BATTLE OF THE SEXES: AN ANALYSIS OF DISPARITY IN THE ARENA OF

SPORTS

AUTHORED BY

GAURAV HOODA

&

KARTIK DOOT
 BATTLE OF THE SEXES: AN ANALYSIS OF DISPARITY IN THE ARENA OF
SPORTS
Gaurav* & Kartik**

1.1 INTRODUCTION

“Bicycling has done more to emancipate women than any one thing in the world”

Susan B. Anthony

Gender Discrimination vis-à-vis Sports

Gender Discrimination means how people are treated differently because of their sex.
Discrimination or abusive behaviour towards members of the opposite sex –unfair treatment of
a person or group on the basis of prejudice, male chauvinism, activity indicative of belief in
the superiority of men over women.1 Discrimination based on gender takes many forms;
including sexual harassment, pregnancy discrimination, and unequal pay for women who do
the same jobs as men.2 Gender equality implies not only equal distribution between men and
women in all domains of society. It is also about the qualitative aspects, ensuring that the
knowledge and experience of both men and women are used to promote progress in all aspects
of society.3

The issue of gender equality in sport is as old as sport itself. Strides have been made, but sport
remains an institution dominated by men. Women's sport has been defined and shaped by
"...men's values, men's understanding of the world, and men's experiences-all of which suppress
the development and expression of female values." The history and evolution of gendered sport
cultures substantiates this statement and provides evidence, not only of historic and existing
gender bias in sport, but of a sport culture created and sustained to nurture that bias.4

* The Author is a IV Year Student, pursuing B.A LLB. from the prestigious Army Institute of Law, Mohali
affiliated to Punjabi University, Patiala.
** The Author is a IV Year Student, pursuing B.A LLB. from the prestigious Army Institute of Law, Mohali
affiliated to Punjabi University, Patiala.
1
https://www.researchgate.net/publication/286156021_ROLE_OF_MEDIA_IN_PROHIBITION_OF_GENDER
_DISCRIMINATION accessed on 15th February 2018.
2
http://civilrights.findlaw.com/discrimination/gender-discrimination.html accessed on 16th February 2018.
3
https://sweden.se/society/gender-equality-in-sweden/ accessed on 16th February 2018.
4
www.kheljournal.com/archives/2016/vol3issue3/PartF/3-3-15-713.pdf accessed on 17th February 2018.
In both subtle and explicit ways, women face many barriers to participating in sports, which
prevent women and girls from reaping the many benefits that can be gained from playing sports
and engaging in physical activity. As such, promoting girl’s and women’s involvement in
sports is an important tool in gender equality and women’s empowerment and, more broadly,
in development and social change.

In India, the discrimination is rampant and is often on the lines of ‘masculinity’, ‘male
supremacy’ and ‘physiological attributes’. Even though “Women’s sport is an expression of
the right to equality and the freedom of all women to take control of their bodies and participate
in sports publicly, regardless of nationality, age, disability, sexual orientation or religion”, India
has little or no regulations mandating the gender neutral spaces in the field of sports and this
has critically imbalanced the growth and development of women in sport. Amateur athletes
from a very tender age are subjected to the misogynistic views of the authoritative paternalism
due to which they have to forego the opportunity to succeed further in the sport. Furthermore,
Dalit women and indigenous tribes face racial vilification which is creating an impediment for
their participation even though a lot of policies exist for the protection of their rights.5

Women’s participation in sport has an extensive history marked by both division and
discrimination but also one filled with major accomplishments by female athletes and
important advances for gender equality and the empowerment of women and girls.6 Rajkumari
Amrit Kaur, Health Minister in India first sets an instance for North Indian women by talking
to competitive tennis. The efforts of such sporting personalities have yielded fruit. The female
sensation in badminton today is World No. 2 Saina Nehwal. Similar legendary sportswomen
are Karnam Malleshwari, Anju Bobby George, PT Usha and Sania Mirza.

Aim of the Essay

Firstly, the Essay aims at elucidating upon the aspect of Gender Disparity in Sport qua the
measures taken by the Govt. to curb it. Secondly, an analysis of the Role of Media in shaping
the public opinion when it comes to female sport events followed by certain suggestions and
recommendations to improve the socio-legal perspective.

5
Jadon, Manvendra, Gender Discrimination in Sports in Light of the Law and Public Policy in India: How to
Tackle the Issues and Myths Surrounding Gender with a Special Reference to the Olympics Agenda 2020
(January 23, 2017). Available at SSRN: https://ssrn.com/abstract=2903956.
6
www.un.org/womenwatch/daw/public/Women%20and%20Sport.pdf accessed on 12 th February 2018.
 1.2 TACKLING THE ISSUES CIRCUMPECTING GENDER EQUITY IN SPORTS:
GOVERNMENT OF INDIA INITIATIVES

“Men, their rights, and nothing more; women, their rights, and nothing less.”

