WFI sexual harassment case | Why those who say complaints are politically motivated are missing a historic moment in Indian sport

Olympic medallists Sakshi Malik and Bajrang Punia and World Championship medallist and reigning Asian champion Vinesh Phogat (above) have been leading the protest which first began in January 2023.

The wrestlers protesting at Jantar Mantar—led by Olympic medallists Sakshi Malik and Bajrang Punia and World Championship medallist and reigning Asian champion Vinesh Phogat—in New Delhi now have the deadly summer heat to contend with. It’s been over three weeks since they have been camped out on the pavement, trying to enforce nothing more than that due process be followed with their complaint of sexual harassment against the suspended Wrestling Federation of India (WFI) chief and BJP MP Brij Bhushan Sharan Singh.

In all the noise from the protest and the counter-attacks from Singh and those who support him, it is easy to forget that the allegations against Singh were not made on April 23, when the wrestlers took to the street, but back in January, when they first did a sit-in outside the offices of the WFI.

January. We're now in May. Let that sink in. Because that is a very long time to get the wheels of justice moving in a sexual harassment case, especially one which involves a minor, especially in the light of the rules and laws enacted after the Nirbhaya gang rape case in 2012.

It is only on May 12 that Delhi Police said that they have conducted an interview with Singh, the accused, and former WFI Secretary Vinod Tomar, who has also been named as a co-defendant. It is not clear if those interviews were done in front of a magistrate (which is the process that police need to follow if the interview has to be admissible in court).

Seven wrestlers, including a minor, have complained of sexual harassment against Singh. What is definitely known is that only the minor’s statement has been taken in front of a magistrate. The police have recorded the statements of the other six without a magistrate present. Why? This is one of the points the protesting wrestlers have raised. For those questioning why the wrestlers are still sitting at Jantar Mantar, even after the police have registered an FIR and started an investigation, this is the answer.

The wrestlers have grounds to doubt that things will follow the rule of law, or be done in good faith. When the wrestlers first made the allegations against Singh in January, they had prevented politicians from using their platform and made restrained statements against Singh. They withdrew the protest when the Sports Ministry and the Indian Olympic Association formed a panel to look into the allegations and suspended Singh. Then, nothing. No word from the ministry or IOA on the investigation (there is still no word). Instead, we had Singh presiding over a national tournament in his own village in UP in April.

When the wrestlers realized that this internal investigation was going nowhere, they tried filing an FIR with the police. Here, again, they faced a brick wall. In complete disregard to the rules and laws in place for sexual harassment and POCSO, the police refused to file an FIR. This is an almost unthinkable act in Delhi now. It needed the intervention of the Supreme Court for the police to finally lodge the FIR.

The wrestlers are not leaving anything to chance now. In the first week of May, they approached a Delhi Court with a plea for a magistrate to oversee the investigation. This was accepted. This is an important victory for the protesters. On May 11, the court directed Delhi Police to file a status report in a sealed manner. A magistrate is now going to keep a weekly check on the progress of the case. On May 12, Delhi Police formed a special investigation team (SIT) under a woman DCP, and filed a status report with the court. The court asked them to record the statements of all the complainants before a magistrate.

Also read: Vinesh Phogat: Unfortunate that IOA, sports ministry protecting a criminal instead of protecting athletes

On the same day, the ad-hoc committee now running WFI announced that they are moving the women’s wrestling camp away from the Sports Authority of India’s (SAI) Lucknow centre, which is a stronghold for Singh, to SAI’s centre in Patiala. The National Human Rights Commission (NHRC) took cognizance of a news report that most Indian sports bodies do not have a sexual harassment prevention cell, as is required by law.

The NHRC has taken "suo moto cognisance of a media report that there is no Internal Complaints Committee (ICC) in the Wrestling Federation of India (WFI) as mandated by the Prevention of Sexual Harassment (PoSH) Act, 2013".

"Reportedly, the wrestling body is not the only one not having a duly constituted ICC. In addition to it, there are as many as 15 of the 30 national sports federations who do not meet this mandatory requirement," it said.

NHRC has sent notices to the sports ministry, the BCCI, and SAI as well.

“They have been asked to submit detailed reports within 4 weeks including the present status of the ICC in their organization as well as the steps taken or proposed to be taken to address the issue,” the NHRC statement said.

Those who see political motivations behind the wrestlers' protests are missing an important moment in Indian sports, something that may have a profound effect on larger society as well.

In India, sexual harassment/rape/molestation are still largely taboo to discuss, and survivors are more likely to be shamed and harassed than not. There are serious barriers against a survivor trying to speak out, as the wrestlers' protests have made clear yet again.

“In our society and country, families don’t even know what sexual harassment is,” Punia said to reporters at Jantar Mantar. “There are so many women wrestlers who stepped aside because of this. About 14-15 women complained to the initial committee that was made to address this issue, but when it came to filing a complaint with the police, only seven were left. There were others who didn’t come forward at all. Because it needs all the courage in the world to speak out.”

Manisha Malhotra, a former tennis international who works as the head of sports excellence and scouting at JSW Sports, echoed that sentiment.

“There is sexual harassment in Indian sports,” said Malhotra. “But athletes do not want to take the step of filing official complaints. They know it can end their careers. They know that their own society may turn against them. They know they will be shamed. So, they try to hide it.”

Sexual predators, on the other hand, enjoy a sense of impunity. A recent right to information application revealed 45 complaints of sexual misconduct filed against officials and coaches with SAI between 2010 and 2020. The action taken was next to nothing. Five coaches had their pay reduced. One was suspended and then reinstated. And two had contracts terminated. None of them faced criminal proceedings.

“Indian sports has a long way to go when it comes to enabling athletes to voice their concerns,” Malhotra said. “First, there has to be a system where the complainant's identity is not revealed. The people who head sports federations are all powerful people in their own right.”