J 21 GSPR 2021 45 Sshinde1 Jgueduin 20230809 192427 1 17

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Page 1 Wednesday, August 09, 2023

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2.1 GSPR (2021) 45
Gender Bias in Access to Sports Facilities: Plugging the Legislative and

Executive Loopholes in India
GENDER BIAS IN ACCESS TO SPORTS FACILITIES: PLUGGING THE LEGISLATIVE AND

EXECUTIVE LOOPHOLES IN INDIA
by
Ifra Jan* and Omer Ghazi**
ABSTRACT
Keeping in mind the need for increased participation of women in sports, it is
important to consider the possibility of more pragmatic legislative and/or executive
intervention, including reforms in the current drafts of proposed sports legislations,
which hardly touch on any gender issue other than sexual harassment, so as to weed
out gender inequality in this domain and give suggestions and recommendations to
ensure the implementation of Article 15 under the Indian constitution, as regards
gender equality in access to public facilities, in the field of sport in letter and spirit.
Keywords/phrases: Gender equality, international human rights law, CEDAW,
Article 15 of the Indian constitution, National Sports Development Code, 2011,
National Sports Development Bill, 2013, National Sports Ethics Commission Bill, 2016.
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“Bicycling has done more to emancipate women than any one thing in the
world.”
Susan B. Anthony, American suffragist, 1896
“The relationship between gender equality and sport is not solely about achieving
equality in women's participation and treatment within sports, but it is also about
promoting ‘sport for gender equality’ or harnessing the potential of sport for social
empowerment of women and girls.”
United Nations, 2007
INTRODUCTION
Sport as a means of exercise and/or recreation is universal, and basically has
nothing to do with gender; however, women have faced discrimination with respect to
not getting equal opportunities with respect to access to resources for sports. This
issue has come to light in the wake of female athletes and sportspersons bringing
laurel in sports that were otherwise considered too “manly” for women to even
participate in. A recent noteworthy example is of Tajamul Islam, a girl who is a
resident of North Kashmir's Bandipora district, who won the title of World Kickboxing
Champion representing India the second time in a row.i Lovlina Borgohain, hailing
from Assam, won a bronze medal in boxing at the Summer Olympics game in 2020,
besides other Indian women like Sania Mirza, Saina Nehwal, Mirabai Chanu and Joshna
Chinappa having done Indian on the sports field on multiple occasions.
Such remarkable feats by female sportspersons has reignited the debate around the
discrimination faced by women, especially in accessing the sports facilities. Not only is
it important to identify and rectify the shortcomings in the sports legislation in this
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regard, but it is also extremely important to generate awareness around this issue at a
more societal level. Numerous countries have passed certain legislative checks and
balances to counter the discriminatory jurisprudence against women but the situation
on the ground leaves much to be desired. In the United States, legislations like Title
IX have helped in prohibiting gender discrimination in the field of sports and giving
men and women equal sporting opportunities
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on university campuses.ii India, being a country that guarantees the right to equality
on the basis of gender, besides other criteria like caste and creed, as a fundamental
right under Article 15 of the Indian constitution, can and should also take such steps.iii
There are multiple misconceptions regarding women participation in sports and

