Brij Bhushan Acquittal Challenged By Women Wrestlers Over Sexual Harassment Case

Women wrestlers have challenged the acquittal of former BJP MP and Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh in a Delhi Sessions Court, arguing that the trial court applied an “ideal victim standard” while assessing their allegations of sexual harassment.

The petition is listed for Saturday at 10 am before Special Judge Dig Vinay Singh of the Rouse Avenue Court. Indian Express reported that the wrestlers have challenged the August 3 order acquitting Singh, more than three years after six women wrestlers accused him of sexual harassment.

The petition argues that the trial court relied on stereotypes about how victims of sexual assault or harassment are expected to behave. It specifically challenges the court's assessment of the complainants' conduct, including their inability to recall the dates of alleged incidents with photographic precision, their failure to immediately fight back and their decision to maintain professional ties with Singh despite his complete control over their careers, the petition said.

‘Archaic’ order challenged

The wrestlers described the order as “archaic” and founded on an “erroneous and selective appreciation of evidence on record”. They argued that it relied on “stereotypical assumptions about the “expected” behaviour of victims of sexual assault and harassment, rather than on a fair, evidence-based assessment”.

The petition further said the magistrate court “repeatedly treats the absence of retaliation” as proof that the “allegations are false”.

Why Singh was acquitted

The August 3 order by Additional Chief Judicial Magistrate Ashwini Panwar said the victims had initially been hesitant to make allegations against Singh because they feared that doing so could jeopardise their careers.

The court noted that when they eventually came forward, they gave “wrong” details about the country and year in which the alleged incident took place. It cited the discrepancy among the major reasons for acquitting Singh.

“All the victims have deposed that they did not make allegations against the accused persons timely as they feared loss of their career… when they took up the courage to do so, they ended up mentioning the wrong country and the wrong year as the alleged place and year of the incident in question… the shift in the first/initial version of the witness with respect to the place/country and the year where the incident allegedly occurred is fatal to the prosecution story,” the court had said.

The court had also said the allegations were “false and fabricated” and “seem to be politically motivated”.

“… I have no hitch in saying that the version given by the victims ‘p’ and ‘i p’ discredit the prosecution case completely and also show that the entire allegations are false and fabricated made collectively at the instance of ‘v p’, ‘b p’, and the coaches of Mahadev Academy, against the accused persons in deep conspiracy which seems to be motivated politically,” the court had said.

Case details

Indian Express reported that the trial was completed three years after the chargesheet was filed, with 32 prosecution witnesses examined.

Two complainants had alleged that Singh touched them inappropriately and sexually using the pretext of checking their breathing patterns.

Of the six complainants, two later turned hostile. Charges were not framed in relation to allegations levelled by a third complainant.

Vinod Tomar, who was the WFI's assistant secretary at the time, was also acquitted in the case.