assured her that nothing would occur without her consent. However, after three months of preparation, the director revealed that the scene would involve nudity and a kiss, leaving her feeling coerced into performing it. She ultimately walked away from the project without claiming her pay, sending a message to the director expressing her loss of trust. The director then threatened to retain the intimate scenes unless she personally travelled to Kochi. The report underscores the need for a formal redressal mechanism, noting that a written contract could have prevented this situation.

Before the establishment of the Women in Cinema Collective (WCC), fear kept stories of abuse hidden even among women. The WCC created a confidential WhatsApp group, providing a safe space for women to discuss their concerns and share their experiences of sexual harassment—stories they often felt unable to disclose even to their families. Many women’s families were already hesitant to support their careers in an industry notorious for mistreating women, making the WCC an essential platform for addressing these long-standing issues.

The power nexus and its consequences: The report further points to the existence of a powerful group of producers, directors, and actors who exert significant control over the industry. This group, described as a “criminal gang,” can blacklist or ban individuals who refuse to comply with their demands. As per the report, this group controls the industry with an iron fist, often resorting to blacklisting or banning those who do not conform to their rules. These bans are typically enforced through secret, unwritten agreements, making it difficult for those targeted to seek recourse. The report suggests that even outspoken women in the industry hesitate to reveal their experiences of harassment, fearing that they will be subjected to online harassment or even physical threats.

However, the committee report also acknowledges that not all men in the Malayalam film industry contribute to its negative reputation, and that the evidence suggests that several “highly respectable men” have played a role in creating a safer environment for women. While specific names were redacted in the report, it did mention a cinematographer and a director as examples of those who upheld professional integrity. However, the report also notes that some men attempted to downplay the issue of sexual harassment by arguing that it is not unique to the film industry and occurs in other fields as well. They suggested that the problem in cinema should not be exaggerated. 

Recommendations for Reform

The revelations from the Justice Hema Committee report have triggered widespread concern and discussion, exposing a disturbing culture of exploitation, gender inequality, and abuse of power in the Malayalam film industry. The findings highlight an urgent need for systemic reforms to protect the rights and dignity of women working within this sector.

The committee identified at least 17 different forms of exploitation faced by women across 30 categories of work in the industry. These include sexual demands made toward women trying to enter the field, incidents of sexual harassment, and various forms of abuse and assault. Additionally, the report draws attention to issues related to transportation and accommodation, which further contribute to an unsafe working environment for women.

In response to these findings, the committee has recommended the creation of an independent tribunal to specifically address cases of harassment and exploitation within the industry. This tribunal, to be chaired by a retired district judge, would have the authority to impose penalties on those found guilty of harassment, denial of basic amenities, or other forms of mistreatment. The committee also emphasizes the need for mandatory formal working contracts for all industry personnel, including junior artists, to ensure transparency in payment and working conditions.

Related:

Caste and Indifference: Two separate incidents of rape against minor Dalit girls in UP and Bihar receive no media coverage, protest or outrage

India’s cry for justice: The brutal Kolkata rape-murder of a young doctor has ignited nationwide protests on the eve of the 78th Independence’s Day

India’s flawed rape laws: a betrayal of equality

Minor Dalit girl gang raped after promise of marriage

Gadchiroli: Four-and-a-half-year-old tribal girl raped by peon of a primary health unit, physicians missing, left bleeding for several hours without medical attention

The post The illusion of the glamourous Malayalam cinema falls apart: Justice Hema Committee report provides insight into systematic harassment and exploitation of women actors appeared first on SabrangIndia.

The move followed an application by the Special Investigation Team (SIT) that was formed to investigate Prajwal’s alleged atrocities on women, as per local media reports. The said SIT had been formed on the recommendations of Karnataka State Commission for Women chairperson Nagalakshmi Chowdhary.

Previously, a Blue Corner notice had been issued against Prajwal Revanna. A blue notice permits Interpol to gather details regarding an individual’s identity, whereabouts, or actions linked to a criminal inquiry. Karnataka Home Minister, G Parameshwara had earlier provided that the state government has requested Interpol’s help in repatriating Revanna, as per a report of the Hindu.

Brief background of the case:

Electronic devices like pen drives and CDs had emerged in the public domain on April 21, ahead of the April 26 Hassan parliament poll, which had suggested that Prajwal Revanna, the Hassan MP, had allegedly carried out sexual assaults on several women in Hassan and recorded the attacks on his phone camera. It is to be noted that as many as 2,900 files with videos and images of the sexual encounters of the MP were found in the pen drives that were leaked. A helpline had also been set up by the SIT to report incidents of attack by the MP. At present, a total of three cases of sexual assault have been registered by three women against Prajwal Revanna.

On May 13, JD(S) leader and Karnataka Member of Legislative Assembly (MLA) HD Revanna was granted conditional bail by Bengaluru court. The said bail was granted by the Special court in connection with a kidnapping case linked to sexual abuse allegation against him and his son Prajwal. The said MLA had spent after seven days in jail after four-day police custody.  While granting bail, Judge Santhosh Gajanana Bhat had imposed conditions that required the accused to furnish a bond for Rs 5 lakh, along with two sureties. In addition to this, H D Revanna has been barred from leaving the country, entering KR Nagar in Mysuru district, and interacting with the witnesses. He has also been asked to cooperate with the SIT investigation.

Blame games and leaked audios- political angle to a case of sexual violence against women

Reaction of Janata Dal (Secular) party supremo Deve Gowda: Since the breaking out of this news, a deafening silence had been maintained by many. Finally, on Saturday, H. D. Gowda broke his silence over the charges levelled against Revanna and stated that he has no objection if action is taken against his grandson in such case that he is found guilty.

However, H.D. Gowda maintained his stance that the said case as well as the allegations levied against his son and grandson are false and fabricated. As per a report of the Hindu, H.D. Gowda stated that “… I don’t want to comment on things that are going on in the court regarding Revanna. Prajwal Revanna has gone abroad, regarding that Kumaraswamy (Gowda’s other son and state JD(S) chief) has on behalf of our family said it is the duty of the government to take action in accordance with the law of the land.”

Furthermore, he said that “There are several people connected to this (sexual abuse cases), I don’t want to take anyone’s names. Kumaraswamy has said that for those who are involved in this matter, action should be taken against all of them, and the affected women should get justice and compensation. There is no objection from us for taking action against Prajwal. But people have come to know (facts) about the allegations made against Revanna, and how the case has been created. In one case he has got the bail, in another case, there is a judgment the day after tomorrow… I don’t want to comment on it.”

Leaked audio suggests political angle: On May 19, a new audio went viral in which two BJP party leaders can be heard having a conversation regarding leaking of the now leaked videos and the consequences it might have on the survivors’/victims. L.R. Shivarame Gowda (BJP) is allegedly heard trying to convince Devaraje Gowda (BJP) to distribute pen drives containing the obscene videos allegedly involving Prajwal Revanna. As per multiple media reports, during the said conversation, L.R. Shivarame Gowda (BJP) was asking Mr. Devaraje Gowda to “distribute the pen drives and pass on the blame for it on former Chief Minister H.D. Kumaraswamy [JD(S)] as a case of the latter wanting to promote his son.”

As per a report of the Hindu, in the audio, L.R. Shivarame Gowda (BJP) was allegedly convincing Mr. Devaraje Gowda (BJP) to hand over all the videos pertaining to the case to him by saying: “Do not underestimate Mr. Kumaraswamy, former Prime Minister H.D. Gowda and his family. The government is determined to ruin their lives. I am wondering why Mr. H.D. Gowda has not committed suicide till now.”

While convincing Devaraje Gowda (BJP), Shivarame Gowda (BJP) can then be heard asking to not worry much about consequences of distributing pen drives. “What is wrong about sharing the videos?” he asks in the audio clip. Upon Devaraje Gowda (BJP) pointing out the impact that the leaked videos will have on the lives of the survivors/victims, L.R. Shivarame Gowda (BJP) is heard telling him that Union Home Minister Amit Shah (BJP) recently said in Chennai that Karnataka is not a safe place for women.

JD(S) brings in the angle of conspiracy: As the leaked audio hit the social media and news, the JD(S) raised a serious allegation against the current State Congress government, stating that they hatched a conspiracy to take away the life of former Prime Minister H.D. Gowda.

In furtherance to this, the party, which is an ally of the current ruling Bharatiya Janata Party (BJP), alleged that State Congress president Mr. Shivakumar is the “original owner of the pen drive factory,” accused him of leading the “sleeper cell” of pen drive distribution.

As per the JD(S) party, a total of four conspiracies lie behind the whole sexual violence case, which involve bringing discredit to Prime Minister Narendra Modi, tarnishing the image and leadership of Mr. Kumaraswamy, breaking the JD(S)-BJP alliance and plotting to kill Mr. HD Gowda.

Only a day before this, on May 19, Devaraje Gowda (BJP) had claimed that the deputy Chief minister D.K. Shivakumar was offered a sum of 100 crore to accuse Mr. Kumaraswamy of masterminding the circulation of pen drives.

