SEXUAL HARASSMENT IN INDIAN SPORTS: LEGAL REMEDIES AND IMPLEMENTATION

By Ritik Agrawal•July 19, 2024•6 min read•522 views

Saniya Kausar Mujawar,

University of Mumbai Law Academy

INTRODUCTION:

India has an exceptionally deep-rooted culture in sports. Talent, persistence, and the tenacious nature of humans have long been acknowledged. It’s an environment where citizens of every walk of life can compete fairly and exhibit their skills. Nevertheless, there is a darker side to sports which is fueled by discrimination against women and inappropriate conduct beneath all the pomp and glamour. These ubiquitous problems damage the sporting goods sector an entirety and hamper players’ development, undermining sports’ inclusivity and fairness. In the backdrop of India, a country with a robust sports culture and a long history of athletics, the concerns of sexual harassment and gender discrimination have drawn more attention.

Sportswomen in India brought a new change to the world platform by overcoming barriers, leaving their impact, and setting new goals. While women’s sports participation has expanded and the country has produced many outstanding athletes, both male and female, it has also contended with systematic bias, unequal chances, and harassment of women epidemic in the realm of sports. To successfully tackle these challenges, it is essential to comprehend the ethical and legal consequences of sexual harassment and gender discrimination in India’s sports Industry. Constitutionally, India’s values of equality, non-discrimination, and dignity are upheld, granting citizens the right to seek accountability and justice.

The objective to foster secure environments for female employees in sports and other industries is reaffirmed by stricter regulations like the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The Sports Authority of India (SAI), the leading sports regulatory body, has also put regulations in place to deal with and prohibit gender discrimination and sexual harassment in the sports industry. Committees must be formed in conformity with these regulations in enable to handle grievances, conduct objective investigations, and ensure appropriate disciplinary actions. National sports organizations, such as the Indian Olympic Association (IOA), are responsible for adhering to international and national legislation that encourages gender equality and steers clear of harassment.

LEGAL IMPLICATIONS:

· Laws and the Constitution: The Indian Constitution assures individuals an entitlement to equality, non-discrimination, and dignity. Furthermore, the Protection of Children from Sexual Offences Act of 2012[i] and the Sexual Harassment of Women at Workplace ( Prevention, Prohibition, and Redressal) Act of 2013[ii] are specific legislation related to dealing with sexual harassment and abuse.

· Sports Authority of India (SAI) guidelines: Policies have been developed and implemented by the SAI to avoid and deal with occurrences of sexual abuse and harassment in the sports industry. These regulations mandate that athletic organisations from committees handle critiques, conduct inquiries, and impose suitable punishments.

· Sports organisations at the national and international aspects: National sports organisations, notably the Indian Olympic Association (IOA), are responsible for ensuring guarantees that regional, state, federal, and international laws- particularly those dealing with equal treatment for women and intimidation prevention - are implemented. International institutions like the International Cricket Council (ICC), among others, have policies addressing these types of problems along with others.

ETHICAL IMPLICATIONS:

Gender discrimination and sexual harassment pose an imminent threat to the principles of equality and fair play in sports. Gender ought not to influence an athlete’s treatment; alternatively, an athlete’s abilities and skills should be the main element considered when evaluating them. Adequate safety along with an encouraging environment serve as vital for the psychological and physical health of athletes. A hostile atmosphere created by sexual harassment and gender discrimination can give rise to psychological stress, an impairment in performance, and serious repercussions for the physical and mental well-being of athletes. The principles that athletes, instructors, and organisations associated with sports must promote and embrace integrity, respect, and inclusion. These principles have been flouted by sexual harassment and gender discrimination, which also degrades the prominence of the sports sector.

Strengthening the general understanding of prejudice based on gender and sexual harassment is essential. By participating part in instructional programs, workshops, and campaigns, participants, instructors, authorities, and administrators may identify mistaken conduct, understand the concerns, and foster an environment of respect and fairness. Sports organisations should establish and uphold clear policies around gender equality, equality of opportunity, and sexual harassment. This involves establishing anonymous reporting channels, executing impartial investigations, and applying reasonable disciplinary measures to those who violate the rules. Victims of sexual harassment or prejudice based on gender might become more comfortable coming out, appealing for help, and taking care of themselves if they’re granted access to helplines, counseling services, and confidential reporting channels.