their physical well-being. Many believe rather wrongly that sports adversely affect a
woman's pregnancy, though there is no evidence to support this unsubstantiated
claim. On the contrary, the UN Division for the Advancement of Women, in an official
document, has cited various health benefits sports can have for women.iv
For older women, it can contribute to the prevention of cardiovascular diseases,
which account for one third of deaths among women around the world and half of all
deaths among women over 50 in developing countries. Physical activity also helps to
reduce the effects of osteoporosis, which women have a higher risk of developing than
men. Participation in physical activity aids in the prevention and/or treatment of other
chronic and degenerative diseases associated with aging, such as type-2 diabetes,
hypertension, arthritis, osteoporosis and cardiovascular abnormalities.v
RESEARCH METHODOLOGY
Non-doctrinal research methodology has been used, drawing material from
published books, articles and other documents. Secondary data from surveys
conducted by other research scholars has also been incorporated. The original text of
International Conventions, the Indian constitution as well as sports legislation and
proposed sports legislation in India has also been looked into by the authors.
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HISTORY
It is very well known that women were not allowed to participate or even watch the
ancient Olympic Games. However, the Spartan princess Cynisca did participate in the
ancient Olympic Games in the chariot-racing event (though the efforts were of the
charioteer and the one being driven unduly took the medals, but nonetheless, her
spirit of adventure needs to be lauded) which she won but discrimination was
exhibited when she wasn't awarded a medal! Having said that, it would be unfair to
overlook the fact that the ancient Greeks did have a separate women's equivalent of
the Olympics, the Herea Games.vi To talk of ancient India, while women performed
generally stereotypical roles, some women did take interest in sports like ball games
and even archery, ram-fighting and huntingvii.
Even in medieval India, Mughal emperor Jehangir's wife Nur Jahan is known to have
been an excellent hunter. Likewise, earlier in medieval India, Razia, a princess of the
Mamluk dynasty, had been trained to lead armies like some other Muslim princesses of
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the time, which inevitably had to involve some amount of physical training, and a later
example is Chand Bibi, but even for Muslim princesses (Nur Jahan and Razia were also
Muslim), this was in exceptional cases and wasn't the norm.viii Hindu queens of this
variety in Indian history included Rani Durgavati and Rani Lakshmibai.
Talking about medieval Europe, women were never completely excluded from sport,
especially during the festivals in England. They used to participate in foot races and
ball games. Anne of Bohemia, the wife of Richard II, popularized the side-saddle, for
example. Very interestingly, the first treatise on sports in the English language, The
Book of St. Albans (1486) was written by a woman called Dame Juliana Berners, the
prioress of Sopwell Abbey in Hertfordshire.ix
In the 20th century, there has been a dramatic rise of women in sports globally,
thanks to women's assertion of their right to play sports and the support they received
from gender-
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sensitized men. On a slightly different and lighter note, the Speed v. Instinctx —
challenge featured Novak Djokovic and Maria Sharapova, known to be good friends off
the court. Djokovic is particularly fond of imitating Sharapova whenever he gets a
chance to!xi While some sports like car-racing see mixed gender participation, others
mostly have separate tournaments for men and women. While women's versions of
some individual sports like lawn tennis have attained great popularity, team sports like
cricket and football, and to a great extent, even hockey and basketball, mostly remain
a male domain, though all sports do have a women's version, and there are also lesser
known sports like korfball necessitating a team to have two men and two women. Till
1900, the modern Olympic Games didn't have women's events, and in the 1900
Olympics, the only sports for women were tennis, golf and croquet.xii
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A prominent name historically that can be cited is that of American shooter Annie
Oakley (1860-1926), who with her remarkable precision, thrilled spectators. On a visit
to Europe, she knocked the ashes off a cigarette held by the newly crowned German
king. She had started shooting and hunting by age eight to support her siblings and
her widowed mother. The following quotation of hers is interesting - “I ain't afraid to
love a man. I ain't afraid to shoot him, either!”xiii At the age of fifteen, she
outperformed famous marksman Francis Butler who was ten years older to her and
had laid a bet that he would perform better.xiv
On another such show on Spanish TV called El Hormiguero, Brenda Prez disguised
herself as a man and played alongside men in an amateur match. Brenda is a
professional footballer who has played for Valencia and Espanyol women's teams. She
put on a make-up that included a facial mask and played the entire match in which
the opposition coach is reported to have asked his players to keep a watch on “Number
8”. She reveale her identity just as she was about to take a free-kick during the game.
As the opposition players were still in a state of shock, she also netted the ball with
the free-kick!x v
Some other very significant personalities in the history of women in sport happen to
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be Julia Archibald Holmes of the United States of Americaxvi , one of the earliest female
mountaineers, Helene Madison of the United States of America, the first woman to
swim the 100-yard freestyle in one minute at the 1932 Olympics, or more recently,
Danica Patrick from the United States of America who was the first woman to win an
Indy car racing event and come 4th at a Las Vegas speedway event competing against
men,xvii Laleh Seddigh from Iran, a Muslim female car racer who has been a national
champion competing against men and is known as the ‘Schumacher of the East’xviii,
Amna Al Qubaisi became the first Emirati racer to win F1 race during Grand Prix
2019xix and Elysse Perry from Australia who has represented her country in both
cricket and football, has been the youngest adult cricketer to have represented her
country (men included) and is the only woman to have played Sydney grade men's
cricket in which she even took wickets of men in the match she played.x x Sarah Taylor,
an English wicketkeeper, had, at the age of 23 years, even been interestingly selected
for the Sussex Men's Second XI team to represent the English county, and she did
play a men's cricket match in Australia, even taking two catches.xxi Amy Hughes, a
sports therapist from England, became the world record holder for running 53
consecutive marathons in as many days, breaking the previous record for both women
and men and consolidating her place in the history books, as
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of 2014.xxii Moreover, Gertrude Ederle became the first woman to swim the English
Channel faster than any of the five men who had gone before her.xxiii On September
20, 1973, tennis champion Billie Jean King (age 29 then) defeated self-proclaimed
male chauvinist Bobby “No-Broad-Can-Beat-Me” Riggs in the “Battle of the Sexes”
tennis match.xxiv
An interesting piece of information with respect to domestic cricket in our country