Related:

JD(S) leader HD Revanna, accused of allegedly kidnapping a survivor of sexual assault by son Prajwal Revanna, granted bail

NDA candidate Prajwal Revanna accused of sexually exploiting and videotaping thousands of women

Report card: BJP and crimes against women

The post Prajwal Revanna sexual violence case: Arrest warrant against Revanna issued by court, JD(S) decries political conspiracy appeared first on SabrangIndia.

Here’s a look this International Women’s Day:

The year 2023 was marked by visible and substantial protests against sexual violence that were sustained by an active social media and citizenry, with legacy, traditional media also then offering coverage. The absence of sustained “follow-up” or demands for institutional accountability however regrettably meant that real justice was not served. Women continued to protest, however.

In 1997, the Indian Supreme Court introduced the Vishaka guidelines. This provision did not come without the violence inflicted by women of the most marginalised castes. This pivotal movement traces its roots to the resistance of Bhanwari Devi, a Dalit woman employed by Rajasthan government’s Women’s Development Programme. In 2018, Citizens for Justice and Peace did this pivotal interview with her, Bhanwari Devi the pioneer of the women’s movement against sexual harassment at the workplace.

Women in India today continue to struggle for dignity, safety and an end to sexual violence, as one can see in the case of stories that have come up from Sandeshkhali, West Bengal or the unresolved complaints of India’s women wrestlers! July 2023 was marred by the horrific video of women in Manipur being subject to targeted rape and violence (while the video surfaced on July 19, 2023 compelling the Supreme Court to take suo moto cognisance, the incident from way back in May 2023 had not seen robust with the police authorities failing the investigation. Marginalised women continue to bear the brunt of violence, as they face violence on multiple fronts, on the basis of their identity as women, on the basis of their class, and their other intersecting identity such as caste or religion which may make them more susceptible to violence.

For instance, in Dalit women in India face the triple burden of caste, class and gender. The ghastly case of Hathras in western UP from July 2020, where a young Dalit woman suffered brutal gang-rape and was assaulted to death in field by men from privileged castes. The victim was denied a dignified burial as the police performed the last rites even, as per reports, she was cremated forcibly by the police without any consent of her family. The final blow was dealt when on March 2, 2023, the Sessions Court on March 2, 2023, only partially held one accused guilty, delivering a cruel blow to the quest for substantive justice. Statistics suggest that at a daily level 10 Dalit women are raped everyday in India. Caste rules Indian society and its democratic institutions and hence, justice remains elusive. While all women face discrimination and marginalisation in general, as illustrated in the Sandeshkhali incident below, Dalit women and women of other minorities more so. They have to go to great lengths to even get a registration of an FIR by the police for a crime committed against them.

A recent case which saw widespread protests across villages in West Bengal’s Sandeshkhali by local women against violence and sexual harassment that had continued against them for decades. The women of Sandeshkhali rose against decades of oppression and horrifying torture by the local leader of West Bengal’s ruling Trinamool Congress, and Sheikh Shahjahan and his associates.

While, as this incisive article in The Hindu shows, Mallick ran his fiefdom over North 24 Parganas district, he ‘sublet’ the two blocks of Sandeshkhali to his deputy Sheikh, who, in turn, ‘sublet’ Sandeshkhali Block-II to Shibu Hazra. Hazra ‘sublet’ Sandeshkhali Gram Panchayat to Uttam Sardar. A clear chain of profit and power was drawn, which constitutes the lifeblood of the TMC.

Local women rallied for the arrest of the TMC leader, they even set ablaze a hut adjacent to a fish farm purportedly owned by the leader’s brother and also confronted and physically confronted another member of the ruling party – knowing there was no other way that their demands would be heard. Several reports suggest that Shahjahan’s harassment knew no bounds. Even as the protests were breaking on, he and his henchmen continued to instil fear in the minds of the women. Predictably, the ruling TMC, with a poor track record in several cases of sexual harassment, attempted to distance itself from Sheikh, Hazra and Sardar. While equally cynically and predictably, the Bharatiya Janata Party (BJP) that was notably silent in the case of the ghastly gang rapes in Manipur, the abdication of justice in Hathras or the brazen sexual harassment in Benaras Hindu University (BHU) remains on an overdrive to paint the episode as “exploitation of Hindu women by Muslim goons. Even the relatively independent non-legacy or non-corporate media have let Hazra and Sardar’s name slip through the cracks even though they are likely to be collaborators in brute sexual crimes. Shahjahan Shaikh was arrested after absconding for 55 days d as the protests raged on, however.

2023 was besmirched by the worst kind of gendered crimes. The gang rapes in Manipur from May 2023 that surfaced only in July 19. After the video surfaced causing countrywide outrage and protests, a massive sit-in protest unfolded in Manipur, India, as thousands of tribal Christian women voiced their demands for the arrest of members of the mob that was seen in the video showing disturbing mob attacks on two Kuki-Zo women. The women’s wing of the Indigenous Tribal Leaders’ Forum (ITLF) organised the protest that drew an estimated 15,000 people in Manipur’s Churachandpur.

The ethnic conflict in Manipur has been going on since May 2, 2023. It has resulted in 200 dead and over 60, 000 people displaced. Manipur, amidst the violence and upheaval, saw scores of women protesting against sexual violence as instances of sexual crimes against women in the state continued at the conflict refused to stop.

Amidst the continuing conflict, October 2023 witnessed another brave act of resistance by women as they led a sit-in protest in Manipur and condemned the “unprovoked firing” directed at Kuki women. The two women had reportedly been on night duty when two miscreants came by and fired at the women. Chanting powerful slogans such as ‘No more bullets’ and ‘We are your mothers, show respect’, the protesting women led a peaceful protest demanding action against culprits as well as the redressal to the demands of the Kuki-Zo community. Leaders of women’s organisations spearheading the demonstration called for the removal of Biren Singh, the state’s chief minister.

Similarly, women in Manipur took to protest on January 18, 2024 and organised a torch rally and marched towards the residence of Manipur Chief Minister N Biren Singh after violence gripped the region again in Moreh, a border town situated on the India–Myanmar border in Tengnoupal district, where two security personnel from the Kuki-Zo community lost their lives at the bullets of armed militants. The protests were led by a group named Meira Paibi, who are recognised as ‘women torchbearers’, raised slogans as they advanced towards the Chief Minister’s Secretariat where they were soon stopped by the police. On February 20, again women protestors protested against the government. They were met with police brutality and sheer repression. Security forces had even fired tear gas shells at them. A day after the protests and the brutal violence meted out, Manipur lawyers took out a protest against the violence.

Women continue to rise up amidst times of great unrest and resist structures of power that are harmful to not just them but all of society.

Similarly, we see the case of a brutal rape in Banaras where university students rallied against the administration and demanded security and action against the accused in November 2023. The incident took place when a young student from IIT-BHU casually taking a walk with a friend was gang raped brutally at gunpoint after which a video of the brutal and horrifying incident went viral online.

This led to widespread protests which drew nationwide shock and attention at the incident. As per widespread reports, the culprits spread from the area soon after the incident and reached Madhya Pradesh, because students started protesting immediately.

The alleged perpetrators of the gang rape were reported to be members of the BJP IT Cell, although the BJP has denied links with the people and opposition parties continued to assert that the BJP was shielding the accused even as old social media posts featuring the accused alongside PM Modi, Minister Smriti Irani, and BJP president JP Nadda got widespread attention. One of them, Saksham Pandey, is also, as per reports, the son of a BJP Councillor. The culprits were arrested 60 days after the protests erupted. Maya John, a faculty in gender studies, has talked about the ‘institutional apathy’ against victims, which also helps cultures that are sexist grow, that is consequently challenged by collective mass mobilisation. She asserts that, “you have to fight, because if you don’t fight, you don’t get anything. If you stand up, you keep the collective mobilisation going, you’d be able to challenge the apathy and change the general ambience that people in the administration work with, i.e., the yeh toh chalta hai approach. So, as long as you fight back and you keep that going, and you connect and build the next phase of the movement in a strategic way, you do push for accountability. Whoever’s in powerful offices feels the pressure.”

A ’yeh toh chalta hai’ attitude seems to be a defining feature of the attitude of many people towards harassment against women. As seen in the case below, while a woman’s marginalised locations may make her even more and especially vulnerable to violence, a women’s accolades and even the prestigious task of having brought repute to the country does not prevent her from being denied redressal as we see in the wrestlers’ protests from last year.

