INTRODUCTION:
Sport is generally seen as a way for all athletes, regardless of their gender, to compete on an equal basis, with an equal level of discipline and an equal reward for the level of merit achieved by the athlete. However, reality for many women athletes in India is much different from the ideal. Despite the significant success of female athletes at all levels of national and international competition, gender-based discrimination exists, including significant disparities in pay compared to their male counterparts; inadequate support of infrastructure; lack of media coverage; and lack of adequate institutional support.[1] These difficulties present significant constitutional and legal issues in addition to undermining athletic potential.
Gender discrimination in the sporting field is not only a social issue, but should also be treated as a matter of law due to the equality, dignity, and fair chance rights enshrined in the Indian Constitution.[2] The blog article will discuss how Gender Equality relates to Indian Sport Law by reviewing the Constitution and Statutory Laws, along with an analysis of current barriers to achieving substantive equality for female athletes in India and ways in which female athletes have been discriminated against in India.
DIFFERENT WAYS GENDER DISCRIMINATION OCCURS IN SPORTS:
- Women in Sports earn significantly less money than men who have achieved similar levels of success or even better success simply because of established societal views of women in Sports. Additionally, there are many female athletes who are performing better than male athletes and have significantly higher performance metrics than male athletes.[3]
2.The lack of adequate facilities and resources for women is a major problem for many of the new female athletes involved today. The inequalities in training, coaching, and healthcare services are a major barrier to female participants in the world of sports and limit their ability to achieve all that they are capable of; consequently, as with everything else, the majority of infrastructures for sports were set up for men, thus indicating the chronic injustices that women have faced in the pursuit of equitable access to sports infrastructure.[4]
- Women’s Sports Are Not Given the Same Degree of Coverage by the Media as Are Men’s Sports. Current Media Practices Often Portray Women’s Sports Primarily Through a Lens of Beauty, as Opposed to the Lens of Success as Athletes, Therefore Further Contributing to the Negative Stereotypes That Are Associated with Female Athletes, Which Denies Women Athletes the Same Opportunities for Sponsorship as Their Male Counterparts.[5]
CONSTITUTIONAL FRAMEWORK FOR GENDER EQUALITY IN SPORTS:
The Indian Constitution provides for a legal framework which guarantees all female athletes the same opportunities, access to resources and the same institutional support as their male counterparts by mandating in its Article 14, that “the state shall not deny to any person equal protection of the laws”. Therefore, the Constitution provides a firm base from which to address the discrimination of one’s gender within the world of sports, due to the non-discriminatory provisions found in the Indian Constitution.[6]
Article 15(3) provides for affirmative action to achieve substantive equality for every citizen of India, so it can be inferred that the provisions of this article may create diversity in the promotion of women’s athletics via increased funding and increased sport-specific training, and through increases in the number of women in leadership roles within the various sport organisations.[7]
Article 21 ensures the protection of an individual’s right to a livelihood and dignity, and as such, many female athletes rely heavily on sporting participation as a viable career option.[8] Therefore, discrimination in terms of unsafe participation and/or inequitable pay would be a violation of their right to a livelihood.[9] The state and the governing sporting bodies of the sports, pursuant to Article I and Article II of the Constitution, must ensure that both genders have equal access to all available sports. As such, all articles require all governing bodies to provide every participant, regardless of sex, with the same opportunity and the same rights to participate in all activities related to sports.
SEXUAL HARASSMENT AND SAFETY OF FEMALE ATHLETES:
Sexual abuse and harassment within the sports industry have become an increasingly serious concern. The Sexual Harassment of Women at Workplace Act (Erected, prohibited and remedied) of 2013 defines a workplace as including all training institutions, competitions, and across several Sport Federations.[10]
An example of an organisation’s institutional negligence and non-compliance with statutory requirements would be a failure to create an Internal Complaints Committee and a failure to deliver effective channels to receive and resolve complaints from female athletes.[11] All female athletes are entitled to work and train in a safe sport environment free of sexual harassment or abuse, and to be treated with dignity and respect, including receiving assistance from others to facilitate their right to work, train and be protected from injury while participating in sport.