warrants a mention here. In 2010, for the first time, the Baroda Cricket Association
pitted its senior women's team against under-14 boys' teams in the under-14 DK
Gaekwad tournament and in the first match the girls played against the under-14
boys' team of the Kiran More International Cricket Academy, the girls emerged
victorious. In fact, they won three of the six matches they played in the tournament
(the age difference should also, however, be taken into consideration, but would still
be hard for male chauvinists to digest). Another interesting fact is that in the first
such match, the girls' team had Taslim Sheikh, the daughter of Mehendi Sheikh, coach
of the famous male cricketers, the Pathan brothers - Irfan and Yusuf. And the captain
of the girls' team was Tarannum Pathan, another Pathan cricketer from Gujarat.x x v
In early 2015, a women-only crew won the Volvo ocean race, defeating all the
men's teams.xxvi
And for those saying that feminine beauty and motherhood can't go together with
sport, you have Jodie Kidd from Britain l who is a motherxxvii , a fashion model who
appeared on the covers of Elle, British Vogue etc.xxviii , television presenterx x i x , dancerx x x
and chefx x x i as also a car-racer who has beaten men, winner of the polo
tournamentsxxxii as well as a leading player in international golf tournamentsxxxiii .
As Pakistani cricketer Roha Nadeem points out—
“A major misinterpretation people hold about female cricketers is that they lose
their feminine charm. I usually get that as well, as to how can I carry my ‘girly’
looks and play cricket at the same time? To which, I have no answers. I reckon it's
all about how one carries oneself.”x x x i v One of the most important developments in
the area of women's cricket in the recent times has been the story of Kate Cross,
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the England fast bowler who became the first woman to have played in the
Lancashire league in its 123-year history.x x x v There are other precedents to this as
well. Arran Bridle had also played in the Lincolnshire Premier League in 2011. She
played
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for Heywood and performed well in at least two matches. She took three wickets in
one match and eight wickets in the other, against Clifton and Unsworth respectively.
These developments indicate that our society is radically undergoing a
transformation.xxxvi
As Mumbai-based writer, Padma Prakash observed in a monograph she wrote in the

early 1990s on women and sport - “nowhere is this myth of (women's) biological
inferiority so readily and forcefully demonstrable as in the sports arena. And nowhere
can it be more effectively demolished.”xxxvii
There are multiple noteworthy examples of strong female athletes and
sportspersons from India as well. The India Women T20 skipper Harmanpreet Kaur
said, “People say that women and men's cricket is not equal because we are not able
to face the same challenges on-field. To all those fans, I want to say that neither does
the idea of facing a ball at 150 kmph daunt me, nor do I worry about the size of the
stadium while hitting a boundary. The start to making cricket one game will come
from fans saying Challenge Accepted and breaking the barriers in their mind.”xxxviii One
of India's T20 specialists player, Veda Krishnamurthy voiced her opinion while backing
the move, saying, “If we want a world tomorrow where girls start looking at
professional cricket as a real career option then we need to begin to change the game
today. If we don't put women and men cricketers on the same field then fans are not
going to see it as one game, hence we are saying #ChallengeAccepted and asking the
nation to support the mixed gender match.”x x x i x
Contrary to popular belief, sport is not just the entity of the youth or people in the
prime of their life. Although every sportsperson does have a shelf life, but that is only
because of the extraordinarily demanding schedule of being in a competitive sport. But
even retired sportspersons continue to play the game in some form or the other. And
then there are also some who take up sports at an age where even many professional
coaches are long retired. Japanese swimmer Mieko Nagaoka, who was born in 1914,
took up swimming at the (otherwise considered) old age of 82, and went on to become
a professional swimmer, participating in the FINA masters World Championships and
going on to win a bronze and 2 silver medals in the subsequent editions of the
tournament. At 100, she is Japan's oldest swimmer and a holder of 24 world records in
swimming.xl Joining her on this list of Old women who haven't let age come in their
way is 92 year old Harriette Thompson from Charlotte, North Carolina, who in June
2015 became the oldest woman to finish a marathon.xli She finished the 26 miles 385
yards marathon in 7 hours 24 minutes 36 seconds, setting a record for the fastest
time for her age bracket. For Thompson, who is a cancer survivor, this was her 16th
marathon and she wishes to run in the further editions as long she's alive to do so.
The oldest woman to
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accomplish the feat of climbing Mt. Everest has been Tamae Watanabe, a 73-year-old
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Japanese national.xlii More recently, Chhurim Sherpa, a Nepalese woman, became the
first female to scale Everest twice in the same season, and this has been a great
accomplishment for womanhood.xliii For some other women, adventure sports (which
also involve courage) are a way of celebrating their old age and showing the world that
they are unfazed by the challenges of growing old. South African Georgina Harwood
who did her third skydiving jump to celebrate her 100th birthday.xliv
DISCRIMINATION EXPERIENCED BY WOMEN IN SPORTS