It was in January 18 2023, when the wrestlers first, including Olympians Bajrang Punia and Sakshi Malik, held a sit-in protest as they baldly alleged that the president of Wrestling Federation of India (WFI) Brij Bhushan had been committing sexual harassment against the female wrestlers for years. The protest was called off after the government promised to investigate the allegations. However the wrestlers had sat down later at Delhi’s Jantar Mantar again on April 23 2023 to reassert their demands against Bhushan, a BJP MP and is reported to have the party’s backing privately. As the wrestlers started their protests again and cited the continued lack of action from authorities in April 2023 after the investigation committee reportedly gave a clean chit to the accused. The committee, which was headed by Mary Kom, seemed to disregard the allegations by the wrestlers, one of whom was a minor as well, and painted him as a ‘father figure’, who conducted his actions in ‘innocence’ and were ‘misconstrued’ by the wrestlers. The committee also seemed to put the burden of proof on the victims and demanded they furnish video and audio proof of the incidents, according to a report by Sabrang India.

The protests continued and finally the Delhi Police registered a case against him under the Protection of Children from Sexual Offences (POCSO) Act on April 29, 2023 and other related statutes, accusing him of sexual harassment against numerous female wrestlers, including minors. The FIR did not come easy, it was only after the protesting wrestler’s lawyers approached the Supreme Court that they were finally able to file an FIR in April 2023. However, after the case was filed against him, brazenly Brij Bhushan alleged that the POCSO Act was misused against him. He further stated that he was going to pressurise the government into revising the Act.

On May 3, 2023, the wrestlers, continuing their peaceful protest, were violently disrupted by the police at midnight as they sought to march in protest to the parliament. They were manhandled, dragged, and pushed by the police officers; tents the protestors had set up were removed as well. The Delhi police even registered an FIR against the protestors under sections 147, 149, 186, 188, 323, 353 of the PDP Act. Several of the protestors received head injuries at this point. There were also reports of drunk police officials manhandling the wrestlers. Later, the protestors, including Vinita Phogat, Bajrang Punia, were also booked for rioting and obstruction.

Through this protest, the wrestlers also approached the government (please be specific-courts, government, police are all authorities!) to address their complaints. They even had a meeting with the Home Minister, Amit Shah, at his residence on June 7, 2023 but nothing reportedly transpired. Following which, they held a meeting with another union minister, Anurag Thakur, but that too brought no hope to the horizon. One of the wrestlers, Sakshi Malik, stated during these negotiations, that they will not agree to anything that the government offers and asserted that their objective for the protests was that quick action was taken against Brij Bhushan, and until then their protests would continue.

Following the second round of discussions between the government and the protesting wrestlers, it was reported that the government was open to accept the majority of their demands. However, one demand continued to be a bone of contention that the government did not seem keen to accept: it was the arrest and punitive measures against Brij Bhushan. This appears clearly an attempt to protect men in power within institutions of power. In fact, multiple media reports clearly suggest that the government was aware of serious allegations of sexual harassment against Bhushan for over two years, since 2021. The wrestlers stated that they had reportedly met and informed PM Modi of the case in 2021 and he had reportedly assured them that their serious concerns would be addressed.

In an anti-climax, December 2023 saw Sanjay Singh was elected as the Wrestling Federation of India’s next president on Thursday. Singh was known as a trusted associate of Brij Bhushan won the votes in the postponed elections which many said meant that Bhushan would have undue and indirect influence on the WFI.

As a symbol of protest at the news, Sakshi Malik declared her retirement from wrestling, Bajrang Punia went on to return his Padma Shri and Vinesh Phogat, the third prominent wrestler involved in protests now announced her decision to give back both the Khel Ratna and Arjuna Award. Although Singh’s presidency and the governing body was suspended by the centre after his election, Brij Bhushan continues to be out on bail after he was granted bail by a Delhi Court even as the case against him continues. The severity of his crimes continues to be reportedly high.

In September, 2023 the Delhi police in the court also stated that he ‘harassed the wrestlers’ at ‘every opportunity’ that he got. However, the wrestlers had filed a petition in the High Court urging the court to declare the elections held for the WFI governing body as null and illegal. Despite the accusations of being ‘anti-national’, the brutal and recurrent clampdowns by the police of the protest, intimidation tactics of the powerful who seem to be shielding the perpetrators, the wrestlers continue to stand strong and fight by legal means.

Long road to freedom

Today, the movement which was wrought by Bhanwari Devi’s struggle for justice brought forth an institute that is implemented nationwide to adopt measures preventing and addressing sexual harassment at workplaces. In 1992, after trying to put off a child marriage of a nine-month-old in Rajasthan, she faced a brutal attack by the higher caste panchayat members. Bhanwari Devi’s fight for justice sparked a nationwide women’s movement, eventually leading to the formulation of guidelines. Today, her story stands as a symbol of resilience against gender-based violence and also exposes the bitter and horrifying role caste hierarchy plays in subjugating lower caste women in the country.

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The post Women’s protests against sexual violence continue as institutions bend to power appeared first on SabrangIndia.

Justice Lokur was speaking at a webinar on ‘The Wrestlers’ Struggle: Accountability of Institutions’ organised by ANHAD and the National Alliance of People’s Movement (NAPM). Other than him, Supreme Court advocates Vrinda Grover and Shahrukh Alam, and senior journalist Bhasha Singh were also a part of the panel. The programme was moderated by Anjali Bhardwaj, a transparency activist and founder of the Delhi-based Satark Nagrik Sangathan (SNS).

Justice Lokur questioned Delhi Police’s handling of the sexual harassment complaint 

Questioning the modus operandi of the Delhi Police while investigating the allegations, and their demand for “concrete evidence” in the form of audios or visuals, Justice Lokur said, “There was a peaceful candle march at Jantar Mantar in May. Later, the police came up with the idea to talk to 100 witnesses. Why was this necessary? It is not as if there was a whole crowd watching the sexual harassment of these girls. Now, the police say that they need audio and video evidence. What is going on? This is not done on the streets but behind closed doors. The investigation is for finding evidence. Otherwise, why have an investigation? The police could be handed all the material to prosecute the fellow and send him to jail.”

Justice Lokur also expressed his surprise over the criminal charges of disturbing the law and order and rioting that were levelled against the protesting wrestlers after they had been detained by the Delhi Police on the day that the new parliament building was inaugurated. He said that the wrestlers who were been protesting against the alleged inaction of the State machinery were ill-treated by the Police. He said that “The complaint of rioting has not been withdrawn. Theoretically, therefore, now these wrestlers who came there as victims of crime have now become the accused. Look at the turn of events. The police also said that they could not come back to the Jantar Mantar to protest,” the retired judge said. 

He also accused the Delhi Police of being complicit, saying, “It is quite obvious that the police is mixed up. They do not want allegations to be proved and they don’t want the investigation to proceed.” 

He further questioned the fairness of the investigation being conducted in the said case. He provided that it has been reiterated and emphasized by the Supreme Court that the investigation of the police needs to be conducted independently, and yet the sports minister know when the report was going to be submitted. Justice Lokur said said, “When the wrestlers threatened to immerse their medals in Ganga as an act of protest, the sports minister assured that the probe would be completed by June 15. But, the question is, how did the minister know? This is something which only the investigating officer, or his superior, could say. Therefore, something is going on behind the scenes. This is very serious because the Supreme Court has said, in a number of judgments, that no one can interfere with an investigation. Not even the Supreme Court. Whether there has been any interference needs to be investigated, not that anyone will. But this is disconcerting to say the least.”

Justice Lokur expressed dissatisfaction over the decision to close the case by the SC

As stated by Justice Lokur, the Supreme Court of India ought to have monitored the investigation carried out by the Delhi Police into the allegations of sexual assault and criminal intimidation Singh. Notably, the women wrestlers had moved the top court seeking registration of an FIR against Singh. On April 28, the Delhi Police had informed a Bench led by CJI DY Chandrachud that an FIR had been registered in the matter. On May 4, the Court closed the wrestlers’ petition taking note of the fact that the Delhi Police has already registered an FIR. The Supreme Court had then turned down women wrestlers’ demand for a court-monitored probe into their allegations of sexual harassment against Singh and closed the proceedings on their petition “for now”, saying an FIR had already been lodged against him. However, it had given liberty to the petitioners to move the jurisdictional magistrate court or the high court for further relief.

Criticising the Court’s approach, the former Supreme Court judge said that the court should have asked the Delhi Police as to why the wrestlers “had” to move the Supreme Court to get an FIR filed in the first place, and should have monitored whether the police is performing their other duties or not. In addition to this, Justice Lokur also expressed his concerns about the fairness of the police investigation, highlighting, in particular, the ‘threat perception’ that  which the Supreme Court had itself acknowledged when it directed one of the complainants, a minor girl, to be provided with security:

“The petition before the Supreme Court questioned why an FIR had not been registered despite it being a cognisable offence. The court issued notice to the police in April and then they come out very magnanimously and agreed to register an FIR. This suggests that there was some substance in the complaint. The first thing the Supreme Court ought to have done is ask why an FIR had not been lodged before the matter was listed, which it did not do. In an affidavit, the court was also informed that there was a threat to the life of the wrestlers. On the next date of hearing, the bench directed police protection to be given which suggests that the life threat indicated to SC was perhaps real. Before the hearing, there was a scuffle that took place in Jantar Mantar where some drunk police officials manhandled the wrestlers, which the court must have been aware of since news about the incident was published in the newspaper. However, during the hearing, the bench said that the petitioners could approach the jurisdictional magistrate or the Delhi High Court in case of anything further. This should not have been said by the Supreme Court.”

