Take Action
Context:
- Famous wrestlers in India and the Wrestling Federation of India (WFI), which does not, as required by law, have an internal complaints body on sexual harassment, have recently been at odds over claims that a politician had sexually harassed female wrestlers.
Position of women in sports:
- However, over the past 10 years, wrestlers such as the Phogat sisters, Sakshi Malik, Alka Tomar, Divya Kakran, etc. have contributed to the increased popularity of women’s wrestling in India. In comparison to 2018, women’s involvement in Khelo India 2020 grew by 160%.
Obstacles & Issues:
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 stated that 16 out of 30 sports federations (including WFI) did not have internal complaints committees.
- Ethics of Coaches: Between 2010 and 2020, the Sports Authority of India received 45 complaints of sexual harassment, 29 of which were directed towards coaches, according to data obtained under the Right to Information Act.
- Problem with impunity: A junior sports coach accused the Haryana Sports Minister of sexual harassment last year. He remains a minister after being fired from the ministry of sports.
Taking Action:
- Female coaches must travel locally or internationally with the group of female athletes, under Sports Authority of India (SAI) standards.
- For the purpose of providing a single-window mechanism for the registration of sexual harassment complaints, the Sexual Harassment Electronic Box (SHe-Box) was created. The initiative was taken by the Ministry of Women & Child Development.
- The National Sports Development Code of 2011 mandates that national federations defend athletes’ welfare and security.
- All States have been advised by the National Commission for Women (NCW) to ensure that coaching facilities and educational institutions completely adhere to the law banning workplace sexual harassment.
- The National Human Rights Commission (NHRC) notified the Union Youth Affairs and Sports Ministry and the Sports Authority of India on the alleged inappropriate activities of a coach.
Important Phrases, Groups, and Laws:
- Sexual harassment is described as “any form of unwanted verbal, nonverbal, or physical conduct of a sexual nature, with the purpose or effect of violating a person’s dignity, in particular when creating an intimidating, hostile, degrading, humiliating, or offensive environment” (United Nations Convention Against Torture).
- The Prevention of Sexual Harassment at Workplace (POSH) Act 2013 mandates that the internal complaints committee have at least four members, with at least half of them being women. One of the members must be outside the group, ideally from an organisation or group that supports women’s empowerment or someone with knowledge of sexual harassment issues, like a lawyer.
- The institution in charge of regulating wrestling in India is called the Wrestling Federation of India (WFI). There is a link to United World Wrestling. Its main office is in New Delhi.
- A piece of legislation called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, aims to protect women from sexual harassment at work as well as to prevent and handle sexual harassment complaints. This Act took the place of the Vishaka Guidelines for Prevention of Sexual Harassment (POSH), which were introduced by the Supreme Court of India (SC) in 1997.
Key Components of the 2013 Act:
- The term “workplace” encompasses any facility, division, office, branch, etc. in the public and private sectors, both organised and unorganised, as well as hospitals, nursing homes, educational institutions, sporting venues, and other places an employee travels to while on the job, including transportation. This rule will also be applicable to non-traditional workplaces that permit teleworking.
- An internal grievances committee must be established by the company for each office or branch with ten or more employees. The District Officer shall establish a Local Complaints Committee in each district and, if necessary, at the block level.
- The committee shall complete its probe within ninety days. Depending on the circumstance, a report will either be given to the employer or the district officer after the investigation is complete. They have 60 days to respond to the report.
- Similar to a civil court, the complaint committees are able to gather evidence.
- The complaints committees must offer conciliation if the complainant requests it before starting an investigation.
- If the investigative process is not kept confidential, there would be a 5000 rupee fine.
- Employers must undertake education and awareness programmes as well as policies against sexual harassment, among other responsibilities.
Conclusion:
- Women have made remarkable strides in sports when compared to the dominant patriarchal structure in Indian society. If they are to be given power, they need both strong political will and legal protection. Then, India will achieve Sustainable Development Goal 5: gender equality, allowing them to realise their full potential.