Violence against women and discrimination against women pose serious obstacles to the Indian sports industry, compromising the values of justice, equality, and integration. In order to resolve these issues, an elaborate strategy that brings proactive steps, legal measures, and moral considerations to account is needed. Given that India has implemented action against gender discrimination and sexual harassment through laws and regulations, there is still a lot more to be done.

The sports industry in India must make it its top concern to prevent sexual harassment and gender discrimination through executing the concepts that follow onto application:

· Establish comprehensive laws that specifically state that prejudice on the basis of gender and sexual orientation is unlawful. Provide trustworthy avenues for reporting that protect privacy and encourage victims to step forward without the fear of vengeance. The implementation of mandatory education and awareness programs for officials, athletes, trainers, and administrations is necessary for developing a society of consent, dignity, and equal treatment of women and men. Draw inspiration from the best practices and lessons learned by countries like the United States and Canada that have effectively implemented training programs.

· For the purpose of guaranteeing adherence to laws against discrimination and harassment, independent panels or monitoring groups should be established. These groups have the ability to give guidance, oversee the work being carried out, and conduct periodic inspections to discover areas that could benefit from improvement. Provide robust networks that provide assistance for victims, including call centers, support groups, and the provisions of legal help. Collaborate with non-profit organisations (also called NGOs) and gender-specific support organisations to provide broad support to survivors of harassment and discrimination. Coordinate with global sports entities, for instance, the International Federation and the International Olympic Committee, to exchange best practices, regulations, and knowledge around gender equality, anti-discrimination legislation, and sexual harassment prevention.

In the landmark case of ‘Medha Kotwal Lele vs. Union of India’[iii], the Supreme Court went on to reproach the fact that India’s record on gender equality remains poor, stating ‘India has been placed 129th out of 147 nations in the Gender Equality Index of the United Nations. The folks who drafted our constitution valued justice and fairness for women. The States' commitment to gender parity and equality, as well as protection against sexual harassment of women, were outlined in the Constitution.’ The Court reiterated that there is an obligation to prevent all forms of violence. It stated that “lip service, hollow statements, and inert and inadequate law with sloppy enforcement are not enough for genuine upliftment of our half most precious population – the women.”

In order to preserve legal conformity, offer secure environments for athletes and staff, and effectively resolve complaints of sexual harassment and gender discrimination, sports organisations operating in India’s sports industry need to comprehend and implement these regulations.

The “Vishaka Judgement” refers to the case where the Indian Supreme Court acknowledged the seriousness of sexual harassment committed against working women in the workplace, Vishaka Others vs. State of Rajasthan and Others[iv]. It established laws requiring workplaces to end sexual harassment and establish procedures for handling, settling, or prosecuting such cases. Article 141[v] of the Indian Constitution declared the regulations made by the Hon’ble Supreme Court as laws. The Honorable Supreme Court ruled that organisations must closely follow the rules it set down for the purpose of eliminating discrimination against and protect working women’s legal right to equal opportunity. Several courts have pointed out in the past that workplace rules and processes do not accurately adhere to the directives issued by the respected Supreme Court in the Vishaka judgement. Implementing comprehensive law that prioritized the prevention of sexual harassment and the establishment of a redress procedure was crucial, given the increasing number of working women. Yet, sexual harassment and gender discrimination in sports give rise to moral and legal dilemmas that contradict the fundamental values that sports are supposed to safeguard.

CONCLUSION:

In the final analysis, it will take concerted efforts from all sides involved to eradicate gender discrimination and sexual harassment in India’s sports industry. By fostering an environment of parity, dignity, and acceptance and enabling female athletes to realise their greatest potential, the sports sector contributes to the advancement of social transformation. We think that several laws and other initiatives of the same nature need to be passed in the Indian context with the goal of accomplishing this.

References:

1. Sports Authority of India (SAI), (July 9, 2024)

https://sportsauthorityofindia.nic.in/sai/

2. Indian Olympic Association (IOA), (July 9, 2024)

https://olympic.ind.in/

3. The Supreme Court of India, ( July 9, 2024)

https://main.sci.gov.in/jonew/judis/13856.pdf

4. Indian Kanoon, (July 9, 2024)

https://indiankanoon.org/doc/48293767/

5. Athletics Federation of India, (July 9, 2024)

https://indianathletics.in/wp-content/uploads/2023/01/Sahas-Policy-Document.pdf

[i] Protection of Children from Sexual Offences Act of 2012, No.32, Acts of Parliament, 2012(India)