Justice Lokur proceeded to substantiate his stance by saying:

“The whole thing suggests that the Delhi Police was slow and the wrestlers were under a threat, which the Supreme Court accepted. Keeping in mind the delay in lodging an FIR, even though it was a case of aggravated sexual assault, and the threat perception, the Supreme Court ought to have monitored the investigation so that nothing goes wrong. The Supreme Court has in the past monitored investigations, not with the view to see that the persons against whom the cases are filed are convicted, but to see that things don’t go wrong, especially in cases involving politically well-connected persons such as the Jain Hawala case in the 90s…In some other cases also because of the nature of the case or persons involved, the court monitors the investigation to see that it does not get derailed. In my view, the court did not fully appreciate the position when they decided to not monitor the investigation. I think they should have.”

Justice Lokur on the Oversight Committee:

Besides this, the former judge also questioned the government’s refusal to make the report of the oversight committee publicly available. According to him, the main driving point behind the wrestlers approaching the Supreme Court was the failure of the government to ‘make public’ the report of an oversight committee established to look into the allegations against Singh as well as the Delhi Police’s refusal to file a first information report (FIR). 

 “The contents of the report were a big secret to everyone, but why? An adverse presumption could be drawn here, as lawyers put it. The first thing that would have been done if the report was in favour of the accused person was that it would have been made public. Therefore, the first presumption is that the report is against the person against whom allegations have been made. The refusal to make the report public, and register and FIR were what drove the wrestlers to protest on the streets.”

Justice Lokur said that the complainants were re-victimised in this case

Earlier this month, in a shocking yet no so surprising turn of events, the father of the underage wrestler, on the strength of whose complaint a case under the Protection of Children from Sexual Offences (POCSO) Act was registered against Singh gave another statement alleging that no sexual harassment had been suffered by the minor wrestlers at the hands of Singh. He said that he and his daughter had made ‘false allegations’ against the WFI president, while also openly talking about the threats and fear their family was facing. With respect to this, Justice Lokur said:

“The minor was interrogated in the presence of four constables for about five hours – till 9:30 PM. What was the need to interrogate for this long when she has already given a written statement? This is nothing but re-victimisation. You have said this. Now, prove what you have said. This is what re-victimisation is all about and all courts have come down heavily against it. Why could they not have proceeded on the basis of the statement made by the minor to a magistrate under Section 164 of CrPC? Another girl was taken to the office, which they said was the scene of the crime. The scene of the crime is the person! It is the complainants’ bodily integrity that has been tampered with. What else is re-victimisation?”

With respect to the police’s intention to secure testimonies of witnesses from foreign countries where the crime was allegedly committed by Brij Bhushan, Justice Lokur said, “Can this be secured by June 15? The sports minister’s assurance has no meaning. Secondly, what kind of information are they hoping to get? These incidents – the sexual assault, stalking – did not take place in public.”

Justice Lokur further said that “Rather than investigating the offence that has allegedly taken place, it seems directed to showing that the accused is innocent and that the wrestlers – including the minor – are saying something false. This appears to be the purpose. Investigations must be fair and unbiased. They cannot take place when persons are under threat. Assuming the matter goes to court, any defence lawyer worth their salt will be able to shred the case to pieces with this background. They will either say that the accused is not guilty or is entitled to the benefit of the doubt. That is the end of the story.”

Justice Lokur on arresting POSCO and sexual harassment accused Singh

“It appears to me,” the retired judge said, “That what is going to happen is a foregone conclusion.” He added, “Brij Bhushan is a powerful, well-connected person, who has not been arrested despite the allegation being one of aggravated sexual assault. He is out there making speeches. Evidence shows that witnesses have been threatened – maybe not by Brij Bhushan directly. Evidence is being tampered with, with the minor and her father going back on their initial statement being an indication of this. In this country, even a person who does not have a passport is arrested, despite not being a flight risk. All the events must be looked at as a whole, and not in isolation.”

During the said webinar, Justice Lokur also pointed out that the WFI did not have a committee to deal with complaints of sexual harassment, as has been mandated by law.

(This copy is based on reports published by LiveLaw and other media)

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The post Clear case of re-victimisation: Former SC judge Madan B Lokur on Delhi Police’s handling of women wrestlers case appeared first on SabrangIndia.

As has been reported by the News Minute, it has been provided in the FIR filed by the women wrestlers that the complainant had met the Prime Minister in the year 2021 and informed him about the sexual harassment. She has further claimed that Narendra Modi had assured her that her “grievances” will be looked into by the Sports Ministry.

According to the FIR, the wrestler said, “I informed the Prime Minister about the repeated sexual, emotional, psychological, and physical trauma that was meted out to me and other female wrestlers by accused no. 1 [Brij Bhushan] in conspiracy with his close aides, to which the Prime Minister reassured me that such grievances will be looked into by the Sports Ministry and I will get a call from the Sports Ministry shortly.”

The complainant said that after her meeting with the PM, a show cause notice issued to her earlier was withdrawn, and Brij Bhushan and aides stopped exerting pressure on her for sometime, as was reported by the News Minute. However, she adds that the mental harassment resumed after a short interval. It is crucial to note here that there has been no mention made here that any attempt was made by the PM to remove Singh from his position of power even after knowing about the abuse. It is also pertinent to note that the Prime Minister has not yet issued anystatement regarding the sexual harassment allegations against Brij Bhushan, and had rather invited the accused to the inauguration ceremony of the new parliament building.

PM Modi once famously said, “Progress of women always gives strength to the empowerment of the nation,” and yet he falls truly short on implementing his words and protecting the women facing sexual harassment at the hands of a predator from his own party.

Even after all this, many other dramatic statements have been made by Singh, who has been time and again denying the allegations against him, calling it a political conspiracy. And now, the details of the key allegations put on him in the two official complaints filed with New Delhi’s Connaught Place police station on April 28 have come out, and they are disturbing and traumatising to say the least.

It is pertinent to note that both the FIRs cite IPC Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 34 (common intention) that carry a jail term of one to three years. The first FIR covers the allegations of six adult wrestlers and also names WFI secretary Vinod Tomar. The second FIR is based on the complaint of a minor’s father and also invokes Section 10 of the POCSO Act which entails five to seven years of imprisonment.

The incidents mentioned allegedly took place in India and overseas from 2012 to 2022.

The seven women have put on record multiple incidents of sexual harassment and misconduct that included groping, inappropriate touching and physical contact — during tournaments, at warm-ups and even in the WFI office. At least two instances of demanding “sexual favours” in lieu of professional assistance along with more than 10 episodes of inappropriate touching, molestation that includes running hands over breasts, touching the navel have been made public in a report by the Indian Express. Several instances of intimidation including stalking and a shared sense of fear and trauma also form the key allegations in two FIRs filed.

• “Since the accused (Singh) was always on the lookout to engage in inappropriate talk/gestures…girls, including myself, collectively agreed to not go alone for breakfast, lunch or dinner”.

Wrestler 5

• “While I was standing in the last row (for team photograph)… the accused (Singh) came and stood alongside me. I suddenly felt a hand on my buttock. I was stunned by the actions of the accused (Singh) while they were highly indecent and objectionable and without my consent… when I tried moving away, I was forcibly held by my shoulder.”

Wrestler 6

• “On the pretext of getting a picture clicked with me, he pulled me towards him by my shoulder… to protect myself, I tried moving away from the accused (Singh)… Since I was not comfortable with the behaviour of the accused of forcing me, I, in order to escape, (his) clutches, repeatedly resisted his attempts and tried to push him away to which he (threatened): “Zyada smart bann rahi hai kya…aage koi competition nahi khelne kya tune?” (Acting too smart? You don’t want to be considered for tournaments in the future?)

(The above mentioned details of the FIR are based on the copy of the Indian Express)

 FIR 2- Allegations put forth by the minor wrestler

The minor’s complaint, filed by her father, alleges that his daughter was “completely disturbed and cannot be at peace anymore …sexual harassment by the accused (Singh) continues to haunt her”. The father also alleged that Brij Bhushanforcefully pulled his daughter towards him and molested her. Brij Bhushan then allegedly told her: “Tu merko support kar, mei terko support karunga, mere saath touch mein rehna” (If you support me, I will support you. Be in touch with me).

As per the News Minute, the father of the minor complainant also mentions that when his daughter refused Brij Bhushan’s advances, he allegedly threatened to stifle her chances at the upcoming trials for the Asian Championship, which he later did by clubbing her in the same category as other strong contestants at the trials, against the general practice of giving preference to the medal holder in the national championship. 

The complainant further details how Brij Bhushan called his daughter to his room and tried to initiate “forceful physical contact”, from where she ran, shell-shocked.