Discrimination against women in sports can take the form of a sheer male
superiority complex in a patriarchal family or social setup wherein sport is perceived as
an exclusively male domain to myths about the adverse effect of sport on reproductive
health and/or beauty to not taking women's sporting career ambitions seriously to
women's versions of professional sports not getting adequate media coverage or many
spectators to socio-religious restraints on clothing to sexual harassment of female
sportspersons.xlv
As a South Asian woman in England points out - “At the age of nine, Salma Bi first
picked up a cricket bat, handmade for her by her father, and taught herself to bowl
after watching hours of cricket on television. But despite her enthusiasm for the sport,
convincing her parents to let her play cricket at a more serious level was not easy. ‘In
the beginning, I felt as if I was on my own. I used to come home after practice and
my parents would say, ‘Why are you always out so late?’, or they would complain
because I’d been out all Sunday playing a match,’ she says. ‘Sometimes they would
say I couldn't go, and I had to miss training. But when I signed for Worcestershire and
started bringing back trophies and medals, they realised I was good at it. Now they're
really proud of me.’xlvi
Women engaged in sports also face the challenge of inequality in access to
facilities. Snehal Pradhan, former Indian cricketer, narrates:
“For two years, I practised at a ground in Bandra where I was the only girl. After
training the boys would change from their muddied whites into T-shirts and shorts
for their journey home. They would do so in the open. There was no changing room
there, so I just pulled a jumper over my sweat-soaked T-shirt, so that I wouldn't
get sweat and grime on my co-travellers in the bus or train. The jumper made me
sweat even more. Later, the ground staff gave me access to a locked bathroom to
change. It was small, unlit dingy
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and sometimes stank. But it had a lock, and allowed me to change out of my whites
into a clean T-shirt. It was better than the jumper.”xlvii
The reality is that the majority of Indian cricket grounds don't have clean dressing
rooms for boys or girls. While boys get by, by simply changing their clothes in the
open, such situations can be serious barriers to girls choosing a cricket academy.
Sanjay Gaitonde, a grassroots coach in Mumbai, explains how he maintained a fine
balance. Early on, he realised that the lack of changing rooms and toilet facilities
meant that girls couldn't play just anywhere. To quote him-”I tried to rule out these
things at the very start. I asked them to wear a round neck T shirt and tights from
home, so they could change anywhere. They could play in any ground, so I never had
a problem of having to cancel a match because no suitable ground was available. I
wanted to rule out all these issues that would plague women's cricket. Not being able
to play at certain grounds, being treated differently, I wanted to remove all these
thoughts from their heads.”xlviii
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In our survey, one in three respondents said they did not have places where women
could change into and out of their kit at the local ground/cricket club that they train
at. Women's toilets and changing room facilities are some of the most ignored aspects
of most grassroots sporting infrastructure.
Another survey conducted by researchers Karmanye Thadani, Devaditya Chakravarti
and Shweta Sharma has painfully indicated—
“Speaking of our study, while a few respondents expressed absolutely no issues
with respect to gender bias in sports at the school or college level (which is not
surprising, for there are very many open-minded and gender-sensitized men in
India), most expressed resentment ranging from disappointment to anguish at the
state of affairs.
Many girls pointed to the boys getting more practice time as also more attention
from the coaches. In colleges with hostel facilities, some girls pointed to better
infrastructure for boys, say a better gym in the boys' hostel, boys having easier
access to sports equipment and a table-tennis table being available only in the
boys' mess (and table-tennis is not even stereotyped as an only boys' sport), and
complaints to authorities too fell on deaf ears.
Some pointed out that while the college authorities had no issues with girls
going to represent the college in outstation non-sporting events, the authorities, for
some reason, only feared for the girls' safety when it came to sports. Many girls
pointed to their male peers mocking them when they played sports, thereby
discouraging them from playing.
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A national level basketball player from Chandigarh claims that she was made to
practise with junior boys, who were relatively incompetent, during coaching outside
school, and that boys were given better jerseys.
Some schools blatantly disallowed girls from playing sports like cricket, and in
fact, very few of the respondents mentioned cricket or football as a sport they play
even for recreation. Some pointed to how schools disallowed girls from adventure
sports and a girl from an Air Force school pointed to their institution having the
National Cadet Corps (NCC) for boys only. A respondent from Anand, Gujarat,
mentions that when she approached her principal for permission to play badminton
at the national level, he told her that she should rather take up a course in
embroidery and disallowed her, though boys were allowed to go for the same event.
As regards football, she recalls remarks like ‘Why would girls want to get dirty on a
football field for a real tournament?’ and the authorities in her school didn't even
think that basketball was meant for girls, leave alone cricket or football, though
after her entering college, her school now does have girls' football and basketball
teams, showing signs of improvement.
A girl from an elite school in Delhi points to the football coach giving more
attention to boys and having a very discouraging attitude towards girls wanting to
form their own team to represent the school, though the girls did succeed.
A few even candidly admitted that their family and community were more
encouraging towards boys than girls when it came to sports.
Two of the respondents had partially done their schooling in the United States
and they pointed out that there was a world of a difference. In that country, girls
were encouraged to play all games, including football and baseball.
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However, it was clear that those from elite schools in big Indian cities didn't
complain of discrimination of as pronounced a nature as those from small towns
did.”xlix
POSITION IN INTERNATIONAL LAW
International law has recognized the need for gender equality in all walks of life,
including sports.
Some general provisions of the Universal Declaration of Human Rights (UDHR),
International Covenant on Economic, Social and Cultural Rights (ICESCR) and
Convention on the
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Elimination of All Forms of Discrimination Against Women (CEDAW) can be applied in

