The athletes in the world of sports have often been fraught with challenges while addressing their own issues of sexual harassment. In spite of several instances in the past, the events leading to such traumatic turn of events often go unnoticed. So how are we addressing the elephant in the room?
Larry Nassar, a former US National Gymnastics team’s doctor was charged with sexual harassment of several athletes like McKayla Maroney, Simone Biles and Aly Raisman. The athletes went through bouts of anxiety, depression, PTSD and the abuser was slapped with a $380 dollar settlement with the US Gymnastics and The US Olympic and Paralympic Committee.
In India, Rajendra Kumar Sharma was alleged of sexually harassing a female Indian cyclist who was a part of the Indian team that went to Slovenia. Sharma allegedly forcefully offered the athlete post training massages, thrusting himself onto her and asking her to get physically intimate with him. An ex-IAF officer, RK Sharma was involved with the Cycling Federation of India from his days at the Air Force.
In India, there are more than 50 sports federations and associations where the ICC remains non functional and often act according to the whims of the top bosses. This has resulted in complaints of sexual harassment going unnoticed. These sports federations often cover up the untoward advances of the coaches, managers and other officials as different approaches and stringent training modules, often resulting in burying the complaint even before the athletes could find themselves any safer corner for their woes and plights.
The high handedness of the Sports federations are not new and with the involvement of the ruling factions into the boards of these federations, the complaints do not see the light of the day and more than often female athletes hold back because of the fear of loss of a bright career. The idea of “ compromise” acts like a bulldozing part of these athletes’ lives if they intend to shine in their respective sports and the implications are therefore apparent in front of our eyes.
Before the wrestlers’ case erupted, there have been instances where the President of the Mallakhamb Federation of India and of the Federation International Mallakhamb( FIM), Ramesh Indoliya was removed after a governing body meeting where he found to have been involved in sexual harassment of several female athletes. His conduct was found to be violative of the Sports Code of 2011. It is however pertinent to note that the MFI’s Constitution in 2011 was not in line with the Sports Code back in the day.
There are certain aspects in the case of the protest of the wrestlers that needs to be highlighted. It can be seen more like a state oppression against those voicing concerns for their safety. The body politic in the sports has deeper and unending crevices that even the top athletes could not get respite from. Law has been seen in this regard as a powerful armour for the state, rather than a shield for the athletes. Recently, the police had registered an FIR against the wrestlers under the following provisions:
Section 147( Rioting), 149( unlawful assembly), 186( obstructing public servant in duty), 188( disobedience to order duly promulgated by public servant), 332( voluntarily causing hurt to deter public servant from his duty), 353 ( assault to deter public servant from discharge of his duty) of the IPC, along with Section 3 of the Prevention of Damage to Public Property Act.
Retired Supreme Court Justice and Judge of the Supreme Court of Fiji, Justice Madan Bhimrao Lokur had spoken of the irony in the FIR being filed against the wrestlers, whereas the police must have taken the complaint seriously and investigated the matter against the BJP MP.
Prateek Som, Advocate and National Spokesperson of JJP says, "two separate FIRs are registered in POCSO & Rape, due investigation mandated under CrPC is ongoing. It is the prerogative of the Investigative Agency to arrest the suspect or not. However, clear guidelines are laid down through the judiciary which forms the basis of arrest, like the apprehension of intimidating witnesses, flight risk, etc. In my opinion wrestlers should wait until investigation is complete & charge sheet is filed."
The matter necessitates a serious intervention for one of the complaints falls under the purview of POCSO as Brij Bhushan is alleged to have sexually harassed minor wrestlers too. The Delhi Police had imposed Section 144 to apparently limit their protests around the Jantar Mantar region and they did not want any security breach during the inauguration of the new Parliament.
The pictures however speak a different story, The way Sakshi Mallik was seen to be dragged down by the Rapid Action Force or a physically torn down Vinesh Phogat was seen being pulled down talk of the atrocities in the hands of the police administration. Also, a pertinent question remains as to why several male policemen were seen dragging the female wrestlers along with the female personnel. Section 46, 47(1) and 51(2) mandates that no male officer can touch the female person under any circumstances.
The law, as it seems, exists to help the people in power and in spite of the ‘sleepless, haunting’ pictures that are around the social media, as narrated by Indian Shooter Abhinav Bindra, there are hardly any complaints taken against the police. Law-abiding citizens and the wrestlers in this case have all the rights to protest( Reference: Madhu Limaye v SDO, Monghyr & Ors.) By invoking Section 144, the State intended to strangulate the protesting voices even when the apex court had ruled that the Section 144 can be invoked when there is a serious threat to public peace, and that by no means should an imagined apprehension. It seems that nothing could deter the wrestlers in the face of all odds. They seem to be like the one reverberating, strong and upright voice which is pacing against all the wrongs, all the silence pervading even among the top most sportsmen in the countr who are standing there clapping to the glory of a country whose daughters are reeling in the dusts of Delhi.
They, like the voice in Nirendranath Chakraborty’s Ulango Raja( the naked king), are asking:
“ King, where have you left your clothes?,
(For you have been exposed)”
Note: The opinions expressed in this article belong to the author alone.