Delhi High Court: Gender Parity In Sports Mandated Under Constitutional Provisions, Must Be Maintained By Sports Ministry
The petitioner approached the Delhi High Court seeking the quashing of a notification issued by the Badminton Association of India.
Justice Sachin Datta, Delhi High Court
While disposing of a petition seeking quashing of a Notification issued by the Badminton Association of India whereby female para-athletes were provided with lesser slots than the male athletes, the Delhi High Court has asked the Ministry of Youth Affairs and Sports to ensure that gender parity is maintained in sporting events organized by the National Sports Federations.
The petitioner filed the Petition before the Delhi High Court seeking quashing of a notification dated February 13, 2025 (impugned notification), issued by the Badminton Association of India (first respondent), which notified the selection criteria for participation in the Para Badminton events under the 2nd Khelo India Para Games, 2025.
The Single Bench of Justice Sachin Datta ordered, “However, it is directed that the Ministry of Youth Affairs and Sports must endeavour to ensure that parity is maintained in the participation of male and female athletes in sporting events organized by the National Sports Federations (NSFs) and also ensure that the pool of participating athletes is broad enough to include not only these athletes who have participated in international events, but the same must also adequately accommodate athletes who have participated in domestic/local / Khelo India Games events.”
Advocate Shlok Chandra represented the Petitioner while Advocate Azim H. Laskar represented the Respondent.
Arguments
It was the case of the Petitioner 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.This, according to the petitioner, tantamounts to discrimination against female athletes and is contrary to the National Sports Development Code of India, 2011. It was further submitted that the selection criteria disproportionately favour established international players by allocating 75% of available slots based on the Badminton World Federation (BWF) Ranking.
Reasoning
The Bench, at the outset, said, “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.”
“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”, it added.
The Bench found no reason as to why the participation of female para-athletes should not be augmented by drawing from the pool of para-athletes who had participated in the National Para-badminton Championship, 2024 and the Khelo India Para Games, 2023. “This will also allay the concern that disproportionate weightage has been given to participation in international events”, it said.
On the Respondent’s suggestion that an attempt be made to augment/increase the contingent/participation of female para-athletes by providing for additional slots, the Bench said, “Khelo India Para Games, 2025 are just round the corner, this Court is refraining from passing any peremptory/binding directions for the purpose of the said event.” The petition was thus disposed of by the High Court.
Cause Title: Rahul Kumar Verma v. Badminton Association of India & Ors. (Neutral Citation: 2025:DHC:1668)
Appearance:
Petitioner: Advocates Shlok Chandra, Sankalp Sharma
Respondent: Advocates Azim H. Laskar, Udit Dedhiya, Vidur Dwivedi