the context of sports, while there are other provisions in international law, which
directly address the issue of gender inequality in sports.
Article 24 of the UDHR states the following — “Everyone has the right to rest and
leisure…” which can be interpreted in the context of sports as being a mode of leisure.
Likewise, Article 27 states - “Everyone has the right to freely participate in the cultural
life of the community …” and sports indeed form an integral part of the cultural life of
the community. Article 23(2) stipulates equal pay for equal work, which can be
interpreted to mean equal payment to men and women in the same sport at the same
level. Article 2 makes it clear that there can be no gender bias in respecting,
protecting and fulfilling these rights. Several provisions in the ISESCR, which along
with the International Covenant on Civil and Political Rights (ICCPR), constitutes ‘hard
law’ meant to give teeth to the UDHR, which being a declaration, constitutes ‘soft
law’l, are also of relevance. Article 7(a)(i) of the ICESCR mentions equal pay for equal
work and gender equality in working conditions, which means that female
sportspersons are entitled to the same quality of infrastructure and equipment. Article
7(d) mentions the right to rest and leisure. Article 15(1)(a) recognizes everyone's
right to participate in the cultural life of the community. Articles 2(2) and 3 prohibit
gender discrimination in respecting, protecting and fulfilling these rights.
The most important convention in the context of women's rights is undoubtedly the
CEDAW. Article 10(g) of this convention directly deals with the issue at hand, giving
the States the responsibility to secure “the same opportunities to participate actively
in sports and physical education” to “men and women”. Likewise, Article 13(c) gives
men and women equally the “right to participate in recreational activities, sports and
all aspects of cultural life”. There are also other provisions that indirectly address
issues pertaining to women when it comes to sports. Article 1 defines “discrimination
against women” as “any distinction, exclusion or restriction made on the basis of sex
which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of equality of men
and women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field”, which would definitely include the realm of
sports. Article 2(c) enjoins States to “establish legal protection of the rights of women
on an
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equal basis with men and to ensure through competent national tribunals and other
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public institutions the effective protection of women against any act of discrimination”
and Article 15(1) emphasizes that men and women are equal before the law [echoing
Article 15(1) of the ICCPR read with Article 2(1) of the same], which is relevant from
the point of view of our study which deals with legal aspects. Article 3 states - “States
Parties shall take in all fields, in particular in the political, social, economic and cultural
fields, all appropriate measures, including legislation, to ensure the full development
and advancement of women, for the purpose of guaranteeing them the exercise and
enjoyment of human rights and fundamental freedoms on a basis of equality with
men”, which implies that necessary legislative measures may be taken to ensure
gender equality in sports. Article 4(a) mentions that temporary special measures in
favour of women should not be construed as creating inequality between the two
genders. Article 5(a) asks States to “modify the social and cultural patterns of conduct
of men and women” so that “the idea of the inferiority or the superiority of either of
the sexes or on stereotyped roles for men and women” is eliminated, which can be
interpreted in the given context to mean that the stereotypes of sports not being
meant for women or at least certain sports not being meant for women need to be
addressed. Article 8 advocates “appropriate measures to ensure to women, on equal
terms with men and without any discrimination, the opportunity to represent their
Governments at the international level and to participate in the work of international
organizations”, which is relevant in the context of international sports bodies where
women are thoroughly underrepresented. Article 10(a) deals with equal opportunities
for both genders for “career and vocational guidance”, which is relevant even in the
context of sports. Article 10(b) mentions giving male and female students “equipment
of the same quality”, which would include sports equipment as well as also “access to
the same curricula”, which implies that if male students have access to physical
education, female students can't be denied the same and it has to be of the same
quality for both the genders. Article 10(c) yet again mentions “the elimination of any
stereotyped concept of the roles of men and women at all levels and in all forms of
education” and encourages coeducation for the purpose. Article 10(d) mentions gender
equality with respect to availing scholarships and grants, which is again relevant even
in the context of sports. In spite of so many clauses of Article 10 clearly being
applicable in the context of sports, as mentioned earlier, Article 10(g) explicitly deals
with sports. Article 11(c) gives men and women equally the “right to free choice of
profession and employment, the right to promotion, job security and all benefits and
conditions of service and the right to receive vocational training and retraining,
including apprenticeships, advanced vocational training and recurrent training” which
again applies in
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the context of sportspersons as well. Article 11(d) deals with equal pay for equal work,
irrespective of gender.
The UN General Assemblyli, UNESCOlii, ECOSOCliii and the International Olympic

