Madras High Court issues directions to streamline policy for participation of women athletes with disabilities in sporting events

The Madras High Court on Monday acknowledged the peculiar difficulties faced by disabled women athletes and issued directions to streamline policy to enable them to participate in all the events at State, national and international levels with equality and dignity (M. Sameeha Barvin vs. The Joint Secretary, Ministry of Youth and Sports)..Justice R Mahadevan passed the directions on a plea by a disabled woman who qualified the national selection test and excelled in long jump, but was not selected in spite of her performance..When the petitioner sought reasons for her exclusion, she was informed that the selection authorities were not inclined to send a woman alone to the event and therefore, men have been preferred.The High Court came to the petitioner's aid in August, by extending interim protection to her and directed the Chairman, All India Sports Council of the Deaf, to permit her to participate..However, Justice Mahadevan opined that the case mustn't be confined to a narrow, factual relief since it sheds light on the various issues faced by women with disability in the world of sports..The Court observed that the difficulty faced by the petitioner on the grounds of gender as well as disability could not be brushed aside lightly since it was a clear case of gender discrimination attracting the rigour of Article 15(1) of the Constitution.“The petitioner has meted out the double discrimination and hence, this has to be examined with an intersectional lens so as to take appropriate measures by the authorities concerned for the purpose of eradicating all the difficulties / challenges faced and preventing from the injury suffered, not only by the petitioner, but also all the women athletes with disabilities,” the Court said..The single-judge observed that for a woman with disability, survival in the world of sport was akin to double-jeopardy since the barriers faced would be two-fold - from gender and disability..In this regard, the Court highlighted various studies which dealt with barriers faced by able-bodied women in sports, a male-dominated field, due to stereotyped understanding of physical strength and attributes as well as socio-cultural mindset.“Be that as it may, the cases like the one at hand, would expose the fact that the generalised issues faced by female athletes are quite different when compared to athletes, who are female and disabled,” the Court said..The High Court, therefore, exercised its power under Article 226 of the Constitution and passed the following directions:“(i) to prevent or prohibit unfair discrimination against the women athletes with disabilities, on one or more grounds including race, gender, sex, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth;(ii) to provide adequate financial assistance and all other requisites to the women athletes with disabilities, so as to participate in all the events;(iii) to follow proper selection process, so as to enable the meritorious candidates to participate in the events;(iv) to provide necessary training and free medical facilities to all the women athletes with disabilities, who achieve meritorious level in the respective sports for participation in all the international games;(v) to provide all possible means to entertain women athletes with disabilities to utilise their fullest potentials and capabilities so as to achieve success in all the events;(vi) to provide all the disabled friendly materials, clothes, prosthetics and other accessories that may be required by the women athletes with disabilities in day today affairs, with incentives so as to encourage and nurture their excellence in the respective sports and to participate in the events at all levels;(vii) to extend the financial assistance to one of the family members, who accompany the disabled female athletes to participate in the international games;(viii) to give effect to the principle of reasonable accommodation by providing all assistance that are required / requested by the females athletes with disabilities so as to enable them to participate in the international games, on par with males;(ix) to ensure safety and security of the female athletes with disabilities during their travel, irrespective of number of participants, so as to inspire their confidence freely and take part actively in the events at all levels;(x) to sensitize the male counter parts and inculcate the sense of equality in their mind, so as to maintain safe environment for women athletes at all levels;(xi) to reward all the disabled women participants in the international games, irrespective of their achievements or otherwise;(xii) Must ensure that all the women athletes whether with or without disabilities, be given equal treatment on par with males, so as to enjoy full and equal rights and freedoms and to maintain their dignity.”.Advocate R Prabhakaran appeared for the petitioner. Central Government Standing Counsel NK Nithila Vani and Government Counsel G Krishnaraja appeared for the respondents..[Read Order]