The Indian Express reported on Tuesday, June 6, that the minor wrestler has withdrawn her complaint against the Wrestling Federation of India (WFI) chief and BJP MP Brij Bhushan Sharan Singh. However, The Print reported that the minor’s father dismissed the news as fake and confirmed over the phone that they have not withdrawn the complaint.
Even if the minor did give another statement to the magistrate, lawyer and activist Vrinda Grover points out that calling this a “withdrawal” of the charges or complaint is a legal fallacy. She also said that since a large section of the media panders to the Union government’s power, such reportage creates confusion in the minds of people.
The minor and six other wrestlers had filed complaints against Brij Bhushan in April 2023. Speaking to TNM, Vrinda elaborated that statements by the minor wrestler, are deposed before a magistrate under Section 164 of the Criminal Procedure Code (CrPC). “All 164 statements carry evidentiary value because they are made to a magistrate and signed by the maker of the statement. But such statements still have to be examined before a criminal trial court for their veracity to be established. No complainant can simply give a statement contradicting their previous one and take back their complaint or allegations. Such reportage by the media is not only the wrong interpretation of the law but also confusing,” she said.
“No matter how many statements the complainant gives, she will have to step into the witness box before the court and speak under oath. Since here the complainant is a minor, she will be given the required privacy and witness protection, and her statements will be examined by the court to arrive at their validity. So this is not a “withdrawal” of a complaint or evidence of the accused’s innocence. Once an FIR is filed in a criminal case, it has to be adjudged by a court of law. A crime is considered a wrong against society and the state is duty-bound to prosecute the accused before the law,” she added.
In the two FIRs filed on April 28 based on the complaints of seven wrestlers, including the minor, altogether 12 instances of sexual assault and at least three instances of Brij Bhushan asking for sexual favours were detailed.
The accused Brij Bhushan, a six-time BJP MP from Uttar Pradesh and first in command of the WFI, has been charged with several sections of the Indian Penal Code, and Section 10 (aggravated sexual assault on a minor) of the Protection of Children from Sexual Offences (POCSO) Act. In an attempt to defend himself after this, Brij Bhushan had claimed that the POCSO Act is being misused and said that he wants it amended.
Commenting on how the delay in Brij Bhushan’s arrest may have exerted pressure on the complainants, especially the minor, Vrindra Grover said that arrest is necessary in cases like this where the accused is powerful enough to tamper with evidence and intimidate witnesses. “You can’t be more powerful socially, economically, and politically in this country as Brij Bhushan is. We are already seeing how his not being arrested is affecting not just the protesting wrestlers but the morale of women in sports, and there is nothing left to speculate that he can intimidate witnesses to the extent of compelling them to retract their allegations,” she said.
Calling news reports of the “withdrawal” of charges by the minor wrestler troubling, Vrinda Grover also said that this only creates mistrust among the protesting women wrestlers and confusion in the minds of the public, egging them to turn their attention away assuming there is something fishy with the whole thing. “Even yesterday we read “reports” of how another wrestler “withdrew” from the protest and joined back at her workplace. Of course, you cannot have a prolonged leave of absence from work, but she herself clarified that she has not stepped back from the protest,” Vrinda said.
“This protest has received quite a lot of public support and tampering with that by making such claims is irresponsible because these women are trying to stand by one another and trust each other because nobody else will,” she added.
Commenting on whether the reported retraction of allegations by the minor in a new 164 statement is contradictory, Vrinda Grover says that it is the most normal, natural, commonsensical thing to happen.
“We know that a large section of the media backs the government, serving as their mouthpiece. They create confusion in the matter and pander to power. While some of us have supported the wrestlers, there has not even been a murmur from those in the government. We have seen how female Members of Parliament ran away to avoid commenting on this issue,” she said, recalling how the wrestlers were manhandled and detained on the inaugural day of the new Parliament building as the accused was an invited guest at the ceremony presided over by Prime Minister Narendra Modi.
“When every signal has been given that Brij Bhushan will be protected, how can we expect a minor survivor to withstand the pressure it exerts on her and her family?” Vrinda asked. The senior legal activist also added that her experience has shown that in our country a woman must be ready to put everything at stake if she wants to get the legal justice system to even respond to her complaint.
“It is a myth that men lose a lot when they are accused of sexual harassment. I can substantiate every word of this with evidence in case after case. A woman will have to put her career, reputation, life, and family peace at risk if she wants to pursue her case, while a man loses nothing,” she said, citing that it is unfair to look at the reported retraction of statements by the minor wrestler as an indication of innocence of the accused.
“If anything, this is a signal to arrest him right now,” she said.