Delhi High Court: In a petition filed by the petitioner seeking to quash the notification dated 13-02-2025 (‘impugned notification’) issued by the Badminton Association of India, which notified the selection criteria for participation in the Para-Badminton events under the 2nd Khelo India Para Games, 2025, Sachin Datta, J., directed the Ministry of Youth Affairs and Sports to ensure that parity was maintained in the participation of male and female athletes in sporting events organized by the National Sports Federations. The Court further directed to ensure that the pool of participating athletes was 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.
Background
In the present case, broadly two grievances were raised by the petitioner. Firstly, it was stated that the impugned notification arbitrarily restricted the participation of female para-athletes by providing them with only 8 slots per event, whereas male para-athletes received 16 slots per event. The petitioner submitted that this tantamount to discrimination against female athletes, and was contrary to the National Sports Development Code of India, 2011.
Secondly, it was submitted that the selection criteria disproportionately favoured established international players by allocating 75% of available slots based on Badminton World Federation Ranking. It was submitted that this approach directly contradicted the Khelo India Scheme which was intended to nurture and promote budding national level athletes.
Analysis, Law, and Decision
The Court stated that the allocation of the lessor slots to female para-athletes did not commend itself to this Court. The principle of gender parity in sports was mandated under constitutional provisions as also in terms of the National Sports Development Code of India, 2011. It was a matter of record that the female athletes have brought significant sporting glory to the country and this Court could not countenance a situation where equilibrium was not maintained between the male and female contingents in sporting events.
The Court stated that there was no reason 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 would also allay the concern that disproportionate weightage was given to participation in international events.
Thus, in view of the fact that 2nd Khelo India Para Games, 2025 were just around the corner, the Court refrained from passing any peremptory / binding directions for the purpose of the said event. However, the Court directed the Ministry of Youth Affairs and Sports to ensure that parity was maintained in the participation of male and female athletes in sporting events organized by the National Sports Federations.
The Court further directed to ensure that the pool of participating athletes was 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.
[Rahul Kumar Verma v. Badminton Assn. of India, 2025 SCC OnLine Del 1628, decided on 12-03-2025]
Advocates who appeared in this case:
For the Petitioner: Shlok Chandra and Sankalp Sharma, Advocates.
For the Respondents: Azim H. Laskar, Advocate; Udit Dedhiya and Vidur Dwivedi, Advocates