Susan B. Anthony

Gender Discrimination against Women – Need for State Intervention

Sport is one area where gender inequality is strongly evident. The problem is more socio-
psychological than anything else. Today, as we stand at the start of a new millennium it is
deplorable that men and women are treated so differently, especially in sport. Women make up
50% of the world’s population but they are not given equal opportunities. Men are still
considered the better sex and this is one of the reasons why the world is yet to produce a female
Michael Schumacher, Tiger Woods, Mike Tyson or a Sachin Tendulkar.7

Gender inequality is one of the many issues because of which India is not being able to progress
at a faster rate. In India we seem to be denitrifying our great leaders but never pay attention to
what they are trying to tell us. Pandit Nehru has said that to awaken the people, it is the woman
who must be awakened, once she is on the move the family moves, the nation moves. A society,
which does not allow a girl to do something simple as primary education, is unlikely to let her
participate in sport without any hurdles. Even before taking part in 400meter hurdles the girl
has to pass so many more social hurdles.8

Sport Legislations in India

Per se, there are no central or state legislation to regulate sports in India; the Ministry, which
was set up by the government was responsible for achieving excellence in different sports
events which were conducted in India and also to build a good infrastructure for sports. By and
large, the administration of sports activities is in the hands of autonomous bodies, such as
Sports Authority of India (SAI), Indian Olympic Association (IOA), Hockey India (HI) and

7
http://ncw.nic.in/pdfreports/Gender%20Issue%20in%20Sports.pdf accessed on 13th February 2018.
8
A Study on Gender Issues in Sport in India by Bharatiya Stree Shakti, report by Dr. Maneesha Kothekar and
Dr. Jyoti Kanitkar for National Commission of Women.
Board of Control for Cricket in India (BCCI). These governing bodies are recipients of
government’s aid and are also registered under the Societies Registration’s Act of 1860.9

The following govern the arena of Sports in India10:

 National Sports Policy, 1984/2001/2015

The main objective behind enacting this was to raise the standard of sports for the reason that
it was degrading due to corruption, betting, etc. It was later realized that the Bill of the year
1984 was incomplete, and its implementation was not complete, and in a bid to revise the bill
the same was reformulated in the year 2001. The guidelines are three-fold:

Firstly, to earmark the areas of responsibilities which different agencies have undertaken to
develop and to promote sports.

Secondly, to lay down the procedure to be followed by the autonomous bodies and federations
to make the assistance and aid by the government available.

Thirdly, identifying the sports federation that is eligible for coverage under these set guidelines.

It was only after this policy that the lawmakers realized the importance of sports and therefore
‘Sports’ was included in the Constitution in the State list of the Seventh Schedule (Entry 33).
The central government by the provisions of this policy aims to achieve excellence in sports
on the national and global plane and collaborates with the state government and other agencies
to achieve it.

 Sports Law and Welfare Association of India

It is a non-profit national organization that aims to understand, and work for the advancement
of ethical sports law in India for promoting sports. The primary task of the organization is to
provide consultancy services on different matters like Indian sports policy, sports injuries,
health and safety in sports, IP issues in sports, etc. It also provides a forum for legal
practitioners who represent different people, to set up rules for ethics for sports persons.

9
http://www.delhi.gov.in/wps/wcm/connect/98f8250046a2ddbd902e915d9d3d91ee/Registration+of+Societies.p
df?MOD=AJPERES&lmod=-299975412 accessed on 19th February 2018.
10
http://yas.nic.in/sites/default/files/File918.compressed.pdf accessed on 20th February 2018.
 Sports Authority of India

The Sports Authority of India (SAI) is an apex National Sports body set up in the year 1984 by
the Ministry of Youth Affairs and Sports for broad-basing and bringing excellence in sports
across India as a whole. It is located across 9 regions at Bangalore, Gandhinagar, Chandigarh,
Kolkata, Imphal, Guwahati, Bhopal, Lucknow and Sonepat; and two Academic institutions like
Netaji Subhash National Institute of Sports (NSNIS), Patiala and Laxmibai National College
of Physical Education. It also accounts for academic programs like coaching and physical
education awareness programs.

