Two FIRs registered by Delhi Police against outgoing WFI Chief based on seven complaints of one minor and six adult wrestlers narrating explicit details of groping, inappropriate touching, sexual harassment, stalking and intimidation from 2012 to 2022, hang fire. On April 28, these FIRs were registered by Delhi Police on Supreme Court intervention. Minor wrestler has invoked the Protection of Children against Sexual Offences Act, 2012 (POCSO), whilst alleged offender has been charged with outraging modesty, sexual harassment and stalking under Indian Penal Code (IPC). Public outcry, shock and anger amongst sportspersons, serious media criticism and abject horror, have not even led to the arrest of accused. Immersion of medals by wrestlers in Ganges has found support even with India 1983 World Cup Cricketers. But, sadly, police action and wheels of justice stand grounded and wrestlers now battle for justice on streets instead of wrestling grounds.
India acceded to the United Nations Convention on the Rights of the Child (UNCRC) in 1992, leading to the enactment of POCSO and the Commission for Protection of Child Rights Act, 2005 (CPCRA). “National and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights,” was the Preamble. Commissions under CPCRA, having all powers of Civil Courts, can enquire into violation of child rights and recommend initiation of proceedings, as also take suo moto notice of deprivation and violation of child rights. Commissions shall exercise powers to forward cases to Judicial Magistrates to hear complaints against accused. National Commission for Protection of Child Rights (NCPCR), Delhi, is turning a blind eye, maintaining a stoic silence.
Today’s media reports that NCPCR sent a member to Chandigarh following reports of alleged gang rape of a minor girl. Addressing media, NCPCR member stated that NCPCR came to Chandigarh on learning of this worrisome crime to hold discussions with various stakeholders including SHO of police station, where FIR was lodged to diligently investigate details and provide updates. Amazingly dharna, demonstrations, agitation at Delhi of inaction in FIR of a minor invoking POCSO attracted no attention of NCPCR.
Traumatised, dejected and horrified family members of unfortunate wrestlers find themselves helpless, confused and unable to cope up with alleged heinous crimes. In 2012, Parliament enacted POCSO to protect children from offences of sexual assault, sexual harassment, etc., but unfortunately, alleged offender has raised an outcry against POCSO. Have protectors turned predators. Fault lies within. Sadly, to despair, POCSO unimplemented lives in oblivion.
For monitoring and implementation of POCSO, it enjoins that NCPCR and SCPCRs constituted under CPCRA shall ensure effective carrying out of POCSO. Supreme Court has directed all States to ensure that regulatory and monitoring bodies are constituted and made functional. In so far child sex abuse is concerned, POCSO is a wholesome law. Remedies to handle public outcry is by implementing POCSO in minor wrestler’s case. Child offender must be charged, tried and punished in accordance with POCSO expeditiously. Speedy, stringent, and relentless pursuit of POCSO is both remedy and cure.
Commissions formed under CPCRA in India for protection of violation of child rights have a vast scope to deal with problems in hand. CPCRA talks about protection of “child rights,” in terms of definition given in UNCRC and functions/powers of Commission are very broad-based giving ample authority to it in all areas of child rights. Commissions formed under this Act in every State and at National level, will not only help solve problem of children but will also look at other areas and give directions to State level bodies for effective implementation.
It is a matter of public shame and international disrepute that women wrestlers who have had courage and strength to seek justice, have been forced to storm the bastille. As a sovereign, social, secular, democratic Republic, State cannot deny equality before law and equal protection of laws. State must ensure that Right to Live a dignified life with dignity, is a fundamental right. If women wrestlers have wrestled to bring glory, honour and medals for India, reciprocity demands that State must protect and uphold honour, repute and respect for them. It has taken momentous valour for women wrestlers to open a pandora’s box of alleged sexual abuse. Wrestlers are not supposed to wrestle in streets for justice. Court battles are there to engage Counsels in quest for justice.
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