Why Government is not Willing to Protect Victims of Sexual Harassment and Question BJP MP ?
The Act , Protection of Children from Sexual Offences Act , 2012 was made , to protect children from offences of sexual assault , sexual harassment and Pornography and provide for establishment of Special Courts for trial of such offences . Even non-reporting of a sexual assault against a minor constitutes a serious crime . The law entails that trial should be completed within a year with the special court taking cognisance . Further , the burden of proof , after the trial begins and the prosecution has established the foundations of the charge , lies with the accused .
The sorry state of affairs continues like this : The protest began in January but was lifted within days with the assurance of an inquiry by the sports minister . Both the inquiry and the investigation started on the wrong foot . Violating clear directives of the POSH Act , WFI had no internal committee to look into the sexual harassment charges – a reason enough to dismiss the officials of WFI so that they do not exert any influence over future proceedings .
Yashovardhan Azad criticised “ with such provisions underlining the intent of the lawmakers behind the POCSO Act , the laggard investigation is distressing and against all canons of justice . Forget POCSO , even the other case shows no progress . In such crimes , the first rule is to record the statements as early as possible before a magistrate . The wrestlers ’ statements have been recorded , but – forget the demand for his arrest – the accused has not even been called for his statement ”. Azad says : Amid the display of grandeur during the inauguration of the new Parliament
� of their rights and destroys the environment for the benefit of corporates and imperialist multinational companies . �
June - 2023
Madabhushi Sridhar Acharyulu , Former Central Information Commissioner
House , two images stood out juxtaposed on TV screens – India ’ s champion women wrestlers pinned to the ground by security forces and a defiant Brij Bhushan Sharan Singh , MP , standing in the precincts of the House . He further said : The images vividly described the saga played out before the public since April 23 when the women wrestlers , driven to abject desperation , began a dharna at Jantar Mantar for the second time , agitating for the arrest of the MP , who is the president of the Wrestling Federation of India , on sexual harassment charges .
Surprisingly , the accused has been airing his views openly against the alleged misuse of the POCSO Act and claiming that it was wrongly drafted by the previous government . He has even announced that changes will be made accordingly . In a public meeting , he joked about the crime being merely one of touch . ( But who will decide that the touch was not inappropriate ?) He suggested a polygraph test on himself and the wrestlers . A snide remark followed that Vinesh Phogat is playing the role of Manthara .
There is none to take action , because the MP was a powerful leader of BJP . Then protest started , but Government ignored . A FIR was lodged , that too , only on the Supreme Court ’ s intervention . Then we have a provision of law in Criminal Procedure Code . They took cover under the exceptions explained by the Lalita Kumari judgment , which allows an initial inquiry when a complaint is made after a certain period , the Delhi police finally lodged two FIRs under Section 354 of the IPC ( sexual assault ) and Section 354D ( stalking ). The second offence is under Section 10 of the POCSO Act . The POCSO Act is a special legislation meant to protect minors from sexual abuse and exploitation . Even non-reporting of a sexual assault against a minor constitutes a serious crime . The law entails that trial should be completed within a year with the special court taking cognisance . Further , the burden of proof , after the trial begins and the prosecution has established the foundations of the charge , lies with the accused .
My formal colleague , Yashovardhan Azad , former senior Police Officer , and former IB , besides Central Information Commissioner , said with pain and agony , questioned : “ FIRs would be registered , statements taken , evidence collected and witness statements recorded . Notice under Section 41 of the CrPc would have been slapped on the accused and arrest made citing reasons . Instead , a political slugfest is out in the open . Ludicrous theories are being aired behind lodging of FIRs – politics and lucre . Can the seven wrestling champions , holders of Olympic and world medals , fall prey to such petty gains ? Can a life ’ s mission earned with sweat , blood and grit be frittered away under political influence ?”
Yashovardhan , worked from 2013 to 2018 as CIC , in Union of India , since 2005 , designated in rank of judge of Supreme Court with five years of term , when it was diluted and reduced to low down and amended the Right to Information Act in 2019 , it was violation of Right to freedom of speech and expression , through RTI Act ).
Dismantle the Structures of Sexual Violence
I would support and sign the following statement . Dismantle the structures of sexual violence , NOT the
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