Committeeliv have also come up with resolutions and declarations on this issue.
LEGISLATIVE, EXECUTIVE AND JUDICIAL POSITION PERTAINING TO WOMEN's
SPORT IN THE UNITED STATES OF AMERICA
Since we have examined the practical scenario with respect to problems women
face in the sphere of sports, it would be useful to examine the legislative and
executive position as regards the same in the United States of America.
In the United States, Title IX seeks to prohibit sex discrimination pitched against
students and employees of educational programs and activities at both public and
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private institutions that receive federal funding. It states that - “[n]o person in the
United States shall, on the basis of sex, be excluded from participation in, be denied
benefits of, or be subjected to discrimination under any education program or activity
receiving Federal financial assistance”.lv
This would essentially mean that almost all private colleges and universities would
have to succumb to the Title IX regulations by dint of being granted federal financial
aid. Thanks to Title IX, Erin DiMeglio has emerged as the first female quarterback in
the history of American football at the high school level in Florida and there has been a
40-fold increase in women's participation in soccer. Women who have studied at
American universities, not just hose American by nationality but even those from
Canada, New Zealand, Australia, Chile, Spain, England and others have gone on to
represent their respective countries in multiple sports, including soccer.lvi
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Title IX applies to all schools that receive any federal funding, even if most of the
school's income comes from other sources, which means it's extremely likely that Title
IX requires your local K-12 school to give girls equal opportunities on the playing field.
Title IX requires that girls have equal participation opportunities in school sports.
That means that schools have to provide spots on school sports teams that are
proportional to the percentage of girls and boys at the school.
Schools have to provide equal treatment and benefits to girls playing school sports.
To be compliant with Title IX, a school has to provide equivalent resources, like
practice facilities, equipment, locker room, and medical services to female and male
athletes.
Schools are prohibited from retaliating against students, parents, coaches, or staff
who make a complaint about unequal athletic programs. For example, the school may
not fire a coach or bench a player because she spoke out against discrimination in her
school's sports programs.
Schools have to ensure benefits are distributed fairly among female and male
athletes, even if the course of the benefit is a private donation. If a private donor, like
a booster club, provide benefits only to boys' teams, the school district must ensure
girls' teams get equivalent benefits.
California's Fair Play Act also bolsters Title IX's goal of equal access to athletic
programs by requiring gender equity in community sports programs run by local parks
and recreation departments.
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Thanks to Title IX, as of June 2018, the ranks of girls who play high school sports
have swelled from 300,000 in 1972 (when the law was passed) to over 3 million
today.lvii
Though it is another fact that Title IX started off with having a good many
intentions, several detrimental and serious ramifications ensued, especially in the
realm of collegiate athletics. Some of the talking points that have surfaced have been
principally that its incentive structure born out of the rigorous enforcement standards
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urges schools to cut men's athletic programmes, which is the other extreme! This has
inadvertently seen men's sports facing a consistent and rapid decline, in respect of the
both the number of participants and programs as the incentive structure so envisaged
was based on proportionality and thus operated as a gender quota.lviii
Nor has Title IX solved all problems for women.
In 1973, even before the promulgation of the 1975 Title IX Contact Sports
Exemption, “the first five pivotal [women's] cases was decided on Magill v. Avonworth
Baseball Conference,
In his diatribe, the judge essentially expressed his opinion that baseball was a
contact sport that females should not be permitted to play because they might get
hurt. The Contact Sports Exemption, finalized two years later, only allowed more
wiggle room for discrimination against women in the baseball arena. Courts have ruled
differently on the issue of allowing females to participate on male teams; however, “it
is far from clear” as to whether the law considers baseball to be a contact sport. The
ambiguity of whether or not females will be permitted to play baseball ultimately
discourages female play and pushes young women towards the traditionally
sypposedly feminine sport of softball.lix
Page: 61
LEGISLATIVE AND EXECUTIVE POSITION PERTAINING TO WOMEN'S SPORTS

IN INDIA
India is a signatory to the ICCPR, ICESCR and CEDAW, though not the Optional
Protocol to the CEDAW, which means that complaints after exhausting all local
remedies, right up to the Supreme Court, cannot be taken on appeal to the CEDAW
Committee. That said, Articles 51 and 253 of the Indian constitution do broadly direct
compliance with international law.
The Indian constitution provides for the right to equality under Articles 14 to 18 and
Article 15 specifically prohibits gender discrimination, including with respect to access
to “places of public entertainment”, which can be interpreted to imply gender equality
in access to sports infrastructure. Citizens are permitted to approach the High Court or
even the Supreme Court directly under Articles 226 and 32 of the constitution
respectively.
The Ministry of Youth Affairs and Sports has taken cognizance of the issue of gender
equality in sports. Rule 9.3 of the National Sports Development Code, 2011 (which is a
delegated legislation passed by the Ministry of Youth Affairs and Sports and not a
statute, but the binding nature of which has been judicially upheldlx ), in condition (xi)
mandates that national sporting organizations (and these include even the BCCI) must
hold regular championships for both men and women for continuance of recognition
and financial assistance from the government. If funds are to be given to national
sports federations by the government, then an equal amount of money will be given
for the championships for each of the two genders under Rule 10.8. Rule 1.6 mentions
that guidelines to address sexual harassment for women in sports have been issued by
the government. The landmark case of Vishakha v. State of Rajasthanlxi dealing with
sexual harassment at the workplace is also indeed relevant in this context. Now, the
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013, has come into being, which codifies the Supreme Court guidelines in the
said case.
The draft of the National Sports Development Bill, dated 10th July 2013, deserves
-----------------------------------------------------------------------------------------------------------------------------------------------------------
our attention. It mentions the elimination of “sexual harassment of women in sports”

