Sexual Harassment and Abuse Against Women in Sports Law

Vini Tina
Mar 28
5 min read

Sexual harassment and abuse remain critical challenges facing women in the world of sports, undermining both their rights and opportunities. This blog explores the legal frameworks, organizational measures, and real-life cases that highlight the urgent need for safer, more equitable environments in sports.

Sexual harassment is gross violation of women’s right to equality and dignity. Sexual harassment and abuse are forms of sex discrimination. They include unwanted, groomed or forced involvement in sexual behavior. Any kind of jokes, threats, intimidation, approaches or action of a sexual nature are all form of Sexual Harassment and Abuse (SHA). SHA is unwanted and creates an unhealthy atmosphere. Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In most modern legal contexts, sexual harassment is illegal.

LEGAL AND ORGANIZATIONAL MEASURES:

There are several legal and organizational measures that can help prevent and address sexual harassment in sports, including:

Laws and the Constitution:
The Indian Constitution guarantees individuals the right to equality, non-discrimination, and dignity.
Sports Authority of India (SAI) guidelines:
The SAI has policies in place to address sexual harassment and abuse in sports.
National sports organizations:
National sports organizations, such as the Indian Olympic Association (IOA), are responsible for ensuring that laws are implemented to prevent intimidation and guarantee equal treatment for women.
Management responsibility:
If a club member suspects sexual harassment, they should bring it to the club's management. The management is then responsible for investigating and preventing sexual harassment.
Complaint mechanisms:
The Athletics Federation of India has a complaint mechanism that allows anyone who has been sexually harassed to file a complaint.

Some examples of sexual harassment in sports include hostile environment: A coach's behavior is so severe that it creates an offensive atmosphere that interferes with an athlete's ability to perform. This can include unwelcome verbal expressions, sexually suggestive objects, or sexually degrading language.

STEPS TAKEN BY IOC AGAINST SEXUAL HARASSMENT AND ABUSE:

On 8th February, 2007, International Olympic Committee’s (IOC) executive board adopted a statement on Sexual Harassment and Abuse (SHA) in sport. Harassment and abuse in sports can take various forms and are not restricted to only those that are sexual in nature. International Olympic Committee (IOC) given us five broad categories of SHA.

1. Gender Harassment:

Gender harassment need not necessarily be sexual. It involves any forms of harassment, verbal or non-verbal, that involves disrespectful message towards a person’s gender. Asking the athlete to confine to stereotypical gender norm is harassment. Additionally, addressing an athlete by sexually suggestive terms such as babe or sweetie is harassment. For example, if someone tells a female athlete to stop thinking about a career in sports and work as a housewife instead, that is harassment.

2. Sexual Abuse:

Any form of non-consensual sexually charged verbal, no-verbal, or physical behavior constitutes sexual abuse. Sexual abuse can be intended or unintended. Grooming is one of the ways in which sexual abuse happens. Grooming is when a person build up a good relation with the intended victim before abusing him/ her. Staring at an athlete’s private parts or inviting the athlete over to one’s place for the purpose of sexual activity are forms of sexual abuse.

3. Homophobia:

Discrimination against people who are gay, lesbian or bisexual is homophobia. Discrimination against people who are transsexual is transphobia. Any form of verbal, non-verbal communication that insults or makes fun of s person’s sexual orientation is homophobia. Even jokes that makes fun of a person who is seen as physically different is a form of harassment. Refusing to share a room with a person from the same sex because he might be or is gay is also homophobia. For example, if a boy or girl for some reason is called chakka, hira or lesbian, that is definitely harassment.

4. Hazing:

Ragging or bullying in any form, physical or mental is called hazing. This might happen inside the hostel as well as on the training grounds. Hazing can happen due to seniority, as well as because of class, caste, lifestyle choices (vegetarianism v non-vegetarianism or religious practices). Modeling is a form of hazing, where a person is pulled out of the game for no justifiable reason. For example, if a senior athlete, asks a junior athlete to do some work for him/ her that is hazing.

5. Bystanding:

Bystanding is not taking action when abuse is suspected. By not taking action, the guilty party is indirectly encouraged to abuse/ harass even more. Sometimes, the victim might not feel comfortable to lodge a complaint, but the victim might hint at abuse by dropping hints through non-verbal gestures or decline in performance. For example, if an athlete appears uncomfortable or breaks down without any evident reason, immediately an enquiry should be made.

SAFEGUARDING POLICIES:

In 2013, the sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed.
According to this act, any sport institute, stadium, sports complex, or games venue, whether residential or non-residential is considered to be a workplace.
In 2012, Protection of Children from Sexual Offences (POCSO) Act was passed to protect those under the age of 18 years from harassment and abuse.
No Women Shall be subjected to Sexual Harassment at any Workplace [sec 3(1)].

CASES OF SEXUAL HARASSMENT:

Sexual harassment in sports is a serious issue that violates ethical ideals of justice, equality, and respect. Forty-five complaints of sexual harassment recorded by the Sports Authority of India, between 2010 to 2022 of these twenty-nine were filed against coaches. Some of the Sports and Sexual Harassment past complaints against men in power.

1. Harassment complaint against cycling Coach RK SHARMA. On May 2022, SLOVENIA a senior women cyclist accused the Indian National Team’s Coach of forcibly entering her room for a Post Training massage. Later another cyclist also accused SHARMA and his assistant of inappropriate behavior. On June 2022, finding the allegations to be true, SAI terminated SHARMA’S contract.

2. Sexual harassment complaint against Haryana Sports Minister SANDEEP SINGH. On 1st January 2023, Chandigarh police filed a case of Sexual Harassment and Criminal Intimidation against SINGH. Based on a complaint by a junior athletics coach. SINGH dismissed the allegations as baseless, but stepped down as Minister on moral grounds.

3. Sexual abuse complaint against Chennai Coach P. NAGARAJAN. On May 2021, the renowned sports Coach was arrested after Sexual abuse, improper behavior and misconduct complaint was filed against him by a National level athlete. Later, several other women athletes accused him of sexual abuse and threatening to stop their training and end their career. Some even alleged that they were abused when they were minors.

4. Sexual misconduct complaint against football coach ALEX AMBROSE. On September 2022, following Sexual misconduct complaint, the 39 year old assistant coach of the under 17 National Women’s team and former footballer was sent back from a preparatory tour. An event of misconduct has been reported in the U17 women’s team. As an initial action, All India Football Federation has provisionally suspended the individual pending further investigation.

5. Sexual assault complaint against a Boxing Coach. On March 2020, a 19 year old athlete accused the 28 year old coach of sexually assaulting her in a train to west Bengal during their stay in west Bengal. The coach was arrested after the women’s complaint.

Sexual harassment pose an imminent threat to the principles of equality and fair play in sports. Gender ought not to influence an athlete's treatment; alternatively, an athlete's abilities and skills should be the main element considered when evaluating them. To address the issues faced by women in sports. It will require a concerted effort from various stakeholders, including governments, sports organizations, and civil society, to create a safe and equitable environment for women in sports.

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