The minor athlete alleged that Singh held her tight for a photo. She mentioned that he also pressed her shoulder and purposefully touched her inappropriately. She added that she explicitly told him not to stalk her and that she was not interested in having any physical relationship with him.

• “Holding her tightly, pretending to get a picture clicked, the accused (Singh) squeezed her towards himself, pressed hard on her shoulder and then deliberately…brushed his hands against her breasts”.

• “She clearly told the accused (Singh) she had already told him that she was not interested in having any sort of physical relationship and that he should stop stalking her…”

Based on this complaint, Brij Bhushan has been charged under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking), and 34 (common intention) of the Indian Penal Code, and Section 10 of the Protection of Children from Sexual Offences Act (POCSO). The said Section 10 of the POCSO Act would lead to five to seven years of imprisonment. The minor athlete stated that the harassment took place between 2012 and 2022 in both India and abroad. Following this FIR, Brij Bhushanhad claimed that the POCSO Act is being misused and said he wants it amended.

A decade long pattern of abuse

These women have endured years of trauma, of living in fear and having their autonomy and dignity snatched away, of having no respite from the preying hands of men in power. From being sexually assaulted during training to having a man slide his hand inside their t-shirt under the guise of “checking her breath” to having their body touched without their consent while posing for a photograph, the complainants’ accounts demonstrate the level of authority Singh purportedly possessed and exercised in the federation, establishing this pattern to his sexual harassment while enjoying impunity. It is evident from the narratives presented above that time and again Singh used his clout to prey on the survivors, touching them on various pretexts, and isolating them whenever possible to elicit sexual favours. Today, these women are fighting on their behalf, as well as on the behalf of those women who are forced into silence about their stories, against a man who wields such power that even the Prime Minister is silent. From what should have been an act of justice, putting a guilty man behind bars, has become a struggle in which they are being manhandled, dragged, abused, and booked for disrupting the law and order of India!

Who and what are these women battling? On the face of it, they are fighting against a man guilty of committing non-consensual acts on their bodies. But they are also battling an invisible and rigid structure of impunity and abuse of power where a string of powerful men are standing behind one guilty man. 

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The post FIRs suggest wrestlers had informed PM about their repeated sexual trauma in 2021 appeared first on SabrangIndia.

Sportswomen in India have made a difference on the world stage by breaking through glass ceilings, leaving their mark, and setting new goals. Since the turn of the millennium, there has been a significant increase in the number of Indian women athletes competing on the international stage. The twenty-first century saw a significant increase in Indian women athletes leading from the front and making their mark in Olympic sports such as weightlifting, boxing, and badminton. Indian women athletes have been gaining international recognition and acclaim. There are clouds on this shiny horizon, however. The Indian Sports Federation that has recently been in the headlines for reasons other than celebrating champion victories.

More than a month has passed since the protesting women wrestlers approached the Supreme Court of India to get the Delhi Police to lodge an FIR against the BJP MP and Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh on their (women wrestlers’) complaint of sexual harassment. The grapplers are still agitating to press for the arrest of Singh, who has also been accused under the POCSO Act.  To date, the Delhi Police has not even submitted an investigation report post filing the FIR.

The sports arena of India, similar to the other structures and agencies, is male dominated. In the Indian sports industry, women have had to fight tooth and nail to make space for themselves, to earn the right to participate. In most of the sports federations of India, the chiefs, coaches and trainers are men. The bottom line is this: it is difficult for a woman athlete to survive in a male-dominated industry, then to be able to speak out about their complaints of sexual harassment against men in power, in a patriarchal society like India, is another story entirely.

Since the beginning of this battle for justice, started by Vinesh Phogat, Sangeeta Phogat and Sakshi Malik, the protesting wrestlers have had to face huge hurdles. From the Lieutenant Governor of Delhi, Shri Vinai Kumar Saxena, to the union sports minister, Anurag Thakur, these protesting women have had to fight head-first with men in authority. Even when a government-appointed Oversight Committee was set up to “probe” the allegations against Singh, the women wrestlers came out with details around procedure and functioning g of the panel that revealed that it was neither fair nor transparent.

The Committee, which was ironically headed by boxer Mary Kom, reeked of a patriarchial callousness. The Committee reportedly asked the three testifying wrestlers to provide “audio or video” proof of their harassment. A Committee member had also reportedly told one of the wrestlers that Singh was “like a father figure and his acts were done in all innocence and were misconstrued by them (the wrestlers)”, once more showing that this battle would have to be fought by the women wrestlers in solitude and alone. It was a battle against the whole system and its culture.

At every stage of this protest, the response of the Narendra Modi-led Bharatiya Janata Party (BJP) government and the Delhi police, which falls under the Ministry of Home Affairs (MHA),  headed by Amit Shah, revealed an anti-women and anti-democratic character by preventing and trying to crush what has been a very peaceful, violence-free and orderly protest of women wrestlers. The complainants, who have levelled serious allegations of sexual harassment are themselves are being treated as enemies of the state and chaos mongers. While, in fact, it is the WFI chief and the union sports minister, Anurag Thakur who are the ones who have allegations attached to their names. Anurag Thakur. Thakur had, at a rally in Rithala in the national capital on January 27, 2020, egged on the crowd to raise an incendiary slogan “Desh ke Gaddaro ko, Goli maro saalo ko” (shoot the traitors and enemies of the country) after lashing out at anti-Citizenship Amendment Act protesters of Shaheen Bagh. In April 2023 itself, the Supreme Court asked the Delhi Police to respond to the plea of CPI(M) leader Brinda Karat, challenging the Delhi High Court’s order dismissing a petition against the Delhi trial court’s refusal to order the registration of an FIR against Union Minister Anurag Thakur for his alleged hate speeches on anti-CAA protests.

The only demand made by these protesting wrestlers is that the law be enforced against a powerful male who has sexually inflicted violence on them. For lesser mortals than Singh, the mandatory arrest of the perpetrator under POCSO would have immediately resulted. However, in this case, no justice has come their way.

Even as such grave injustice and superficial crumbs are being handed out to the protesting women wrestlers, few are raising their voices in support of the protest. Is this the first time that this dark side of patriarchy has reared its head? Sadly, no. Sexual harassment of women athletes by men in power has happened before and remains an unresolved issue for the Indian system today defying both transparency and accountability.

History of sexual harassment allegations in the Indian sports fraternity

“Athletes are particularly vulnerable because of how hierarchical the coach-athlete relationship is in the sporting context”
– Payoshni Mitra, CEO of Global Observatory for Gender Equality and Sport

According to a reply in filed Rajya Sabha in July 2022, since 2017, 30 complaints of sexual harassment against the coaches and staff have been received by the Sports Authority of India (SAI), out of which two were anonymous complaints. The reply did not list what actions were taken and it only stated, “Necessary action has been taken in all 30 cases”. In an RTI reply, it was reported that between the period of 2010 and 2020, there were 45 complaints of sexual harassment to SAI, of which 29 were against coaches. Of these, five coaches were penalised with a pay reduction, the contracts of two coaches were terminated, one was suspended, five were acquitted and one, unfortunately, died by suicide.

1. Haryana sports minister Sandeep Singh Case:

Year: 2022

Allegations: On December 29, 2022, a junior coach accused Haryana sports minister and former Olympian Sandeep Singh of sexual harassment. The junior athletics coach had alleged that Singh had touched her inappropriately. Speaking to the press, she added that she hadn’t spoken of the harassment earlier as she was afraid of the negative impact on the sports industry. “I tried as much as I could. He created such an atmosphere officially that a girl comes to him automatically,” she added.

Action Taken: On January 1, the Chandigarh Police filed a sexual harassment case against Sandeep Singh on charges of sexual harassment and wrongful confinement. Singh resigned from his post on “moral grounds,” post the FIR, though he dismissed the allegations as baseless. In early May, the Chandigarh court dismissed the application moved by the Chandigarh police seeking permission to conduct a polygraph test on Singh.

2. Assistant coach Alex Ambrose case:

Year: 2022

Allegations: In July 2022, India U-17 women’s football team assistant coach Alex Ambrose was accused of sexual harassment in their Europe tour. According to various reports, a player complained against the coach after her roommate, a player of the squad, was missing from her dorm and she raised the issue with head coach Thomas Dennerby.

Action taken: In July 2022, Alex Ambrose was suspended and sent back from a training camp in Norway for allegedly abusing a minor player, and was later sacked. Ambrose, who was also the All India Football Federation’s head of scouting, denied the charges and served the federation a legal notice. A case under the POSCO Act was filed. In February 2023, a Delhi court issued a non-bailable arrest warrant against him.

3. Woman cyclist sexual harassment case:

Year: 2022

Allegations: In June 2022, Indian cycling was embroiled in a controversy when a woman cyclist complained of “inappropriate behaviour” by national team chief coach RK Sharma during an overseas training camp in Slovenia.  The senior woman cyclist alleged that Sharma had allegedly forced himself into her room, offering her a “post-training” massage and stating that he “wants her to be his wife,” during the national team’s camp in Slovenia. After the incident was reported, another cyclist also accused Sharma and his assistant of inappropriate behaviour.

