MADURAI: The Madurai bench of the Madras High Court directed the Tamil Nadu chief secretary to protect women participating in sports from sexual harassment. Stating that physical education teachers (PETs) should have an ‘in loco parentis’ (in place of parents) approach towards students, the court directed the state to provide accommodation to the girl’s parent or guardian at state expense to avoid sexual harassment at the hands of coaches and organisers during sports competitions. The court was hearing an appeal filed by Tamil Selvan, a former PET of a government higher secondary school in Thoothukudi district, seeking quashing of the seven-year rigorous imprisonment imposed by the Special Court for Special Trial of Cases under the POCSO Act, Srivilliputtur in a 2021 case for sexually assaulting an SC girl student at a lodge in Virudhunagar district in 2018. Refusing to quash the sentence, Justice KK Ramakrishnan said, “The perpetrators of the said offences must be punished suitably and to take prompt action, the formation of a new form of timely legislature is necessary. Research shows that sexual harassment and harassment/intimidation in sports have a serious and negative impact on the physical and psychological health of female athletes, resulting in serious health consequences.”
The right to enjoy a safe and supportive sporting environment is a fundamental right of every female sportsperson. Protecting an athlete’s development and motivating her to achieve are two sides of the coin of performance. The judge said performance success is as much linked to support and nurturing as it is to “mental toughness”. It is the constitutional obligation of the government to provide sports education and promote sports culture. The judge said it is the supreme duty to identify and nurture suitably talented sportspersons without any discrimination on the basis of caste, community or religion. Further, the court enhanced the victim’s compensation amount from Rs 50,000 fixed by the trial court to Rs 5 lakh, taking into account the girl’s background.