Measures taken by the Government of India

1. Panchayat Yuva Krida Aur Khel Abhiyan: The Minister of State (Independent Charge)
for Youth Affairs & Sports Shri Jitendra Singh has said that the Central Government has
been running a scheme called Panchayat Yuva Krida Aur Khel Abhiyan (PYKKA), to
promote sports in the rural areas of the country. In a written reply in the Lok Sabha today
he said, the scheme was introduced in 2008-09, it aims to development of playfields in all
the village and block panchayats across the country in a phased manner of 10 years and
conduct of annual sports competitions from block to the national level for providing ample
opportunity of participation to rural youth. Till 31st March, 2013 total 60421 village
panchayats and 1852 block panchayats have been approved under the PYKKA scheme and
1.44 Crore (approx.) men and women have participated in the annual rural competitions.
At present, the PYKKA Scheme is under revision.

2. Rajiv Gandhi Khel Abhiyan: Rajiv Gandhi Khel Abhiyan (RGKA), a centrally sponsored
scheme, was launched on 21.2.2014 in place of erstwhile Panchayat Yuva Krida aur Khel
Abhiyan (PYKKA). Under the revised RGKA scheme, construction of a sports complex in
each block of the country both for outdoor and indoor sports disciplines on land measuring
about six - seven acres at a Total cost of Rs. 1.60 crore (Rs. 80 lakh each for outdoor
playfield and indoor sports hall) will be undertaken. There is also provision of Rs. 15 lakh
for sports equipment and Rs. 1.5 lakh for furniture to be provided by Department of Sports.
All the 6545 blocks in 634 districts will be covered in a phased manner over a period of 5
years.11 RGKA aims (i) to provide universal access to sports in rural areas and promote

11
http://pib.nic.in/newsite/PrintRelease.aspx?relid=97653 accessed on 16th February 2018.
 sports culture among both boys and girls; (ii) to harness available and potential sporting
talent among rural youth, through a well-designed competition structure from the block
level; and (iii) to put in place an effective mechanism to identify and nurture sporting talent
in rural areas.

3. Khelo India Scheme: The talented sportspersons from amongst the participants of the
competition for the age group of above 6 –under 12 and above 12 -under 18 at, District,
State and National level will be identified through the competition structure Organising
Committee of the respective level of Competitions will prepare a discipline-wise list of
talented candidates separately for boys and girls keeping in view gender sensitivity and
representation of Scheduled Castes, Scheduled Tribes, Minorities, and weaker sections of
society. The selected candidates will be eligible for either grant of suitable scholarships or
for admissions in SAI Centres and Sports Academies.12

4. Rajiv Gandhi Khel Ratan Award: There will be only one award every year to be given
to an individual sportsperson. The spectacular and most outstanding performance in the
field of sports by a sportsperson over a period of four years immediately preceding the year
during which award is to be given shall be honoured with the Rajiv Gandhi Khel Ratna
Award for excellence in Sports & Games at international level i.e.
Olympic/Asian/Commonwealth/World Games/Championships/World Cup and equivalent
recognized international tournaments. This condition will be relaxed only in exceptional
circumstances. A cash amount of Rs. 7.5 lakh exempt from Income Tax and Wealth Tax in
the year in which it is disbursed.13

5. Scheme of Special Awards to Medal Winners in International Sports Events and their
Coaches: Scheme of Special Awards to Medal Winners in International sports event and
their Coaches was introduced in the year 1986 to incentivize the achievements of
outstanding Sportspersons, encourage and motivate them for higher achievements and to
act as inspiring role models for attracting the younger generation to take up sports.14

12
https://yas.nic.in/sites/default/files/Khelo%20India%20Scheme%20Dated%2022.04.2016_0.pdf accessed on
17th February 2018.
13
https://yas.nic.in/sites/default/files/Rajiv%20Gandhi%20Khel%20Ratna_2018_1.pdf accessed on 17th
February 2018.
14
https://yas.nic.in/sites/default/files/Scheme%20of%20Special%20Awards%20to%20medal%20winners%20an
d%20coaches.pdf accessed on 18th February 2018.
6. Pandit Deendayal Upadhyay National Welfare Fund for Sportspersons: Pandit
Deendayal Upadhyay National Welfare Fund for Sportspersons was set up in March, 1982
with a view to assisting outstanding Sportspersons of yesteryear, living in indigent
circumstances who had brought glory to the Country in sports. The scheme as revised in
May, 2016 to provide for lump sum ex-gratia assistance to outstanding Sportspersons of
yesteryears. Provision of pension has been done away with as there is already a Scheme of
Pension for Meritorious Sportspersons. Now, lump sum ex-gratia assistance is given to the
Sportspersons or their families for medical treatment etc.15

