One of the known social issues in sports that prevents female athletes from playing and pursue their careers is sexual harassment (“SHA”). It encompasses unwanted, unconsented, and coerced sexual behaviour, ranging from the use of disparaging gender-based stereotypes to sexually provocative jokes, threats, intimidation, or actions or approaches that are sexually suggestive.
SHA in sports has been a grave concern throughout the world, but Indian sports’ headlines have displeasingly taken a sharp turn towards the worse, with some high-profile accusations and cases in the past few months. One such accusation against the president of the Wrestling Federation of India (“WFI”) Brij Bhushan Sharan Singh, by Vinesh Phogat, an Indian Olympic athlete and a celebrated wrestler, marks a significant hour for these issues in Indian sports to be catered to.
This blog addresses the current issue in the lives of women athletes and their safety within their sport abodes.
The Allegations That Provoked a Movement
Vinesh Phogat along with other wrestlers raised allegations of SHA and misconduct against Brij Bhushan Sharan Singh and levelled similar allegations against unknown officials in the federation. It has been stated by the wrestlers that they have faced threats and harassment that had previously deterred them from speaking and raising these issues. Not only do these claims come from highly influential individuals but they also shed light on a more general systematic issue that extends beyond individual acts of malfeasance, being the reasons why these claims carry such a significant weight.
These allegations have thus resulted in a national debate and concern over the safety and respect for athletes, which highlights the issues related to governance, accountability, and transparency within sports organizations. The denial of allegations owing to Singh being a key political figure is making the scenario more complex as it has now added political elements as well.
Why Silence Persists in Indian Sports
A number of reasons contribute to SHA cases going unreported in Indian sports, including the pervasive culture of silence which is forced down upon the victims due to the myth of their image being at stake. Some of these factors are as follows: –
- Power Imbalance: Authorities like coaches exercise their power over athletes. It is done so in training, giving praises and criticism, making evaluations of their performances and giving recommendations which will help athletes in furthering their goals and move closer towards them. As a result of such power, officials and coaches take undue advantage of their positions.
- Fear of Retaliation: This is one of the major fears that holds back a victim from reporting the trauma that he/she has been going through and also at times results in cases going unreported, leading to no actions being taken forward. The same may happen to athletes as they may fear losing their position and place which they have achieved after years of their hard work. The fear of facing professional setbacks, societal stigma, being judged, are some of the reasons why they are forced to choose silence over reporting such issues, due to the loss of their position, dignity and time which they invest in their respective sport. This is a matter of grave concern because sportspersons, anywhere in the world are looked above as a source of inspiration and strength.
- Lack of Support Mechanisms: The absence of effective and efficient grievance redressal mechanisms often creates a hindrance to victims from lodging complaints and achieving justice. This creates a greater need for speedy legal procedures and assurance for the sportspersons facing such grievances. In a country like India, where each day is marked with growth in the sports industry, such issues need to be highlighted and taken care of immediately, so as to provide a safe space for all the sportspersons present, irrespective of their gender.
These challenges have been illustrated through Phogat’s case. Despite standing up against such a heinous offence, she has faced backlash for speaking up, highlighting the difficulties that less influential athletes might face.
Legal Protections and Initiatives
In India, SHA is dealt with by laws such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. However, the rise and notice of such issues question the effectiveness of these laws in sports organizations. This drives attention towards internal concerns withing the federations which lack robust complaint committees, and the lack of complete awareness or enforcement of these legal protections and remedies.
Directives have been issued by the Ministry of Youth Affairs and Sports, mandating the establishment of committees addressing SHA grievances within sports federations. However, its inconsistent implementation has been a hurdle and many organizations have not succeeded in taking these measures seriously.
The National Sports Federation of India (“NSFOI”) has received rules from the Sports Authority of India (“SAI”) requiring that women coaches travel with the contingent of female athletes, whether they are traveling domestically or abroad.
Initiatives and Activeness of SAI
In June 2022, SAI made the decision to recall the entire Indian cycling contingent from Slovenia following allegations of inappropriate behaviour levied against chief coach R.K. Sharma by a female cyclist. The endurance team, comprising five male and one female cyclist, had travelled to Slovenia for a training-cum-competition camp aimed at preparing for the Asian Track Cycling Championships scheduled in New Delhi from 18th to 22nd June, 2022.
Onkar Singh, Chairman of the Cycling Federation of India (“CFI”), confirmed to the Press Trust of India (“PTI”) that SAI had taken the decision to terminate the trip prematurely. Along with this, SAI issued a formal order to coach Sharma to return to India immediately. In fact, this training camp was organized in Slovenia to enhance competitive readiness for the team for the upcoming championship event back then.
The complainant reported incidents of harassment during the Slovenia camp. She said to have been feeling in grave distress and even feared for her personal safety. The matter went public when SAI issued an official statement indicating that the cyclist was recalled for her well-being.
The accusations encompassed intimidation to share a hotel room with the coach, framed as logistical necessities related to twin-sharing arrangements. Notwithstanding her appeal, while SAI organized separate lodging, the coach allegedly barred her from involvement in a later team event in Germany as a consequence of her dissent. Moreover, the cyclist asserted that the coach intimated that he would jeopardize her professional trajectory by arranging for her expulsion from the National Centre of Excellence (“NCOE”) should she fail to adhere to his requirements.
She, therefore, decided to withdraw from the training camp due to the threats and fears over her safety.
- Initiatives by National Human Rights Commission (“NHRC”)
Notices have been issued by NHRC to the Union Youth Affairs and Sports Ministry and SAI on the reported inappropriate behaviour of coaches.
Some of the suggestions that emerged from the discussion were as follows:
- It is essential to have coaches who are trained in clinical psychology to prepare the athletes better;
- Insurance benefits should be streamlined to athletes suffering sports injuries;
- Encourage athletes to disclose instances of sexual assault;
- Ensure that all sports organizations have institutional and operational systems;
- Bolster institutional support systems for para-athletes;
- Improve the institutional frameworks for various
- sports organizations to facilitate social equity among athletes of widely divided backgrounds as well as communities
- Way Forward
Accusations against Brij Bhushan Sharan Singh signifies an awakening call to the nation and the respective authorities to accord with SHA in sports, which has been a concern since a number of years. The same requires a proper scrutiny and investigation of the system and treatment that make such behaviours possible and escape through.
It is time for comprehensive reforms, cultural change, and unwavering support for those who speak up to ensure the safety, dignity, and rights of athletes. Only then can Indian sports truly become a space where athletes can thrive without fear, harassment, or discrimination. The heads of educational establishments, athletic programs, and sports’ governing bodies will play a crucial role in ensuring environments free of harassment. They should be proactive in establishing, developing, and reviewing policies relating to SHA. These policies must defence clearly what SHA is, from which related actions would transpire.
There should be the development of an overall framework of how athletes may disclose incidents, with complaint mechanisms in place which will protect confidentiality and respect toward all parties concerned, without the fear of their dignity being at stake. Informal and formal reporting channels may serve as useful strategies to promote equity and accessibility.
Athletes, being a source of inspiration themselves, must be able to feel empowered to report any practices they deem to be harassment, even if this means they happen to them directly or they witnessed the same against someone else. Prompt reporting enhances personal well-being and helps safeguard the integrity of athletic environments as well. Therefore, the need of immediate attention over SHA in sports becomes a matter of seminal interest, with the non-negotiable requirement of transparency and support in the system.
Author: Mahak Bhardwaj , in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.