Days later, his predatory behaviour was called out by Andaman’s Deborah Herold, the current national champion and international gold medallist. Herold alleged that the “toxic atmosphere” in the team under Sharma “did not allow cyclists to perform to their potential”.

Action taken: On June 8, 2022, Sports Authority of India (SAI) terminated the contract of chief cycling coach RK Sharma.

4. Case of Tamil Nadu coach sexually abusing athletes:

Year: 2022

Allegations: A 19-year-old national-level runner filed a sexual harassment complaint against renowned sports coach P Nagarajan in Chennai. She alleged that the coach would touch female athletes inappropriately, on the pretext of helping them with physiotherapy and stretching. Two months after the first complaint, seven more athletes, including some who have represented India, came forward with similar allegations.

Action Taken: Nagarajan was arrested and is facing charges under the IPC and POCSO Act.

5. Boxing coach accused of sexual assault case:

Year: 2020

Allegations: In March 2020, a boxing coach was arrested for allegedly sexually assaulting his 19-year-old student when they were in West Bengal for a tournament in February. The teen, who was representing Haryana in the tournament, alleged that while she was going to Kolkata from the New Delhi Railway Station (NDLS) along with her other team members to participate in the tournament, her coach sexually assaulted her in the train. She added that she was also sexually assaulted by her coach during their stay in Kolkata.

Action Taken: no updates available

6. Coach booked for molestation of female cricketer:

Year: 2020

Allegations: In Jan 2020, Gautam Gambhir had taken to Twitter and revealed how a girl reached out to him and sought his help after she was sexually harassed by her cricket coach.

Action taken: In Jan 2020, Delhi Police registered an FIR in connection with the alleged molestation of a female cricketer by her coach in southeast Delhi’s Nizamuddin area.

7. Gymnast, coach booked for sexual harassment

Year: 2014

Allegations: While attending a national camp for the 2014 Asian Games at Delhi’s Indira Gandhi Sports Complex, a female gymnast accused Coach Manoj Rana and gymnast Chandan Pathak of sexual harassment. The female gymnast had told the police that the duo passed vulgar remarks about her clothes and also made some indecent comments on her.

Action Taken: The gymnast and his coach were booked for sexually harassing the woman gymnast. On September 17, 2014, however, even as the SAI launched an inquiry into the allegations of sexual harassment even as the accused, gymnastics coach Manoj Rana and gymnast Chandan Pathak, flew to Incheon for the 17th Asian Games.

8. Tamil Nadu boxing official accused of seeking sexual favours

Year: 2011

Allegations: E Thulasi, bronze medallist at the 2009 Women’s Senior National Boxing Championship, in 2011 levied charges of sexual harassment against Tamil Nadu State Amateur Boxing Association Secretary AK Karunakaran. She alleged that he had misbehaved with her, asking her ‘to cooperate’ if she wished to be selected for important events.

Action taken: Following an investigation by DCP (Kilpauk), Karunakaran was arrested.

9. Women’s hockey team accused coach of sexual harassment:

Year: 2010

Allegations: In July 2010, a member of the Indian women’s hockey team accused the team’s coach and Olympian, Maharaj Kishan Kaushik, of sexual harassment.

Action taken: Following sexual harassment allegations, Maharaj Kishan Kaushik resigned from his post. He was eventually absolved of all the charges by an inquiry committee formed by Hockey India and the Sports Authority of India.

Is there any future of sports beyond patriarchy?

We won’t bog down anymore and will fight for our rights.– Vinesh Phogat

All eyes, international and national, were on the Jantar Mantar protest, until it was violently disrupted by the Delhi police itself because the women wrestlers dared to escalate their protest to outside the then to be inaugurated New Parliament building. Today the injured wrestlers are re-grouping, on the threshold of a fresh stage of their protest that they have vowed not to give up. Will this sustained battle for dignity and justice lead to a decisive breakthrough, or will history repeat itself and mere crumbs in the name of justice be given to the protesting women wrestlers? The dismissal of this protest by large sections of the visible commercial media and senior sports stars, along with the government and systems’ attempts to silence these women, highlight the abysmal treatment of women sportspersons and athletes in India, the omnipresent predatory behaviour of the men in position of power in the sport industry.

It is critical for the country –and all sections of citizenry – that has been applauding our sportswomen for demonstrating their incredible talent and grit in crashing through the glass ceiling of familial, societal and institutional discrimination and excelling in international competitions, cheer them on in this crucial battle. A battle that is a battle for dignity, autonomy, the right to consent, bodily integrity and the right to life – against an oppressive and vicious nexus of patriarchy, power, and privilege.

Coming forward and highlighting the vicious cycle of sexual harassment within the sports establishment requires enormous strength on the part of sportswomen, who have now been supported by their male colleagues in the case involving the WFI.

It is crucial now that the government as well as those presiding over these bodies are made to answer, held accountable for their unapologetic ignorance and their denial of justice. In a country where sexual violence against the women is on the rise, it is critical that the cries of these women, who have reached a position of privilege, reach, and support, must be addressed and an opportunity to be heard is given. Such incidents are not one-off exceptions and must not be treated as such with delayed responses mired in political calculations. If these wrestling women protestors have had to suffer so much at the hands of our government and justice system, women who are a household name, it is unimaginable what a woman from a minority community or a marginalised background would have to go through to even get her voice heard. This fight is no longer just limited to those seven women, it is a fight that every girl child and every woman is a part of.

Related:

Protests and Mahapanchayats announced in support of the protesting wrestlers, 5 days given till medals are immersed in Ganga River

Wrestler Protest: Law student moves NHRC, files complaint over the detention & brutal police action against protesting wrestlers

From deathly silence to violence: The journey of wrestlers struggling for justice

Protests erupt at Delhi police violent crackdown on Women Wrestlers, FIR, and nationwide outrage

Attempt to Drown out Wrestlers’ Protest with Song and Dance About ‘Temple of Democracy’

When Will Society Hold Men Accountable for Patriarchy

Farmers announce nationwide agitation in support of #WomenChampionWrestlers

Protesting wrestlers manhandled by drunk Delhi police officer at night, supporters and journalists detained

Independent mechanisms on sexual harassment at workplace imperative, NWMI stands in solidarity with women wrestlers

WFI leadership accused of sexual harassment by Indian women wrestlers, absence of redressal mechanisms the focus

The post Battling the Indian sports industry: the cries for justice by women appeared first on SabrangIndia.

Only last week, on April 28, the Delhi Police had told the Supreme Court that they will be filing an FIR based on the sexual harassment charges being levied by seven women wrestlers, including a minor, against the WFI chief. It is important to note here, the protesting wrestlers had to move to the Supreme Court seeking the registration of FIRs against Singh. While the said move by the Delhi police only after the women had approached the Supreme Court, was still seen as a ray of hope, the hardships, there has been no let up for the protesting women champions against the impunity enjoyed by a politically influential man in authority.

On May 3, late-night trouble erupted for women champions who have been camping here day and night, at Jantar Mantar. India’s women champion wrestlers were reportedly abused by Delhi Police officers. Several videos of the wrestlers have gone viral on social media, showing them being surrounded by a couple of cops who misbehaved with them. It is even claimed that male police officer pushed women wrestlers without any women officer being present and that two protestors have even been injured. A drunk cop, according to the wrestlers, misbehaved with them, hurled abuse at female wrestlers, and even manhandled them at the protest site. The wrestlers went live on their respective social media accounts to report the incident.

According to the wrestlers, the Delhi Police had physically stopped them from replacing mattresses that got wet due to rain, resulting in the scuffle. “The mattresses got wet due to rain, so we were bringing folding beds for sleeping, but the police did not allow that. Drunk policeman Dharmendra abused Vinesh Phogat and got involved in a scuffle with us,” former wrestler Rajveer told PTI.

In one of the videos, Vinesh Phogat stated that the officers of the Delhi Police hit her brother on the forehead and that he was taken to the hospital for treatment. According to the wrestlers, two of them (Dushyant and Rahul) were injured on their foreheads during the commotion. According to Bajrang Punia, who has been supporting the women wrestlers in their fight since the beginning and has been a part of this protest, this whole commotion occurred as some female wrestlers attempted to bring cots to the protest site due to inclement weather in Delhi, but cops refused to let them. It was alleged by Vinesh that when they brought the planks and foldable beds, a lone drunk male policeman, “Dharmendra”, started pushing the wrestlers around, without any female policeman present.