7. Details of Pension sanctioned to meritorious Sportspersons during 2015-16: The

scheme was launched in the year 1994. This is one of the most important schemes of the
Government of India in the realm of sports. It has been designed to give a clear cut message
to all those talented Sportspersons who want to become champion at the international levels
that Government would back appreciation of their achievement with concrete life. Under
this scheme, those Sportspersons who are Indian citizens and have won gold, silver or
bronze medals in Olympic Games, World Cup / World championships, Asian Games,
Commonwealth Games and Paralympic Games and have attained the age of 30 years and
have retired from active sports career are eligible for life pension, 6k-10k per month.16

15
https://yas.nic.in/sites/default/files/NWFS_Scheme%2022092017.pdf accessed on 18th February 2018.
16
https://yas.nic.in/sites/default/files/Annexure%20II%20Scheme%20of%20Pension%20to%20Meritorious%20
Sportspersons.pdf accessed on 19th February 2018.
1.3 CHANGING THE CHANNEL: LACK OF MEDIA COVERAGE FOR WOMEN’S
SPORT

“Don’t let anyone tell you you’re weak because you are a women.”

Mary Kom

Women’s sport and Role of Media

Society has mostly embraced equality in the work place, but sport journalism still belongs to a
boys club. While the coverage of women’s sport across the world is already unequal to that of
males, often the publicity focusses on everything else but their sporting abilities. The Gender
and Media Progress Study 2010 conducted by Gender Links found that sport is the most
covered topic in South African media with over a quarter of all coverage. Yet only 10% of this
coverage is of women sport or women athletes.17

Even when women sport events are reported on they are often broadcast during odd hours,
treated as less credible events or portrayed as a novelty instead of a serious sport event
showcasing talented sports women. “Online commentary points to girls and women as
dominating social media during the [Olympic] games. Yet in both social and mainstream
media, this attention shows that female athletes often found their looks, style of dress and
physical appearance to be cause for comment” writes Kopano Sibeko in a recent article for
Gender Links.18

The gender-based discrimination against women in sport-related employment is also apparent

in the unequal representation of women in sport media, and the negative portrayal of women
athletes and women’s sports remains a persistent problem. In addition, women’s sporting
events remain marginalized from the mainstream multi-billion dollar sport-media industry and
while many local, national and international competitions include both men’s and women’s
events, the men’s events invariably dominate media coverage and local and global attention.
For example, in the United States, the media coverage ratio in 2004 between male and female
professional sporting events was 95 to 1 in television and 20 to 1 in print media.19

17
http://www.fesmedia-africa.org/uploads/media/Changing_the_channel_Charlotte_Keuris_.pdf accessed on
20th February 2018.
18
Ibid.
19
Ms. Magazine, Summer 2004, vol. 14, issue 2, p. 54 (taken from ILO (2006), Facts on Women at Work,
2006).
Frank Deford, a senior writer for Sports Illustrated, has argued that coverage of sport is dictated
by what people want to see. He maintains that there is little coverage of women’s sport because
women do not support female athletes nearly as much as men support male athletes. 20 The
Women’s Sports Foundation has, however, noted that there is no evidence to support the
contention that women are not as interested in sport as men.21

Media representation and portrayal of men’s and women’s sport are also significantly different.
Media coverage of women’s sport continues to be influenced by gender stereotypes, which
reinforce traditional images of men and women. Numerous research studies have, for example,
shown that in sport media, women are frequently portrayed as “girls”, no matter what their age,
and described in terms of their physical attributes and emotional responses, often in ways that
stress their weakness, passivity and insignificance.22 Such gender stereotyping can have a
powerful influence on the younger generation’s perceptions and attitudes towards women and
gender equality. In this context, the findings of a research study conducted on gender specific
images in Sports Illustrated for Kids are particularly disheartening. The study showed that
stereotypical masculine and feminine ideologies continued to dominate the magazine, even
when progress in gender equality in sport has been achieved and cultural acceptance and
expectations of women in sport have evolved.23

The coverage, marketing and promotion of women’s sport are also often highly sexualized.
The value of the female athlete is often determined in terms of her body type, attractiveness
and sex appeal, rather than in terms of the qualities that define her as an athlete. Donna Lopiano,
the former Chief Executive of the Women’s Sport Foundation in the United States, says that
the sports media culture is “deciding what sells, and they’re not willing to sell legitimate female
athletic achievement”.24

