Last Updated on September 5, 2024 by Amit Patra
In a recent judgment dealing with the paramount issue of sexual harassment in sports the Madras High Court has not only affirmed the sentence of a sports teacher convicted for sexually harassing a 12th-standard student but has also given several path breaking directions for the protection of women athletes. Justice KK Ramakrishnan’s ruling lays a great legal precedent in Indian sports law and establishes that every female sports person has a fundamental right to practice in safe environs.
The case involved a Physical Education Teacher who was convicted under the Protection of Children from Sexual Offences Act for sexually assaulting a student during a state-level Kabbadi tournament. The court dismissed all the arguments raised by the appellant, and the points of law that include what constitutes an ‘institution’ under the Section 9(f) of the POCSO were found to be unmerited because the conviction was based on solid circumstantial evidence and the testimony of the victim. Understanding the context of such cases the court referred to the statistics reported by ‘Sexual Harassment in Sports in India’ report, and underlined that strong reactions are required, and adequate penalties should be imposed on violators.
Counsel for the petitioner submitted that Justice Ramakrishnan issued key directives such as the provision to allow parents or guardians to accompany female athletes to state competitions at the government expense and also to increase compensation to the victims with regards to the present case and victim compensation from Rs. 50000 Rs 500000 and to provide immediate legislation on prevention of sexual harassment case in sports. The court also required the Tamil Nadu government to respond to the protection of women in sports within six months.
The court’s comments on the numerous types of harassment encountered by the females – verbal and physical conduct both in the locker room and on social media including sexual comments, lewd gestures, erotic messages, and touches, to being sexually assaulted highlight the need for structural reforms. Through associating the right to a safe sports environment with fundamental rights, the judgment pushes sports organizations and governmental bodies to develop effective safety measures against sexual harassment.
This particular decision not only supplies justice to an individual victim but also creates the precedents for sweeping changes within the realms of athletic supervision and safeguarding. It can further transform the dynamics of increasing women’s participation in sports in India, especially ensuring protection of athletes’ rights and needs.