While addressing media persons late at night, Vinesh said, “We went to collect some cots from our vehicles as it’s all wet out here. Some cops stopped us and started troubling us. There was no female cop nearby and these male cops started pushing us. Who gave them permission to push female protesters?” Vinesh later asked, “We are being treated so badly for raising our voices. Is this the price of winning medals for the country? If this is the case then I pray no one wins medals…”If they wish to kill us, then let them shoot us,” said Vinesh, who can crying inconsolably in the video uploaded by the PTI. “Did we win medals for the country to see this day? We have not even eaten our food. Does every man have a right to abuse women? These policemen are holding guns, they can kill us,” an emotionally-drained Vinesh further said.

Sakshi Malik also said, “We are not going to leave this site till our last breath. The antics of Delhi Police are as if we are criminals. There is no respect for women in their eyes. We are not going to leave till we get justice.”

The thread of videos can be viewed here:

VIDEO | “The way they have made us suffer, I would not want any athlete to win a medal for the country,” says wrestler Vinesh Phogat. pic.twitter.com/EpSk6dc3ZL

— Press Trust of India (@PTI_News) May 3, 2023

“Where were female police officers? How can the male officers push us like that? We are not criminals. We do not deserve such treatment. The drunk police officer hit my brother,” Bajrang Punia said while talking to reporters of PTI. Wrestler Bajrang Punia’s wife Sangeeta, who is also a wrestler, said she was pushed around by policemen.

Later, Bajrang Punia urged his countrymen to come to Delhi in large numbers to support their protest. “This is my humble request to my countrymen. Please arrive in large numbers in Delhi. We are fighting for your daughters’ dignity. Please join us here and show your support,” the Tokyo Olympics medalist said, according to PTI.

Punia also exhorted farmers and members of the public to reach Jantar Mantar in their support. “I request everyone to reach Delhi by Thursday morning. This is the time. If not, then when? This is a question of the dignity of our daughters. People like Brij Bhushan are roaming freely despite being criminals and all this is happening to us,” he said.

Delhi Police’s Justifications, denial of having beaten any protestors

Based on the official statement from Delhi’s ruling Aam Aadmi Party (AAP), it was their decision to provide the protesting wrestlers with cots in view of the ongoing rainy spell in Delhi as rains continue to lash in the national capital. Senior AAP leader and MLA Somnath Bharti had said, “On the instructions of Chief Minister Arvind Kejriwal, we have decided to send foldable cots to the protest site. We hope that this small help will make this tough time a little bit easier for the wrestlers.”

Meanwhile, the Delhi police claimed that it was because AAP MLA Somnath Bharti arrived at the protest venue with folding beds without permission that the “scuffle” took place. “Somnath Bharti brought folding beds to the protest site in Jantar Mantar. Since there was no permission, we didn’t allow it, so some of the supporters of the protesting wrestlers tried to take out the beds from the truck and this led to an altercation…” Deputy Commissioner of Police (New Delhi) Pranav Tayal provided

“We have told the wrestlers to give complaint on their grievances and will take appropriate action…medical check-up of the Policeman on whom they’ve raised allegations, being conducted,” DCP Tayal added further.

The police officers have now claimed that the protestors wrongfully restrained a police man after accusing him of being drunk. The police has also denied that the protestors were beaten.

Footage from the venue also showed the wrestlers arguing with uniformed Delhi Police officers.  “CCTV cameras must be present. The footage will prove it,” protesting wrestler Bajrang Punia told reporters after the claims made by the police, of not having beaten anyone. He also stated that Bharti was not present when the commotion occurred, and that the wrestlers had ordered the beds.

Following the scuffle between protesting wrestlers and police officers, the Delhi Police have tightened security around Jantar Mantar. Allegedly, a large police force has also been deployed on the scene, and the entire area has been barricaded.  As provided by NDTV, the police have now sealed the protest site at Jantar Mantar, thereby stopping the regular flow of well-wishers who were coming to meet the protesting wrestler.

It is pertinent to note that the protesting wrestlers have been accusing the Delhi Police of a lack of support, claiming that the Police has been simply dragging its feet on the case because neither Singh nor the women who have complained of sexual harassment have been summoned for questioning.

Proceeding in the Supreme Court

On May 4, the Supreme Court heard the case today to take stock of the investigation and pass any required order regarding the security. It was reported by Solicitor General Tushar Mehta, who was representing the Delhi Police, stated that “proper security” has been provided to minor complainant. They further provided that an individual assessment of all petitioners was conducted by then, and while they found no threats, they have agreed to give the six complainant security with respect to protest. It was further also stated that that three armed police personnel were deployed in Jantar Mantar for the three who are stationed there and round the clock security is there for all the six. And on the watch of all these, the late night assault on May-3 and 4 takes place!

Significantly, senior advocate Hooda, representing the women champion petitioners mentioned clearly before CJI Chandrachud that the wrestlers had been heckled by drunk policemen at night, to which he replied that they can approach the jurisdictional courts and the Delhi High Court with this matter, and that the Supreme Court will not be hearing this issue!

Supporters detained, attempts to gag dissent

According to the Delhi police, three people have been detained following Wednesday’s incident: AAP MLA Somnath Bharti, Rajya Sabha MP Deepender Hooda, and Delhi Commission for Women (DCW) Swati Maliwal. According to a video that have gone viral on social media, women Delhi police officers were shockingly seen dragging and lifting the DCW chief from the protest site in a police van. Meanwhile, in the video, Maliwal can be heard shouting, “Don’t touch me. This is completely wrong.” 

The video can be viewed here:

दिल्ली महिला आयोग की अध्यक्ष @SwatiJaiHind को पुलिस ने आधि रात को गिरफ़्तार किया। एक सांविधानिक पद पर बैठी महिला को ज़बरदस्ती गाड़ी में उठाकर डाला गया। pic.twitter.com/fKr4tUWTRq

— Delhi Commission for Women – DCW (@DCWDelhi) May 3, 2023

After being detained by Delhi police in the late hours of May 3, Swati Maliwal arrived again at Jantar Mantar in the national capital on Thursday morning, May 4. Speaking to Republic, the DCW chief said, “Am I a terrorist? Why are Delhi Police officials troubling me and the wrestlers? They should arrest Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh.”

Around 15 others, who had reached the protesting site, have also been detained in a bus. AAP minister Saurabh Bhardwaj was also among those. Slogans of ‘jai jawan jai kisan’ and ‘Bharat Mata ki jai’ were also being raised by the protestors.

AAP minister Saurabh Bharadwaj had tagged Delhi L-G V.K. Saxena in a tweet, asking him to take note of the incident. “Please note Lt Governor Delhi. A Delhi Police officer attacked a wrestler at Jantar Mantar. It is alleged that the policeman was drunk. A medical test should be conducted and MLC of the victim should also be registered,” he wrote.

Journalist Sakshi Joshi also posted a video of her being manhandled and detained by the Delhi Police. In the video, she can be heard shouting at the officers that they are tearing her clothes and detaining her without any reason. She also showed her torn clothes in the video. She was then seen sitting in a police bus, and then was taken to the police station.

The video can be viewed here:

आधी रात में पहलवानों पर हमला
मुझे हिरासत में लिया, धक्के मारे , कपड़े फाड़े , कैमरा छीना

ये है @narendramodi की @DelhiPolice pic.twitter.com/aL5jzKBOWN

— Sakshi Joshi (@sakshijoshii) May 3, 2023

Journalist Ajit Anjum has also posted a video on YouTube, providing his own narration of the situation that was present at Jantar Mantar. He provided that he had visited the protest site around 12.45 at night, after the Delhi police videos of manhandling the wrestlers had gone viral. When he reached the site, he saw that High level Delhi Police officers were also present at the side, and had barricaded the area, not even allowing journalists to pass. In his video, Ajit Anjun alleged the involvement of the Modi-led BJP government, as the police is under the control of the centre. He had also provided in his video that police could also be heard asking the protestors to vacate from Jantar Mantar. Ajit Anjum also alleged that supporting farmers were also not being allowed to enter the protest side.

The video can be viewed here:

While full throttled and government sanctioned attempts are being made to gag the protestors, independent media and any dissenters who are exercising their rights, Singh has been roaming free, declaring that all the complainants against have been manipulated or “paid”. The protesting wrestlers, according to him, were those who were at “Shaheen Bagh and the farmers’ protest”.

Response by the Wrestlers

According to News18, the protesting wrestlers have written to Union Home Ministry seeking strict action against officials responsible for the alleged manhandling of grapplers at the protest site on Wednesday night. In the letter, they have also sought permission to bring waterproof tents, beds, gym instruments, wrestling mats and sound system at the protest.

It has also been reported that the Aam Aadmi Party has called for a meeting of all MLAs, councillors and office bearers of AAP. The party will conduct a meeting on what transpired at Jantar Mantar on Wednesday night.

Related:

Independent mechanisms on sexual harassment at workplace imperative, NWMI stands in solidarity with women wrestlers

WFI leadership accused of sexual harassment by Indian women wrestlers, absence of redressal mechanisms the focus

Delhi police to file FIR against WFI President in sexual harassment case

391 complaints of sexual harassment at workplace received from Central Ministries: Government

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The NWMI has consistently spoken out against sexual harassment at the workplace – be it in the news media, the film industry or elsewhere –   and is acutely aware of the immense courage it takes for those directly affected to speak out.

