Wrestlers' Protest: Sakshi Malik Refutes Rumors, Addresses Legal Issues Surrounding POCSO Allegations

90% of those connected in the Indian wrestling scene were aware that Brij Bhushan Sharan Singh had harassed female wrestlers for the previous 10–12 years.
Wrestlers' Protest: Sakshi Malik Refutes Rumors, Addresses Legal Issues Surrounding POCSO Allegations

New Delhi— On Saturday, wrestlers Sakshi Malik and Satyawart Kadian stated that their six-month-long protest was not politically motivated and denied any involvement from the Indian National Congress (INC). This came two days after a chargesheet was issued against Brij Bhushan Sharan Singh, the sidelined chief of the Wrestling Federation of India (WFI).

Malik and Kadian asserted in a video posted on Instagram that, contrary to some reports, Haryana-based Congress member and Member of Parliament Deepender Hooda did not encourage them to start an uprising. They further stated that two members of the ruling Bharatiya Janata Party (BJP), including Babita Phogat, a fellow wrestler, had offered support during the initial demonstrations in January.

"We have been charged with organizing a protest for political reasons, with Congress leader Deepender Hooda serving as our catalyst. But we want to let everyone know that two BJP politicians, Tirath Rana and Babita Phogat, assisted us in obtaining the required police clearance when we initially came to Jantar Mantar for the protests in January. How can it be true that Congress leaders instigated us if BJP leaders assisted us in organizing the initial protest?" remarked Satyawart Kadian, a gold medalist from the Commonwealth Games, in the video.

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He further asserted that Brij Bhushan, who is presently being investigated for allegations of sexual harassment and stalking, has been harassing female wrestlers for more than ten years, and the majority of the Indian wrestling community is aware of his actions.

"I'll give you my word that 90% of those connected in the Indian wrestling scene were aware that Brij Bhushan Sharan Singh had harassed female wrestlers for the previous 10–12 years. Some even claimed to have witnessed such events, and a referee recently confirmed it." he said.

Lack of Unity in Wrestling Community

Sakshi Malik, an Olympic medalist, went on to explain why the wrestlers did not launch their protests against Singh years ago.

"We've been questioned about keeping quiet for so long. There are numerous causes for this, but the first is that wrestlers were not united. You have already witnessed what transpired with the minor complainant. Her family members were threatened, which led her to retract her criticism of Brij Bhushan. Wrestlers are typically from humble backgrounds and lack the courage to challenge someone of great status," added Sakshi Malik.

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Brij Bhushan Sharan Singh, the Wrestling Federation of India (WFI) president, is also a five-time BJP member of parliament and a well-known figure in UP politics. His career has been marked by a host of criminal accusations, including serial sexual harassment and molestation of seven female wrestlers over the previous ten years, as well as kidnapping, murder, attempted murder, and theft.

Despite the numerous FIRs filed against him, it appears that his political influence is still largely intact. He continues to represent the nation's most populated state as an MP for the ruling party, and he is about to complete his 12th consecutive year in the role of WFI president.

Legalities and Concerns Raised in POCSO Case Withdrawal

The Mooknayak spoke to Supreme Court Lawyer Prakhar Dixit to discuss the legalities surrounding the complaint withdrawal by the minor wrestler. "The problem in this case is multifaceted. Based on what I have read from media reports, it is believed that the minor's identity was revealed by a person online claiming to be her uncle. This person posted some of her documents and even claimed that she is above 20. However, in POCSO, it is important to note the age of the victim on the date when the crime took place," said Prakhar Dixit.

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He further stated the other issues to be noted in the case of the wrestlers' allegations against BJP MP Brij Bhushan Sharan Singh. Prakhar added that this case is not a usual case where a complaint is filed, the victim is heard, and then the accused is arrested. In this case, despite there being seven victims, the cognizance of FIR was not taken until the wrestlers approached the Supreme Court.

"One of the former Supreme Court Judges, Madan B Lokur, also said yesterday that the Supreme Court should have monitored the probe itself and considered what is happening right now under Delhi Police. Taking all the victims to WFI's office, even when the accused Brij Bhushan was still presiding as WFI Chief as quoted in media reports, is very worrisome," added Prakhar Dixit.

Furthermore, the lawyer mentioned the 2013 Ministry of Women and Child Development modal guidelines under Section 39, which are specifically for pre-trial assistance of minors. These guidelines explicitly state that the victims have the right to privacy and the right to be protected from hardships during the justice processes. Therefore, the kind of things that are happening shouldn't have happened.

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Prakhar, in further conversation with The Mooknayak, said, "We do not know what is happening in court regarding this crime, but once the FIR is registered and the magistrate has taken cognizance of any matter, be it POCSO or other criminal matters, it is upon the magistrate to record the victim's statement because in many cases, minors are very vulnerable and they are subjected to a lot of stress, especially in cases where the accused are powerful men. I believe Delhi Police has done a great injustice to the whole probe and to these female wrestlers by taking so long to complete the probe. Not only that, this particular person in such a powerful position should have been arrested for a fair probe. If not that, the female wrestlers shouldn't have been taken to the WFI office when Brij Bhushan remains the WFI Chief. This is a botched-up probe, and the kind of pressure the minor and her family would be going through is immense."

"Based on the minor's change in statements, the police provided a closure report, but it is upon the magistrate to decide whether to keep it active or consider it closed. However, the sections that have been used by the Delhi Police are all under 7 years, making it elementary for the accused to obtain bail," stated Prakhar when asked about the POCSO complaint withdrawal.

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