Laws Related to Gender, Caste & Racial Discrimination in Sports

Sports have the power to unite people across differences of gender, caste, race, and background. However, discriminatory practices continue to persist in many sporting environments in India and around the world. 

Such discrimination undermines the very spirit of sportsmanship, fair play, and equality. Recognising this, Indian law provides various constitutional guarantees, statutory protections, and institutional frameworks to combat discrimination based on gender, caste, and race in sports.

Constitutional Provisions Against Discrimination

The Indian Constitution provides a strong foundation for equality and non-discrimination which applies equally to the field of sports. The following Articles are especially relevant:

• Article 14 – Right to Equality: It guarantees equality before the law and equal protection of the law to every individual. Arbitrary discrimination in sports, whether in selection, access to facilities, or leadership positions, can be challenged under this Article.
• Article 15 – Prohibition of Discrimination: This Article specifically prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth. State-supported sports bodies and institutions must comply with this mandate.
• Article 16 – Equality of Opportunity in Public Employment: Applicable to sports academies and institutions run by the government or public sector, this Article prevents discriminatory practices in recruitment or appointments based on gender, caste, or race.
• Article 21 – Right to Life and Personal Liberty: Courts have interpreted this Article to include the right to dignity and a safe environment. Harassment or abuse based on gender, caste, or race violates this right.
• Article 46 – Promotion of Educational and Economic Interests of Scheduled Castes and Scheduled Tribes: This Directive Principle directs the State to promote the welfare of SC/ST communities, including ensuring their fair representation in educational institutions and sports.

Legal Protections Against Gender Discrimination in Sports

Gender discrimination remains one of the most widespread challenges in the sporting world. The following laws offer protection to female athletes and officials:

Equal Remuneration Act, 1976

Though primarily applicable to industries, this Act mandates equal pay for equal work irrespective of gender. Its principles increasingly influence pay structures in professional sports, coaching, and officiating. Women athletes cannot be paid less than men for comparable achievements or roles.

Protection of Women from Sexual Harassment (POSH) Act, 2013

The POSH Act is crucial for addressing harassment of women in workplaces, including sports organisations. Courts have held that sports federations, teams, and training centres constitute “workplaces” under the Act.

• Internal Complaints Committees (ICC) must be constituted.
• Women athletes and employees can file complaints if subjected to unwelcome behaviour or abuse.
• Timely and fair inquiry processes and protective measures are mandated.

Maternity Benefit (Amendment) Act, 2017

Female athletes, coaches, and sports staff are entitled to maternity benefits if employed by sports institutions. Though many athletes are contractual, federations are encouraged to adopt policies supporting maternity leave to retain talent.

Transgender Persons (Protection of Rights) Act, 2019

This Act prohibits discrimination against transgender persons in educational institutions and workplaces. Sports academies and federations must develop inclusive policies for transgender athletes while balancing fair competition considerations.

Caste-Based Discrimination and the Law in Sports

Caste discrimination is deeply entrenched in Indian society and finds echoes even in sports, affecting access and representation for Scheduled Castes and Scheduled Tribes.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

This law criminalises atrocities against SC/ST persons, including exclusion from public places, verbal abuse, or humiliation by officials. In sporting contexts:

• Denial of access to facilities.
• Social boycott or segregation in hostels or teams.
• Casteist slurs and harassment.

Victims can file complaints and seek protection under this Act.

Reservation Policies in Sports

In line with Articles 15(4) and 16(4), the State implements reservation policies to ensure fair representation of SC/ST athletes in educational institutions and government jobs related to sports.

• Sports quotas for admissions, scholarships, and training camps are offered.
• Coaching and administrative posts may be reserved to improve inclusion.

These measures aim to remove systemic barriers faced by marginalised caste groups.

Draft Prevention of Discrimination Bill

Though not yet enacted, the proposed Bill seeks to extend anti-discrimination protections beyond SC/ST communities to all socially excluded groups, which could further strengthen safeguards in private sports clubs and associations.

Legal Framework Against Racial Discrimination in Sports

India does not have a dedicated statute dealing exclusively with racial discrimination. However, relevant laws and international obligations apply:

Constitutional Prohibition

Article 15 forbids discrimination on the ground of race, and this constitutional protection extends to sports.

International Commitments

India is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). This obliges the State to prevent racial discrimination in all sectors, including sports.

Sports Federation Regulations

International and national sports bodies have adopted codes forbidding racial discrimination:

• Olympic Charter: Prohibits any discrimination based on race.
• FIFA Code of Ethics: Bans racist behaviour during matches, with sanctions for violations.
• Member associations in India adhere to these codes during international competitions.

Criminal Remedies Under the BNS

Certain Bharatiya Nyaya Sanhita, 2023 sections are invoked in racial abuse cases. Victims of racial abuse during sporting events can seek criminal redress under these provisions.

Institutional Mechanisms to Address Discrimination in Sports

Apart from legal statutes, various bodies provide avenues for grievance redress and enforcement:

National Human Rights Commission (NHRC)

Under the Protection of Human Rights Act, 1993, the NHRC can investigate complaints of human rights violations in sports, including discrimination, harassment, or denial of facilities. It can recommend remedial action to sports bodies or the government.

State Commissions for Women and SC/ST Commissions

These commissions are empowered to investigate gender and caste discrimination complaints. They provide a quasi-judicial forum that is more accessible and less formal than courts, often issuing recommendations to state sports authorities.

Sports Arbitration and Disciplinary Panels

Sports federations such as the Board of Control for Cricket in India (BCCI) and All India Football Federation (AIFF) have internal ethics committees and disciplinary panels that handle complaints of discrimination. Additionally:

• The National Anti-Doping Agency (NADA) and
• The Court of Arbitration for Sport (CAS)

offer alternative dispute resolution forums for athletes, ensuring quicker resolutions than traditional courts.

Policy and Best Practices in Sports to Prevent Discrimination

Recognising the limitations of legal provisions alone, several proactive policy measures are gaining ground:

Anti-Discrimination Policies

Sports federations and clubs are required to adopt clear anti-discrimination policies which:

• Define prohibited conduct.
• Outline complaint procedures.
• Specify sanctions for violations, ranging from warnings to expulsion.

Diversity and Sensitisation Training

Regular workshops for athletes, coaches, officials, and administrative staff help dismantle stereotypes and foster inclusive environments.

Inclusive Infrastructure

Provision of gender-neutral changing rooms and toilets, as well as caste and race-neutral seating in clubhouses and dormitories, helps prevent informal segregation.

Financial and Representation Incentives

• Women’s leagues, prize money parity, and scholarships encourage female participation.
• Reserved quotas and financial support schemes assist SC/ST and minority athletes to overcome socio-economic hurdles.

Remedies Available for Victims of Discrimination

Victims of gender, caste, or racial discrimination in sports have multiple remedies:

• Public Interest Litigation (PIL): Courts have entertained PILs demanding reforms in sports bodies, anti-discrimination norms, and inclusive selection trials.
• Criminal Proceedings: Filing FIRs under relevant Bharatiya Nyaya Sanhita, 2023 or SC/ST Atrocities Act provisions for severe abuses.
• Civil Compensation Claims: Suits for mental agony, defamation, or loss of opportunity.
• Sports Federation Sanctions: Removal or suspension of discriminatory officials, deregistration of offending clubs, or bans on players.

These remedies can be pursued independently or in combination depending on the case.

Conclusion

Sports can and must be a domain where merit, talent, and hard work shine beyond gender, caste, or race. India’s Constitution, statutes, and international commitments collectively provide a robust legal framework to prevent and remedy discrimination in sports. However, legal provisions alone cannot change mindsets.