Mr. Brij Bhushan's Trial to Commence form 26th July 2024

Elite Indian wrestlers, including Sakshi Malik and Vinesh Phogat, have protested against Brij Bhushan Sharan Singh, former Wrestling Federation of India president, accusing him of sexual harassment. Charges include assault and stalking. After extensive protests and legal actions, Singh's trial will begin on July 26 at the Rouse Avenue court.

LEGAL NEWS

Bhawna

7/14/20242 min read

Brij Bhushan's Trial in Sexual Harassment Case to Commence from July 26:

Elite Indian wrestlers Sakshi Malik, Vinesh Phogat, and Bajrang Punia have been protesting at Jantar Mantar against the now ex-president of the Wrestling Federation of India, Mr. Brij Bhushan Sharan Singh. Mr. Bhushan has been accused of sexual harassment. The athletes demanded his immediate arrest and accused the police of abuse of power. Irritated, Vinesh Phogat said, “The way they have made us suffer, I would not want any athlete to win a medal for the country.”

What was the Wrestlers' Protest All About?

Wrestlers led by Olympic bronze medal winners Sakshi Malik and Bajrang Punia first protested in January 2023. They accused Brij Bhushan of sexually harassing female athletes. Singh was also a BJP MP from Uttar Pradesh’s Kaiserganj. Vinesh Phogat, a Commonwealth Games women's gold winner, also alleged that the head of the federation and coaches had sexually harassed women. Wrestlers even threatened to throw their medals into the Ganges and demanded Singh's arrest.

Sections that were Imposed:

Delhi Police had filed a charge sheet under Sections 354, 354A, and 354D of the Indian Penal Code. Section 354 deals with assault or criminal force on a woman with intent to outrage her modesty, 354A concerns sexual harassment and its punishment, and Section 354D addresses stalking, which is a non-bailable offense if a complaint is filed more than once.
Further, Section 10 of the POCSO Act defines “aggravated sexual assault” on a minor. It was not mandatory to make an arrest since the maximum punishment he faced was five years. The POCSO case was dismissed as the father of the minor withdrew his allegations.

Why in the News?

In January 2023, wrestlers began to protest. They sent a letter to Indian Olympic Association President PT Usha to form an inquiry committee into the matter. The Sports Minister then declared the formation of an oversight committee. However, wrestlers were unhappy as they were not consulted on the choice of the oversight committee members, and the committee's findings were not made public. During the new parliament inauguration, Bajrang Punia, Vinesh Phogat, Sakshi Malik, and other protesters marched towards the new Parliament.
With no action taken, wrestlers then called for Supreme Court intervention, and the police launched an investigation. The Apex Court closed the proceedings after Delhi Police registered two FIRs as the purpose was to ensure the registration of the FIR and also directed security for the complainants. The first FIR was registered under the POCSO Act, and the second one was for investigation under the relevant sections for outraging modesty.
Delhi Police filed a chargesheet against Brij Bhushan Singh in June 2023. In July, the Delhi Rouse Avenue Court granted bail to Mr. Brij Bhushan with two conditions:

1. He was not allowed to leave the country without prior permission.

2. He was strictly instructed not to influence the witnesses.

In May 2024, the court formally framed charges. In April, the court rejected Bhushan's plea seeking further investigation into the case. Now, the Additional Chief Judicial Magistrate, Priyanka Rajpoot, of the Rouse Avenue court, has summoned the police officials to present the statements. The trial in the sexual harassment case against Mr. Brij Bhushan is set to commence on July 26.