in the Preamble. Section 15 deals exclusively with sexual harassment and is quoted
verbatim hereunder—
Page: 62
“(1) It shall be the duty of every National Sports Federation, the National Olympic
Committee, the Sports Authority of India and other sports bodies to prevent
sexual harassment in sports.
(2) For the purpose of sub-section (1), all National Sports Federations, the National
Olympic Committee, the Sports Authority of India and other sports bodies shall
adopt measures, namely:—
a) notify, publish and circulate, guidelines for the safety and well being of all
involved in Sports;
b) establish appropriate systems to ensure healthy relationship between coach
and athletes;
c) provide for sufficient number of women members in the coaching and support
staff for every woman athlete or team of women athletes;
d) provide appropriate conditions for women in respect of work, leisure, health
and hygiene;
e) provide reasonable assistance to the adversely affected athlete, where sexual
harassment occurs as a result of an act or omission by any third party and
initiate appropriate legal action against such third party;
f) to set up a complaints committee for redressal of the complaints in a time
bound manner so as to comply with the guidelines laid down by the Supreme
Court or the mandate of any other enactment:
Provided that, to prevent the possibility of any undue pressure or influence
from within the organisation, the complaints committee shall have an
independent member either from a nongovernmental organisation or other
body/person, as the case may be, who is familiar with the issues of sexual
harassment.
(3) Without prejudice to the foregoing provisions, the Central Government may
specify certain other acts which may constitute sexual harassment in sports.
(4) The Central Government may make rules prohibiting sexual harassment in
sports and provide for appropriate penalties.”
Page: 63
Section 26 ordains that at least 10% of the members of the National Olympic
Committee and National Sports Federations must be women and there would be equal
representation of male and female athletes in the National Olympic Committee.
Section 25 constitutes an Appellate Sports Tribunal which has the jurisdiction to
resolve disputes between athletes and sports federations or the National Olympic
Committee, which can be issues pertaining to gender as well, since gender issues that
would perhaps otherwise not be classified as “sexual harassment” have been covered
-----------------------------------------------------------------------------------------------------------------------------------------------------------
under Section 15(2)(d). Also, the bill calls for the creation of an Athletes Commission
in every national sports federation, and Section 41(2) of the bill mentions that the
chairperson of this commission has to appoint an athlete of a gender other than
his/her own to the executive committee.
There is also a National Sports Ethics Commission Bill, 2016, addresses concerns of
female sportspersons vis-a-vis sexual harassment in Section 16 but does not address
concerns of gender bias in access of sports facilities.
RECOMMENDATIONS FOR INDIA AND CONCLUSIONS
Having examined the problems and the legal position, we may examine what
measures need to be taken to ensure gender equality in sport in India. Since the
National Sports Development Bill, 2013, is already in the pipeline and has incorporated
provisions with respect to this issue, we believe that the necessary legal reforms can
come about by adding more provisions to this bill itself.
So, what more can the bill entail? Surely, in a democracy, the media can't be
compelled on what to report or how much to report. Nor can the issue of men
discouraging women in sports be brought under the legal purview.
However, what must come within the legal purview flowing from the philosophy of
Article 15 of the constitution is the equal access to sports infrastructure for men and
women at all levels, even amateur ones, especially in educational institutions.
Approaching the High Court or Supreme Court for an equally good gym or to have a
table-tennis table for girls, however, would become too much of a trifle and an
alternative legal apparatus is needed! A legislation somewhat similar to Title IX, but
ruling out the possibility of reverse discrimination and without creating ambiguity
about contact sports, is the need of
Page: 64
the hour in India. Surveys in India do show discrimination in access to sports

