Shivani Gadhavi
Published On: December 21, 2021 18:41 IST
The Madras High Court issued a set of 12 Guidelines to protect disabled women athletes from any form of discrimination, which is to be followed by the Central Government and all the State Governments.
The Verdict pertains to the Case of a woman with a Hearing Disability named M. SameehaBarvin, Ms. Barvin is a three-time gold medalist in Deaf Athletic Championships. Sameeha Barvin filed the Petition in the Court stating that she was not allowed to participate in the Deaf Athletics Championship for the year 2021.
The Bench consisting of Justice R. Mahadevan stated, “They must be given all possible things required to realize their fullest potential to achieve success in sporting events,” the Judge further added that it is unfair to discriminate on “grounds of race, gender, sex, marital status, ethnic or social origin, color, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.”
The set of Guidelines offer financial assistance, free medical services, and proper selection criteria that lay out the policy surrounding the selection of Women Athletes with Disabilities. The Guidelines provide norms that would give the Athletes disabled-friendly materials, clothes, prosthetics, and other accessories the athletes need.
The Court declined to consider the argument that the Respondents in such Cases cite, that States do provide protection and a safe environment to women athletes with disabilities. In this case Sameeha Barvin was not allowed to participate by the Officials, due to her gender and lack of funds for Women Athletes with Disabilities.
The Bench stated, “It is significant to note that where the axis of discrimination is not singular, but plural, multiple, cumulative or intersectional… Hence, they require more institutional, Legal, and societal support to achieve success with specific reference to the world of sport.”
The Court ordered the Union Ministry of Youth Affairs and the Sports and Sports Development Authority of Tamil Nadu to ensure safety of Athletes with Disabilities. The Court also directed the Tamil Nadu State Government to provide financial aid to a family member of the athletes who would accompany them to international games.