Introduction
Women's history in sports has been marked by a persistent struggle for equality, recognition, and respect. Despite facing numerous obstacles and biases, women athletes have persevered and made significant strides towards achieving parity with their male counterparts. However, this progress has come at a cost. In reality, women in sports are still subjected to numerous human rights violations, including discrimination, violence, and harassment, based solely on their gender. Recent events, such as the demonstration by leading Indian wrestlers, including Vinesh Phogat and Bajrang Punia, against the Wrestling Federation of India’s chief over allegations of sexual abuse, cast doubt on the actual effectiveness of the organisation’s and society’s pro-female policies. These incidents raise questions about the level of commitment to ensuring gender equality and protecting the rights of female athletes and whether the current policies are enough to address the ongoing challenges facing women in sports.
This article examines the human cost of women’s sports by exploring the various forms of gender-based human rights violations that women athletes are subjected to. By shedding light on these issues, I hope to raise awareness of the ongoing challenges facing women in sports and contribute to the ongoing efforts to achieve gender equality.
Human Rights Violations Faced by Women in Sports
Women face a discouraging attitude not just from society but also from within when they consider choosing sports as a career option. Despite that, few of them go ahead with sports, but still, they face difficulties surviving. Different forms of human rights violations have been persistently acting as a barrier for them, holding them back from excelling compared to men. As noted by Usha Nair and Nisha Eapen in “Women and Sports in India,” human rights violations faced by women in sports include the gender pay gap, biased media coverage, sexual harassment, gender testing, and various cultural and religious barriers.
For example, Forbes' latest rankings of the Top 50 Highest-Paid Athletes, released in 2022, show that only two female tennis players, Naomi Osaka and Serena Williams, made the list, highlighting the stark pay disparity between male and female athletes. Similarly, the prize money for the winning women’s team in the 2019 International World Cup was almost ten times less than that of the men’s team, illustrating the ongoing issue of pay inequality in sports.
The media plays a crucial role in shaping public perception and opinion about sports and athletes. Media representatives play a significant part in creating gender stereotypes persisting in sports by giving more coverage to men compared to female players. As discussed by D. Chattopadhyay in his paper on gender bias in India’s newspaper coverage, the sparse representation of sportswomen by the media means that athletes like Geeta Phogat and Mary Kom became more famous after the release of their biopics than through their sports achievements.
Sexual harassment of sportswomen is another human rights issue that violates women’s right to equality and dignity. Data gathered through the Right to Information Act reveals that between 2010 and 2020, 45 complaints of sexual harassment were reported to the Sports Authority of India, with 29 of those complaints being against coaches. In many cases, the accused were dealt with minimal punishments, such as transfers and pay cuts. This lax handling of harassment cases often discourages victims from coming forward.
Apart from challenges within sports, women also face societal challenges. There persists a discouraging attitude towards female participation in sports, particularly in countries like India and Pakistan, where cultural or religious values may lead to discrimination and exclusion. This discouragement affects not only individual women but also future generations of girls who aspire to pursue sports. The notion that sports are not meant for women and that they are weaker and less capable than men is still deeply ingrained in many communities, affecting the representation and resources available to women in sports.
The Exploitative Practice of Gender Testing in Sports
Gender testing in sports, which involves determining an individual’s biological sex through physical examinations and genetic testing, is another barrier faced by women athletes. Although intended to ensure fair competition, these tests often violate the human rights of female athletes and exclude intersex athletes. These tests began in the mid-1900s and have taken various forms, from femininity certifications to chromosome and testosterone level testing.
These tests have led to the exclusion and humiliation of many female athletes who naturally have higher testosterone levels. Athletes who fail these tests are often regarded as male impostors and face severe consequences, including the end of their sports careers. For instance, Indian athlete Soundarajan, who won a silver medal in the 800m at the Asian Games in Qatar, failed a gender test and faced such severe depression from the humiliation that she attempted suicide.
Existing Laws Concerning Women’s Rights in Sports
While women’s participation in sports may not generally be perceived as a human rights issue, there is a clear link between women’s equality in sports and broader human rights. Several international agreements, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), advocate for the rights of women, including their participation in sports.
In India, measures such as Article 14 of the Indian Constitution, the Prevention of Sexual Harassment at Workplace Act (POSH), the National Policy for the Development of Women in Sports, the Sports Code, and the National Commission for Women Act aim to protect women’s rights in sports. Article 14 guarantees equality before the law and equal protection of laws to all individuals, serving as the foundation for protecting women’s sports rights.
The POSH Act, which applies to all organizations and workplaces with more than ten employees, is crucial in ensuring that women athletes are protected from sexual harassment and abuse. The National Policy for the Development of Women in Sports aims to promote and encourage women’s participation in sports at all levels, addressing the challenges faced by women in sports and creating a gender-sensitive environment.
Suggestive Measures for India
To address the continued exploitation and abuse of women in sports more effectively, India must collaborate with international law to protect their rights, creating a legal framework that specifically addresses the unique challenges faced by women in the sports industry. For example, the CEDAW convention requires states to take all appropriate measures to eliminate discrimination against women in all areas of life, including sports. This means that India can use this framework to tackle the systemic barriers that prevent women from participating in sports on an equal footing with men.
The Beijing Platform for Action also provides a comprehensive set of recommendations for states to take action to advance gender equality in all areas of life, including sports. By collaborating with international law, India can access a wealth of resources and expertise from the international community, enhancing its efforts to promote gender equality in sports and address the challenges faced by women in this sector.
Conclusion
The human rights violations women face in sports are a crucial issue that needs to be addressed globally. The sports industry, being male-dominated, has not been fair to women. Still, the situation has improved over time with the introduction of international and India-specific laws. However, inconsistent implementation of these legislations remains a persistent challenge.
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