MADURAI: The Madurai Bench of the Madras High Court directed the TN chief secretary to ensure the protection of women participants in sports from sexual harassment. Stating that physical education teachers (PET) should have an ‘in loco parentis’ (in the place of a parent) approach to students, the court issued a direction to the state to provide accommodation to either the parents or guardian of the girl, at the state’s expense, during sports competitions to avoid sexual harassment at the hands of coaches and organisers of the events.
The court was hearing an appeal filed by Tamil Selvan, a former PET of a government higher secondary school in Thoothukudi district, seeking to set aside the seven years rigorous imprisonment imposed by the Special Court for Exclusive Trial of Cases under Pocso Act of Srivilliputtur in a 2021 case for sexually assaulting an SC girl student at a lodge in Virudhunagar district in 2018.
Refusing to set aside the punishment, Justice KK Ramakrishnan said, “Perpetrators of the said crimes are to be suitably punished and to take prompt action, the timely formation of a new form of legislature is required. Research demonstrates that sexual harassment and hazing/bullying in sport seriously and negatively impact on women athletes’ physical and psychological health, resulting in serious health consequences.”
The right to enjoy a safe and supportive sport environment is a fundamental right of every female sportsperson. Safeguarding an athlete’s development and pushing for achievement are two sides of the performance coin. Performance success is linked to support and nurturing as much as it is to “mental toughness”, the judge added.
It is the government’s constitutional obligation to impart sports education and promote sports culture. It is a paramount duty to identify and nurture suitable talented sportspersons without any discrimination based on caste, community or religion, the judge said.
Besides, the court enhanced the compensation amount of the victim from Rs 50,000 fixed by the trial court to Rs 5 lakh, considering the background of the girl.