The acquittal of Bharatiya Janata Party (BJP) leader and former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh in a sexual harassment case by a Delhi court raises troubling questions. These questions are familiar, too, especially when the charges are directed against powerful individuals. In Brij Bhushan’s case, the allegations were made by acclaimed women wrestlers, including Vinesh Phogat and Sakshi Malik, and pertained to sexual harassment and criminal intimidation. The court rejected the charges, stating the evidence was inconclusive and citing inconsistencies in the witness testimonies. About two-thirds of sexual harassment cases in the country do not lead to convictions; the rate drops further when influential persons are arraigned. Brij Bhushan, at the time of being accused, was an MP who held clout in the party and the government.

After the wrestlers went public with the allegations in 2023, it was clear that their bigger fight would be against the establishment. The fact that the Supreme Court had to intervene to get an FIR registered points to the odds the wrestlers were against. A minor wrestler who levelled charges against Brij Bhushan later withdrew her complaint, leading to the scrapping of a case under the POCSO Act. The wrestlers attracted international attention after they launched an agitation at Jantar Mantar in Delhi. They were dragged away by the police as they headed to Parliament in a march. Some of them considered throwing their medals in the Ganga. Though the Ministry of Sports formed an oversight committee to examine the wrestlers’ charges, its report was never made public.

The women wrestlers have said that they will appeal against the judgment. Vinesh Phogat noted that the wrestlers have not given up their hope for justice. They may keep the fight going, but this is a legal battle that underlines the challenge in confronting individuals holding positions of power. Two recent cases from Kerala – one involving the sexual assault of an actress and the other around a nun’s allegations of rape against a priest – illustrate a troubling pattern where protracted legal processes invariably end up punishing the survivors. The collapse of such cases in court will deter women from reporting the abuse. The complainants face intimidation and social harassment. Those who raised the charges against Brij Bhushan also had to navigate professional challenges. When the complainant suffers, and the accused prevails, it erodes trust in the state’s capability to protect survivors and dispense certain and timely justice. (Source: DH)