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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J.
M. Sameeha Barvin – Appellant
Versus
The Joint Secretary, Ministry of Youth and Sports, Department of Sports, Government of India, New Delhi & Others – Respondent
Writ Petition No. 16953 of 2021
Decided On : 20-12-2021
Constitution of India, 1950 - Article 226 - Writ Petition - Concept of Intersectionality – Gender discrimination - To issue a Writ of Mandamus directing respondent to include petitioner’s name in final selection list and send her to participate in Fourth World Deaf Athletics Championship - Petitioner is a disabled person with loss of hearing to extent of 90% and she has also lost her speech ability at age of six - With such disability, she excelled herself in sports events by participating in long jump and high jump in National and State levels - Petitioner came to know that out of 12 candidates 10 male and 2 female candidates, in female category, she secured first in selection list - When she sought reason for her non-selection, it was disclosed that selection authorities were not inclined to send a lone female member to event and, they have preferred male members for event - This, according to petitioner, is a discrimination based on gender and her achievement in jumping 5.5 meters over and above required 4.25 meters has been ignored – Held, petitioner being a disabled girl, had to overcome psychological trauma of speech and hearing impairment - Despite same, she excelled herself in events of long jump and high jump at State and National levels and bagged gold, silver and bronze medals, totaling 13 - However, she was denied opportunity of being participated in 4th World Deaf Athletics Championship, 2021, though she was qualified in National Selection Test - Even after interim order of this court, petitioner has been struggling to participate in said event in all ways, on account of improper and non-cooperative attitude on part of Sports Council of Deaf both in State and Central Levels - Though faint attempts were made on side of respondents denying allegations made by petitioner, same cannot be countenanced by this court. The concept of fairness and justice, which is the virtue of all, should be crystallised in all spheres of human activity from education to sports to employment. If such discriminating practices are continued, constitutional vision of equality and dignity cannot be achieved - Court has reached conclusion that this is a case of discrimination based on gender as well as disability, due to which, petitioner has faced several difficulties and barriers to participate in international event - State and Central Governments, being competent authorities to provide and ensure support and safety to sports women with disabilities, so as to inspire their confidence freely and take part actively in events at all levels, have failed to do same in an appropriate manner - In exercise of power conferred under Article 226 of Constitution of India, to render substantial justice, this court issues directions to respondent authorities for purpose of streamlining policy qua woman athletes with disabilities, in consultation with experts, so as to enable them to participate in all events at State, National and International levels, with equality and dignity - Writ petition disposed of.
JUDGMENT :-
(Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the third respondent to include the petitioner’s name in the final selection list and send her to participate in the Fourth World Deaf Athletics Championship, which is scheduled to be conducted at Lublin, Poland from 23.08.2021 to 28.08.2021.)
- Susan Wendell [Wendell, Susan. “Toward a Feminist Theory of Disability.” Gender Basics: Feminist Perspectives on Women and Men. Ed. A Minas, Belmont, California: Wadsworth Publishing Co., 1993.],
2. That in effect, it explains the tribulations faced by the petitioner, who finds it impossible to speak or listen, but able to achieve gold and silver medals in long jump and high jump at the State and National levels, having been denied the opportunity of participation in the Fourth World Deaf Athletics Championship, 2021, held at Lublin, Poland and being able to participate in the same only on the strength of the interim order dated 13.08.2021, on knocking the doors of this Court.
3. Women athletes with disabilities, aspiring to high levels of sport competition often face double discrimination associated with gender and disability [Olenik M., Lisa, Matthews M., Joan, Steadward D., Robert. “Women, Disability and Sport”, Canadian Woman Studies.]. Being a woman and also having a disability, survival in the world of sport is a kind of double jeopardy in the practical sense, where the barriers faced are not only from the angle of being a woman, but also being disabled, thereby compounding the problem. Hence, they require more institutional, legal and societal support to achieve success with specific reference to the world of sport.
4. The case at hand is not to be viewed as being limited only to the factual circumstances, in which, the petitioner has approached this Court and the specific narrow relief sought for thereunder. Rather it brings to light the various issues faced by the women with disability in the world of sports. There have been diverse studies as well as research on the issues or barriers faced by able-bodied women themselves in sports, which has always been treated as a field dominated by men both due to stereotyped understanding of physical strength and attributes as well as the socio-cultural mindset, which itself acts as a barrier for women to excel in sports. 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. It is significant to note that where the axis of discrimination is not singular, but plural, multiple, cumulative or intersectional, the same has to be viewed with an analytical lens in order to understand the problems and barriers faced by such persons with more than one axis of discrimination which is unique and different and hence, the redressal of such issues needs a more holistic and understanding approach.
FACTS:
5. A brief factual narration may help get a hang of the case. The petitioner is a disabled person with loss of hearing to the extent of 90% and she has also lost her speech ability at the age of six. With such disability, she excelled herself in the sports events by participating in the long jump and high jump in National and State levels. She has several first to her credit. She had so far won 13 medals viz., 11 gold, 1 silver and 1 bronze in National and State Level competitions. When the petitioner participated in the National selection test conducted at New Delhi on 22nd July 2021 by the third respondent, among the 12 participants, she excelled herself in jumping a distance of 5.5 meters in the long jump, surpassing the eligible parameter of 4.25 meters which is the requirement to get selected. Inspite of such pe
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