LEGAL AND POLICY GAPS IN SPORTS GOVERNANCE:
Despite some recent legal improvements in India regarding better structured administration within the field of sport, there has not been a corresponding increase in gender sensitivity throughout this process.[12] Sports administration policy in India still has no enforceable provisions on equal pay or sufficient representation of women on governing bodies, nor requires mechanisms of accountability to track the use of resources allocated to women athletes. Issues with transparency and governance have been highlighted in many committee reports and policy documents, indicating that a lack of institutional oversight has led to decreased access to resources and inferior bargaining positions for female athletes. The absence of athlete-centric governance models has compounded the problems female athletes face in terms of finding effective methods to remedy discrimination.[13]
INTERNATIONAL STANDARDS AND COMPARATIVE PERSPECTIVES:
International frameworks, such as gender equality programs through the IOC and CEDAW,[14] are focused on equal participation, representation and compensation in sport. To meet its international obligations under these frameworks, India’s local sport governing bodies must meet the criteria outlined by these frameworks.
CONCLUSION:
Discrimination against females within sport isn’t simply an isolated event of bias; it is also a manifestation of systemic discrimination that exists within sports governance structures as well as through various practices associated with sport. Although female athletes in India have recently achieved increased visibility and accolades, they have yet to achieve true equality in sport due to ongoing issues relating to remuneration, access to facilities, inclusion within governance/administration, and support from organisations involved with sport. Each of these forms of inequality is subject to the protections provided through Articles 14, 15 and 21 of the Constitution of India, which collectively provide for the right to equality, freedom from discrimination, and the right to human dignity.
The Constitution establishes a strong normative framework; however, the lack of appropriate enforcement measures within the context of sports governance has significantly limited the ability of this framework to have any practical effect. Ineffective grievance mechanisms, non-gender-sensitive and unsafe workplaces, and unequal terms of contracts remain significant barriers to women’s legal rights as athletes, leaving them at risk of being exploited. It is impossible to give effect to equality under the law in the context of sport without having transparent governance structures and accountability from those institutions.
In addition, all sports organizations should have rules clearly defined about what constitutes a safe working environment for women athletes in order to promote female athletes’ rights. Finally, achieving equal outcomes for female athletes will require fair representation of females on sports governance boards, as well as adherence to federal and provincial laws prohibiting discrimination against female athletes. In addition, creating gender equity within sports in general is not simply a policy issue; it is central to creating equality under the law and maintaining the integrity of sports governance in India.
Author(s) Name: Anoushka Uthaiah (Alliance University)
References:
[1] Ministry of Youth Affairs and Sports, ‘National Sports Policy of India’ (Government of India) 2001
< https://yas.nic.in/sports/national-sports-policy > accessed 17 December 2025
[2] Vidhi Centre for Legal Policy, ‘Reforming Sports Governance in India’ (2017)
< https://vidhilegalpolicy.in/research/reforming-sports-governance-in-india/ > accessed 17 December 2025.
[3] International Olympic Committee, ‘Gender Equality Review Project’
< https://olympics.com/ioc/gender-equality > accessed 17 December 2025.
[4] National Women’s Law Center, Athletic Opportunities for Girls Remain Unequal < https://nwlc.org/wp-content/uploads/2015/08/battle_final_5.26.11.pdf> accessed 18 December 2025.
[5] UN Women, ‘Gender Equality in Sport for Development’
< https://www.unwomen.org/en/what-we-do/sport-for-development-and-peace > accessed 17 December 2025.
[6] Constitution of India, art 14.
[7] Constitution of India, art 15.
[8] Constitution of India, art 21.
[9] MP Jain, Indian Constitutional Law (8th edn, LexisNexis 2018).
[10] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
[11] Vishaka v State of Rajasthan (1997) 6 SCC 241.
[12]National Sports Governance Act 2025 (India).
[13] International Olympic Committee, Gender Equality Review Project
< https://olympics.com/ioc/gender-equality > accessed 18 December 2025.
[14] Convention on the Elimination of All Forms of Discrimination Against Women (adopted 18 December 1979, entered into force 3 September 1981).