Since the women wrestlers first began their protest in January this year, what has been particularly disturbing to note is the establishment’s blanket response and censure of these athletes, the silence of those in government who are usually the quickest to share and even flaunt their success, coupled with the lack of any independent grievance redressal mechanism for India’s athletes, reads the NWMI statement.

Emphasising that the “mechanisms currently in place are not independent and do not serve to deliver justice. As in the case of the wrestlers, the victim-survivors here, who have been protesting on the roadside in Jantar Mantar first in January and more recently in April, find themselves in the dock rather than the head of the WFI, who, as a sitting MP from the ruling party, is an influential political figure.”

“It is also highly objectionable that the protesting athletes find themselves first distanced and then censured by the Indian Olympic Association (IOA), the country’s highest sporting organisation given the task to promote and protect Olympic ideals inside a sporting ecosystem says the media network.

Reports that the newly-appointed IOA Athletes Commission was prevented from making a formal statement of support and sympathy to the wrestlers, is to render its very purpose meaningless. Every Athletes Commission is meant to speak on behalf of the athletes. If this wrestlers’ serious allegations have been a test case to prove the integrity of the IOA AC, it is safe to say it has failed and needs to be reconstituted.

Our young athletes, both male and female, begin their careers at the age of 12 or 13 and are dependent for their progress on senior authority figures, be it coaches, federation or ministry officials. The POCSO charge against the head of the WFI should shake everyone invested in Indian sport and provide momentum to examine how many of all our national federations offer safe spaces for their athletes, with correctly-constituted internal complaints committees.

Indeed, there is no better a time to conduct a national and state-wide audit of all sporting bodies with reference to their good governance practices, particularly around anti-discrimination, harassment and bullying.

At their prime, India’s athletes bring the country happiness, pride and joy. Yet as is in the case of our wrestlers, it is also necessary for the country’s institutional structures and its sporting establishment to support them when their rights and bodily agency have been violated.

It is a matter of concern that it was only after sustained pressure from the wrestlers, the public and the media did the Delhi police register an FIR. This move should not take the wrestlers protest and their case against the WFI head off the news cycle.”

Finally, the NWMI has “urged all news media to give this significant protest the grave attention and coverage it deserves. In particular, we urge media organisations that have hitherto blindly supported the establishment to view the wrestlers’ case with empathy and understanding instead of falling prey to politicisation of the legitimate demands of the wrestlers….With responsible media coverage, this issue can be the springboard for the media to bring to light the wider truth about how most of our sporting bodies are managed, or rather mismanaged, by their political patrons.”

Related:

WFI leadership accused of sexual harassment by Indian women wrestlers, absence of redressal mechanisms the focus

Delhi police to file FIR against WFI President in sexual harassment case

391 complaints of sexual harassment at workplace received from Central Ministries: Government

The post Independent mechanisms on sexual harassment at workplace imperative, NWMI stands in solidarity with women wrestlers appeared first on SabrangIndia.

Justice Gautam Patel has set out guidelines for the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and Rules, which include protecting the identities of the parties, and restriction on reporting of judgments without approval.

Justice Patel said, “It is imperative to protect the identities of the parties from disclosure, even accidental disclosure, in these proceedings. This is in the interest of both sides. There appear to be no established guidelines so far in such matters.”

The court has directed that:

1. The order sheet will not have the name of the parties;

2. In the body of any order, there will be no mention of any personally identifiable information such as email ids, mobile or telephone numbers, addresses etc. No witness’s names will be mentioned, nor will their addresses be noted;

3. Orders/judgments on merits under the POSH Act will not be uploaded;

4. All orders and judgments will be delivered in private, that is to say, not pronounced in open court but only in Chambers or in-camera.

Justice Patel further recorded in his order, “Both sides and all parties and advocates, as also witnesses, are forbidden from disclosing the contents of any order, judgment or filing to the media or publishing any such material in any mode or fashion by any means, including social media, without specific leave of the court.”

The court also directed that the registry will not permit anyone other than the Advocate-on-Record with a current and valid Vakalatnama to take inspection or copies of any filing or order. He also said that the entire record is to be kept sealed and is not to be given to any person without an order of the court. “Witness depositions will not be uploaded under any circumstances”, said the court.

Lastly, the court has also warned people and media persons of contempt, if the guidelines are not strictly complied with.

Concerns from the order 

While privacy is a fundamental right and must be protected against impingement, public awareness of the outcome of such cases cannot be ignored. The order encourages censorship in the name of identity protection.

Other kinds of proceedings related to sexual crimes before lower courts, Special POCSO courts, fast track courts do not require the courts permission for reportage. If such criminal hearings of rape and other offences under Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, 2012, are allowed to be reported, this exception only for POSH cases is needless.

By preventing both sides from mentioning details of an order or speaking about it in the media or social media, the guidelines hinder one’s freedom of expression. Since such guidelines shield someone’s identity, there is a likelihood that serial offenders may misuse this and can also lay grounds for defamation suits against women. The case of Mobashar Jawed Akbar vs Priya Ramani (Complaint case number 5 of 2019), is a recent example where the former politician had filed a criminal defamation case against the journalist who levelled sexual harassment charges against him.

Access to records creates another problem. The court has directed the registry to not provide case records to any person apart from lawyers, and the entire record is to be kept sealed and is not to be given to any person without an order of the court. This direction will not allow companies’ human resource departments to carry out background checks before hiring an individual.

If the entire intention behind the guidelines is to minimise false cases, it is inadequate since the same shield of anonymity is not allowed for other serious charges like rape under the Indian Penal Code, sedition or any anti-terror and preventive detention laws.

Locking away information about a convicted sex malefactor, defeats the purpose of such legislations that are meant to aid the survivors.

The order of the Bombay High Court as also the Order of the Delhi Court in Mobashar Jawed Akbar vs Priya Ramani may both be read here:

Related:

391 complaints of sexual harassment at workplace received from Central Ministries: Government

I feel vindicated: Priya Ramani acquitted in MJ Akbar defamation case

On Akbar and the #MeToo Movement

Delhi HC upholds dismissal of Judge for workplace sexual harassment

The post Bombay HC orders protection of identities in POSH proceedings appeared first on SabrangIndia.

The Delhi High Court has recently remarked on the unfortunate trend of registering fake FIRs in connection with sexual offences against women, either to force a party from withdrawing a complaint instituted against them or to “arm-twist a party”.

Justice Subramonium Prasad said, “Unfortunately, it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party from withdrawing a complaint instituted against them or to arm twist a party. Offences under Sections 354, 354A, 354B, 354C, 354D IPC are serious offences.”

The Indian Penal Code sections 354 deals with the offence of assault or criminal force to woman with intent to outrage her modesty, 354A lays down the punishment for sexual harassment, 354B relates to the offence of assault or use of criminal force to woman with intent to disrobe, 354C covers the offence of voyeurism and 354D deals with the offence of stalking.

The court was hearing petitions for quashing two FIRs registered under offences of insulting a woman’s modesty, criminal intimidation, voluntarily causing hurt, wrongful restraint, assault with intention to disrobe and sexual harassment.

But with the intervention of some common friends, relatives and family members, the parties settled their dispute and an oral settlement had been reached between them. The court noted that the parties “have realised their mistake and they have decided to compromise the matter.” Thereafter, the parties approached the court for the quashing of the FIRs.

Justice Prasad made some stern remarks as allegations of such nature have the effect of tarnishing the image of the person against whom such allegations are made. “Allegations regarding these offences cannot be made at a drop of a hat. This practice is an abuse of the process of law. The instant case is a classic example as to how frivolous allegations of Section 354 and 354A have been levelled by the parties against each other”, he said.

The High Court also said that such frivolous FIRs overburden the police force with extra work. “This court can take judicial notice of the fact that the police force is very limited. Police personnel have to spend time investigating frivolous cases. They have to attend court proceedings, prepare Status Report etc. The result is that investigation in serious offences gets compromised and accused escape because of shoddy investigation,” he commented.

Justice Prasad suggested that it is important to initiate action against persons who file frivolous complaints under such serious provisions only for ‘ulterior purpose’. In the instant case, since the Delhi police spent time in investigating the offence and considerable time had been spent by the Court in the criminal proceedings, the High Court imposed a cost of Rs.30,000 on the petitioners with a warning to not file false and frivolous cases.

The judgment may be read here: 

Related:

Bom HC pulls up trial court for using objectionable words in rape acquittal order

Sexual Harassment: SC refuses to dismiss disciplinary proceedings against retired judge

SC closes case probing ‘conspiracy’ behind sexual harassment charges against Ranjan Gogoi

Delhi HC upholds dismissal of Judge for workplace sexual harassment

The post Fake sexual harassment cases becoming a trend: Delhi High Court appeared first on SabrangIndia.