High Court comes to the rescue of differently abled women athletes

Issues directions to streamline their participation in events

The Madras High Court on Monday played messiah to differently abled women athletes, who suffer from intersectionality, by issuing a set of 12 directions to the Centre and the State Governments. The orders were passed to streamline the policy on allowing participation of such athletes in State, national and international events.

Justice R. Mahadevan directed both the Governments to prevent/prohibit unfair discrimination of differently abled women athletes 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.

The judge directed the Union Ministry of Youth Affairs and Sports and Sports Development Authority of Tamil Nadu (SDAT) to provide adequate financial assistance and all other requisites to differently abled women athletes and follow a proper selection process so that eligible participants get selected for every event. They were ordered to provide necessary training and free medical facilities to all differently abled women athletes who achieve laurels in international events. They must be given all possible things required to realise their fullest potential to achieve success in sporting events, the court said. The directions were issued while allowing a writ petition filed by M. Sameeha Barvin, a Chennai-based athlete with hearing difficulties.

The judge held she had been subjected to blatant discrimination, cloaked in protectionism and not allowed to participate in the fourth World Deaf Athletics Championship held in Poland this year.

Even after the court passed interim orders directing the authorities to let her participate in the event, she was not treated well. The judge concurred with the petitioner’s counsel R. Prabakaran that data showing less participation of differently abled women athletes, compared to the number of male athletes, in paralympics was an indication of discrimination.

Holding that it would be the responsibility of the State to create a conducive atmosphere for differently abled women athletes to participate in international events than harping upon protectionism or romantic paternalism, the judge directed the governments to extend financial assistance to a family member accompanying such an athlete to international games.

The safety and security of the differently abled women athletes must be ensured, during the travel period, irrespective of number of participants, to inspire their confidence and encourage them to take part actively in the events at all levels. The male athletes must also be sensitised about the need to maintain a safe environment for their female counterparts, the court ordered.

Justice Mahadevan made it clear the governments must provide all the disabled friendly materials, clothes, prosthetics and other accessories that may be required by the differently abled women athletes.

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