Stephen Hawking, a renowned professor and director of research at the University of Cambridge, once famously said, “Disability need not be an obstacle to success.” He had a complete physical impairment that made him unable to perform regular life functions and bound him to a wheelchair for life. He is the prime example of how disability or impairment can be physical, but a person’s spirit is always free.
If we try to understand disability, the World Health Organisation has given a threefold definition from which we can deduce that disability can be referred to as a physical, physiological, or anatomical structure that makes a person infirm to perform day-to-day tasks or roles deemed to be expected. From this, we can also understand that the terms ‘Impairment’, ‘Handicap’, and ‘Disability’ cannot be used interchangeably because the term ‘impairment’ refers to organ-level functions or structures, ‘disability’ refers to person-level limitations in physical and psycho-cognitive activities, and ‘handicap’ to social abilities or relation between the individual and society. Furthermore, as defined under Section 2(S) of the Rights Of Persons With Disabilities Act, 2016, disability hinders a person’s full and effective participation in the society. In India, when we talk about disabled people, we have to address the issue regarding physical incapacity and inequality and the social stigma carried in society against them. Thus in this article, we delve into a domain that receives very little attention from the society – The Paralympics. Paralympics are international sports events conducted for athletes with disabilities and are associated with the Olympic games. Here, disabled athletes compete amongst themselves in a wide range of sports with no interference from regular sports athletes or rules. In the backdrop of historically modest performances, India, at the Paralympic Games held in Tokyo, Japan in 2020, etched an unprecedented chapter in its sporting history. This remarkable feat saw the Indian contingent amass a total of 19 medals, securing the 24th spot in the overall medal tally. The emergence of this achievement becomes all the more significant in light of the reforms enacted by the Indian Paralympic Association, which propelled a contingent of 40 players to the international stage, marking the highest representation thus far. This compelling demonstration underscores India’s resolute engagement and presence on the global platform dedicated to sports for persons with disabilities.
Let us try to understand the issues and practices revolving around these sports and athletes.
Statutory Provisions for Sports for the Disabled in India
Section 30 of The Rights Of Persons With Disabilities Act, 2016 provides that the government shall take appropriate measures, decisions and actions to promote sports and activities of persons with disabilities in India. The government shall not prejudice or discrimination to take measures to restructure, redesign, develop technology, or allocate funds) promote and organise disability-specific sporting events etc. The government shall also promote schemes and programmes to promote and ensure active participation of persons with disabilities. This section lays down the foundation for sporting activities in India and the basic idea of what has to be followed.
All such sporting activities for persons with disabilities come under the umbrella/ambit of the Paralympic Committee of India, which governs and controls all sporting events nationally and internationally and identifies and promotes athletes for such events. This committee is affiliated with the International Paralympic Committee, which binds together all nations and organises the Paralympic Games.
The Paralympic Committee of India operates under its constitution, with a primary objective of fostering and enhancing sporting prospects and competitions across a spectrum ranging from grassroots initiatives to the highest echelons of excellence. This mission aligns with the provisions outlined in Articles 21 and 16(4) of the Constitution of India. These constitutional articles emphasise the duty of the state to formulate policies that secure the well-being of marginalised segments of society, encompassing individuals with disabilities. The aim is to establish a framework that facilitates social justice, economic parity, and overall equality. This underscores the broader societal commitment towards creating an inclusive environment where persons with disabilities are empowered and enabled to participate fully and thrive in all aspects of life, including sports.
Landmark Precedents in Sports for Disabled in India
Disabled have faced acute problems in all sorts of manners in India, and to counter these problems, we had the judiciary intervene in them. Let us have a look at some landmark judgements.
M. Sameeha Barvin vs The Joint Secretary– This case emphasised the double discrimination women athletes faced solely because of their sex and disability. The Petitioner, in this case, had 90% hearing and speaking impairment and was denied participation at the World Deaf Athletics Championship. The Petitioner approached the court seeking approval to participate in the competition, as the refusal was completely discriminatory and arbitrary. The court took the cognizance of the matter into its own hands. It upheld the principles of Article 15(1) of the Constitution. It is directed to provide all disabled-friendly materials, equal access to opportunities, and facilities at par with men. Disabled women athletes were provided extra travel and other remunerations to make them on par with other athletes. This case eventually led to the principle of streamlining the policy for women athletes with disabilities, in consultation with experts,to give them the opportunity to take part in all events at the state, national, and international levels with respect and equality.
Disabled Right Group vs Union Of India: The complaint involved concerns regarding the non-implementation of the 3% seat reservation in educational institutions as required by Sections 39 of the 1995 Disabilities Act and Section 32 of the 2016 Disabilities Act. The provision of appropriate access to people with orthopaedic disabilities is the second equally significant concern mentioned in this petition, which is closely related to the first issue to move into the educational institution and access the facilities freely. The third issue pertains to pedagogy, i.e. making adequate provisions and facilities for teaching disabled persons. This case provided for the presence of a comfortable study as well as sports machinery at educational institutions to create a holistic learning environment as well as promote sports amongst persons with disabilities.
Key Issues
Despite India’s notable progress in the realm of the Paralympics and advancements in the quality of life for individuals with disabilities, certain gaps persist, necessitating attention and action.
One of the prominent issues is the absence of regional offices for the Indian Paralympic Committee. As the governing body for disabled sports nationwide, its current concentration in Delhi and Bangalore presents a challenge for rural populations to access its programs and policies effectively, thus warranting a more extensive outreach strategy. Another critical concern lies in the assignment of registration and identification numbers to athletes through their respective national sports federations. A substantial portion of athletes competing in the disability category lacks these identification numbers, which consequently denies them various facilities and privileges granted to their counterparts in the able-bodied category. This imbalance in recognition and support hampers their journey towards excellence. Moreover, the recognition and operational efforts of the Paralympic committee were notably absent until the 2016 Rio Games. It was at this juncture that the emergence of medal-winning athlete Deepa Malik brought attention to the transformative potential of Paralympic sports. Her subsequent appointment as president marked a turning point, heralding a series of revolutionary reforms within the organisation. However, challenges persist, notably in terms of the disparity in recognition and facilities. Paralympic athletes continue to be underserved in comparison to their mainstream counterparts, often lacking the acknowledgment and resources that could foster their dedication to sports. This disparity tends to discourage potential athletes from pursuing sporting careers, redirecting their energies towards alternative professions.
Addressing these multifaceted issues demands a concerted effort to ensure comprehensive and inclusive support for athletes with disabilities, reinforcing the principle that sporting excellence knows no bounds, be it physical ability or the barriers society constructs.
Conclusion
From grappling with equipment shortages to achieving remarkable international performances, India’s journey signifies a significant progression. However, there is a longer path ahead. Fundamental grassroots implementations and adjustments have paved the way for smoother operations for athletes and the committee. A constructive proposal involves incorporating the Paralympic Committee of India (PCI) within the purview of the Sports Authority of India and the National Federation. This move could enhance accountability and transparency substantially. Although numerous setbacks have been encountered, athletes continue to persevere in their pursuit of success and it’s time we give them the provisions and recognition they deserve.
The Author, Vinayak Topa, is a 2nd year law student at Dr. B. R. Ambedkar National Law University, Sonepat.