20
“Women’s sports takes a hit when Wie faces the men”, In Sports Illustrated, 20 July 2005. Available at
http://sportsillustrated.cnn.com/2005/ writers/frank_deford/07/20/michelle.wie/
21
“Q & A: Media Coverage of Women’s Sports”. Available at http:// www.womenssportsfoundation.org/ cgi-
bin/iowa/issues/media/article. html?record=965.
22
Phillips, Murray G. (1996). An illusory image: A report on the media coverage and portrayal of women’s
sport. Australia: Australian Sports Commission Publications; and Dianne Jones (2004). “Half the Story?
Olympic Women on ABC News Online.” International Australia incorporating Culture and Policy (110). pp.
132-146.
23
Lynn, Susan (2002). “Selling Girls Short: Advertising and Gender Images in Sports Illustrated for Kids.” In
Women in Sport and Physical Activity Journal, fall 2002, vol. 11, issue 2. Virginia: National Association for
Girls and Women in Sports. p. 77.
24
Huang, Thomas (2004). August 2004 Olympian Too Sexy for Their Own Good? Dallas Morning News, 22
August 2004. Available at http:// www.womenssportsfoundation.org/ cgi-bin/iowa/issues/media/article.
html?record=1064.
If media coverage continues to favour traditional male sports viewers will not be exposed to
women sports and women sports across the world will continue to struggle. “If the media
focuses more on women athletes and the various roles that women play in the sports industry,
it will help eradicate stereotypes”. Small changes can make a big difference and if publications
and broadcasters make a commitment to showcase one women sport in their coverage daily
this will start the process towards equal coverage and opportunities.

It is up to the media to start changing the perception of women sports as less important and less
interesting than traditional male sports. The media needs to change their attitude towards
covering women sport in order for viewers to change their perceptions of women sports. If
there is any hope of women sport reaching the same levels as male sports then media
institutions and sponsors need to start investing in them.
 1.4 RECOMMENDATION & SUGGESTIONS

“There is no limit to what we, as women, can achieve”

Michelle Obama

In the case of Charu Khurana v. Union of India25, it was held that the Covenant on the
Elimination of All Forms of Discrimination against Women (CEDAW), 1979 graphically puts
what constitutes discrimination against women and spells out the tools so that women’s rights
are not violated and they are conferred the same rights.

As per Article 13(c), States Parties shall take all appropriate measures to eliminate
discrimination against women in other areas of economic and social life in order to ensure, on
a basis of equality of men and women, the same rights, in particular: The right to participate in
recreational activities, sports and all aspects of cultural life.

As per Article 10(g), States Parties shall take all appropriate measures to eliminate
discrimination against women in order to ensure to them equal rights with men in the field of
education and in particular to ensure, on a basis of equality of men and women in particular
provide the same Opportunities to participate actively in sports and physical education.

Indian women players are no less than any women players in the world. They are equally
talented and hard working. The problems that they face are much more daunting than the
problems faced by the players in the developed countries. Indian players are a very courageous
lot. It is very sad to state that, the problems that we have are “manmade”. They are of the
sociological variety. It is not the parents that are not letting girls play but it is the “system of
Indian sport” that is to be blamed. The system is not working, as it should. There is a total
apathy. People who are running the show of “sport” in India are to be blamed.

1. Our first recommendation would be to start a “movement of sport”. Girls should be

encouraged to play an organized team sport or even an individual sport from a very young
age.
2. The state federations and also the national federations of women’s sport have more male
office bearers than female. This proportion and system should change. Female office
bearers should be more in number and rules should be made to that effect.

25
(2015) 1 SCC 192.
3. Ex-players should be elected or nominated to the federations, just like the Indian Ladies
Cricket Association. We have seen that the condition of Ladies Cricket and also their
performance has improved tremendously because of this.
4. The sport ministry and also the Sport Authority of India should be made answerable to the
mismanagement in the selection process and in the mismanagement of funds in terms of
cash and kind, which are provided.
5. Special training should be provided to coaches, referees and association people on the
problems of female players.
6. There should be a tribunal to hear the complaints of girl players, and it should be seen that
girls get justice for the misbehaviour against them. This has a special reference to sexual
harassment. Special State and University level grievance committees should be set up.
7. Role of media is very vital in the development of women sport. Media should give more
coverage to ladies sport so that people become more aware of it. Girls will also be
encouraged to participate in sport.
8. Para-military should reserve jobs for women players.
9. In the Ministry of Sports, a special cell should be opened with the focus on the development
of women’s sport in India. This cell should be entrusted with the mandate of working on
promoting women’s sport in India.

To conclude, in the words of Malala Yousafzai, “We cannot all succeed, when half of us are
held back” and therefore, the girl child of the millennium should have no difficulties in
achieving her dream of becoming an accomplished sportswomen, be it financially or otherwise.
The society should adapt and change its perception and if not more, give equal recognition to
women who have brought laurels for the county at various Sport Events, held at National or
International level.

**