Rahul Kumar Verma v. Badminton Association of India

1. The present petition, filed by the petitioner seeks quashing of notification dated 13.02.2025 (hereinafter ‘the impugned notification’), issued by the Badminton Association of India (respondent no.1), which notifies the selection criteria for the purpose of participation in the Para- Badminton events under the 2nd

2. Broadly two grievances have been raised by the petitioner. Khelo India Para Games, 2025 to be held at New Delhi from 20.03.2025 to 22.03.2025.

3. Firstly, it is stated that the impugned notification arbitrarily restricts the participation of female para-athletes by providing them with only 8 slots per event, whereas male para-athletes receive 16 slots per event. It is submitted that this tantamount to discrimination against female athletes, and is contrary to the National Sports Development Code of India, 2011.

4. Secondly, it is submitted that the selection criteria disproportionately favours established international players by allocating 75% of available slots based on Badminton World Federation (BWF) Ranking. It is submitted that this approach directly contradicts the Khelo India Scheme which is intended to nurture and promote budding national level athletes.

5. Respective counsel for the parties have been heard at some length.

6. The allocation of the lessor slots to female para-athletes does not commend itself to this Court. The principle of gender parity in sports is mandated under constitutional provisions as also in terms of the National Sports Development Code of India, 2011.

7. It is a matter of record that the female athletes have brought significant sporting glory to the country and this Court cannot countenance a situation where equilibrium is not maintained between the male and female contingents in sporting events.

8. In this regard, it is apposite to refer to the observations of the Madras High Court in M. Sameeha Barvin v. Government of India 2021 SCC OnLine Mad 6456. It has been observed therein as under:-

skewed, in that two to three times more men than women compete at the paralympic level. Professionals with the adapted physical activity field have speculated on the barriers which exist for women with disabilities in sports. The barriers for participation in such momentous events include classification that are insensitive to women. Few women involved in the power structures of the disability sports movement and an underrepresentation of women athletes in wheel-chair sport. If the potential women are given opportunities coupled with financial support, it will be possible for them to bring more laurels to the Country. Empowering the female athletes to be an active participant could be achieved by providing adequate opportunities to them on par with the male athletes. There needs to be feasible avenues for the female athletes to address their concerns to the decision-makers and it would encourage a united political front that would represent all female athletes, regardless of their disability level, to achieve greater horizons. xxx

53. In the light of the aforesaid detailed analysis and findings, this Court has reached the conclusion that this is a case of discrimination based on the gender as well as the disability, due to which, the petitioner has faced several difficulties and barriers to participate in the international event. The State and Central Governments, being the competent authorities to provide and ensure support and safety to the sports women with disabilities, so as to inspire their confidence freely and take part actively in the events at all levels, have failed to do the same in an appropriate manner. Therefore, in exercise of the power conferred under Article 226 of the Constitution of India, to render substantial justice, this court issues the following directions to the respondent authorities for the purpose of streamlining the policy qua woman athletes with disabilities, in consultation with experts, so as to enable them to participate in all the events at State, National and International levels, with equality and dignity:

(ii) to provide adequate financial assistance and all other requisites to the women athletes with disabilities, so as to participate in all the events.

(i) to prevent or prohibit unfair discrimination against the women athletes with disabilities, 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.

(iii) to follow proper selection process, so as to enable the meritorious candidates to participate in the events.

(iv) To provide necessary training and free medical facilities to all the women athletes with disabilities, who achieve meritorious level in the respective sports for participation in all the international games.