infrastructure or inequality in the quality of sports infrastructure available to both the
genders in educational institutions. We believe that a provision in the National Sports
Development Bill creating a monitoring mechanism for gender equality in this respect
is indeed required. There should also be a forum, perhaps the Sports Authority of
India, wherein female students can address their grievances in this respect, and the
body to which the grievances are addressed should have the authority to issue
directions to the concerned institution as regards gender equality in sports.
Further, while the bill does give affirmative action to women in the National Olympic
Committee and National Sports Federations, we believe that affirmative action for
women even in the Appellate Sports Tribunal won't be a bad idea, to ensure gender-
sensitized sports adjudication.
We also feel that the provisions in the National Sports Development Code, 2011,
mandating the sports federations to conduct championships for both men and women
and to utilize government funds given for the same equally between championships of
both the genders should also find a place in the bill.
Also, the bill should also stipulate that there should be no difference in the prize
money based on gender.
Other than legal reforms, there should also be more policy initiatives.
Advertisements promoting women's sport dispelling myths about its adverse effect on
reproductive health and highlighting how sport as a means of recreation and exercise
cuts across gender should be issued in public interest by the government on radio and
television.
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Several analysts point to how the successes of several female Indian sportspersons
has helped change perceptions and empower women.
All the different education boards in the country can, as a conscious initiative,
introduce chapters in school textbooks on Indian female sportspersons and adventure
legends like Bachendri Pal (though in several cases, they do indeed exist), showing
that women are also capable of having exemplary physical endurance.
Telefilms can be aired on Doordarshan, the media house owned and run by the
Indian government, advancing this cause. The Press Council of India can also issue
directives of a persuasive (not binding) nature appealing to the media to give better
coverage of women's sports, particularly team sports, where the coverage is lesser
than for women's lawn tennis or badminton.
Page: 65
While women's sport has come a long way historically speaking, more and more
needs to be done in this sphere. Not only is sport one of the spheres in which gender
equality is needed, it also in general a means for empowering women.
In the Indian context, we do believe that several legislative and other steps of the
nature suggested must be taken to achieve this end.
Page: 66
Page: 67
Page: 68
Page: 69
———
*
Additional Spokesperson, J&K National Conference
** Research Associate, Citizens' Foundation for Policy Solutions
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rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.

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Page 1 Wednesday, August 09, 2023

2.1 GSPR (2021) 45

Gender Bias in Access to Sports Facilities: Plugging the Legislative and

GENDER BIAS IN ACCESS TO SPORTS FACILITIES: PLUGGING THE LEGISLATIVE AND

There are multiple misconceptions regarding women participation in sports and

An interesting piece of information with respect to domestic cricket in our country

As Mumbai-based writer, Padma Prakash observed in a monograph she wrote in the

DISCRIMINATION EXPERIENCED BY WOMEN IN SPORTS

Elimination of All Forms of Discrimination Against Women (CEDAW) can be applied in

The UN General Assemblyli, UNESCOlii, ECOSOCliii and the International Olympic

LEGISLATIVE AND EXECUTIVE POSITION PERTAINING TO WOMEN'S SPORTS

our attention. It mentions the elimination of “sexual harassment of women in sports”

the hour in India. Surveys in India do show discrimination in access to sports

Business Insider. https://www.businessinsider.in/what-is-article-15-of-the-indian-

Arts, India News, Indian Recipes, Industry. https://www.indianmirror.com/games/gam1.html

Indian Arts, India News, Indian Recipes, Industry. https://www.indianmirror.com/games/gam1.html

28). International Olympic Committee. https://olympics.com/ioc/faq/history-and-origin-of-the-games/when-did-

https://quotefancy.com/quote/1650797/Annie- Oakley-I-ain-t-afraid-to-love-a- man-I-ain-t-afraid-to-shoot-

| Race cars, female race car driver, female racers. Pinterest.

https://www.historyextra.com/period/20th-century/ gertrude-ederle-first- woman-swim-swam-english-channel-

Women You Should Know. https://womenyoushouldknow.net/billie-jean-king-defeated-bobby-riggs/

game. (2021, May 24). India Today. https://www.indiatoday.in/sports/cricket/story/arran-brindle-harry-brindle-

in week (2017, May 22). The Times of India. https://timesofindia.indiatimes.com/india/mother-of-two-from-

xlvGender equality in sports media. (2019, July 24). UNESCO. https://en.unesco.org/themes/gender-equality-

Salma Bi. (2018, August 31). National Diversity Awards. https://nationaldiversityawards.co.uk/salma-bi/#:˜:

Growing Women's Cricket in India. https://doi.org/2020

Growing Women's Cricket in India. https://doi.org/2020

and Suggesting Policy Reforms. (2013). Smashwords.

Olympic Committee. https://olympics.com/ioc/news/un-general-assembly-includes-sport-in-post-2015-

liv Olympic Charter, Chapitre 1, Rule 2.8

Washington Post. https://www.washingtonpost.com/sports/2019/06/18/womens-world-cup- rosters-global-

Aid at Work. https://legalaidatwork.org/blog/46-years-after-title-ix- girls-still-dont-have-equal-rights-on-the-

Recruited with Athnet Sports Recruiting. https://www.athleticscholarships.net/title-ix-college-athletics-9.htm

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