Sexual harassment posts towards devasting impacts on the athletes, their health and performance. These are more directed towards the female athletes. Sports is the place where people could exhibit their talents regardless of their background. Cases are continuously being reported, but the rate of actions, remains to be poor due to the status of person being reported being upper-hands in the society, which themselves had led them to these demonic acts by way of misuse of abusive power vested with them. do. The Sexual harassments can be addressed both legally and ethically with fierce force on the demonic devils. The researcher focused on to find out the reasons why the sexual harassment is a rise in the present decade, the impact of sexual harassment on the athletes, and how it could be carved out. The legal implications in support of the sexual harassment in sports environment are discussed with suggestions being provided to support the already existing provisions the main problem in them bring implementation and monitoring.
Keywords
Sexual Harassment, Abused, coaches, Sports, prevention, discrimination.
Introduction
Sports are considered to be of utmost importance to many countries, which even has the power to develop a country by way of providing recognition to the country and inviting investments to the country. The sport persons are not those who are money motivated, but are passion driven and patriotic at the adjectival notion being put towards. These are not individualistic, but represent the countries over fields. Sports is noy merely physical, but are emotional to some. Sports have been widely accepted to have been driven a positive impact on the health and well-being of those preaching and practicing it.
How high could a mere sport be treated? Should it be treated as a mere sport? The sports have turned to be a forefront for India, and a wide pool of raw talents are being discovered every single day. Talent and the undeniable continual spirit are the fuel for the sports engine. Regardless of the status, it is only their spirit which acknowledges the talented individuals. Considering and recognising the talents, and also to motivate them to reach more, quotas are being provided in education and also in jobs. These haven’t had faced any brutal opposition as other counterpart quotas have faced, as because these are not based on anything by existence, but are pure talents.
Speaking of fairness, it is the place where people could exhibit their talents regardless of their background. Is it exists being completely fair? Behind the glory of the undisputed glitter, there is darker part exhibited mainly in form of sexual harassment. This phenomenon turns out to be an obstacle for the talented people out their striving for to exhibit their talents, not only to represent themselves, but also their country. Sexual Harassment questions the fairness of the sports environment harassing not only the individuals but also the entire sector as a whole. It is of vibrant talk and attention due to number of cases being reported are in a rise. Is the sexual harassment subjected towards women? Absolutely not, as in for the concern for equal pay projects, it is directed towards women because these are the most that are reported or that are most happening.
Surpassing the concerns of racism, discrimination, black-view and unfair opportunities, the country is now in a place, to welcome more women towards sports participation, who are coming towards as talented. The epidemic of Sexual harassment gets them back to the age-old phenomenon of locking them behind the doors in fear of what would happen to them in their environment. Sexual harassment is where “any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating. Or offensive environment”.
Sexual harassment allegations were at the rise in the past year and after a series of continuous protests opposing it by co-sports persons, a committee has been implemented to just address and enquire over the issue. Studies have indicated that 40% to 50% of the athletes have experienced abuse from mild harassments to severe abuse.
A data derived from the year of 2020, made reported by The Indian Express showed that, in a span of 10 years, 45 complaints have been filed in preview of sexual harassment out of which 29 were filed against the coaches. It could even be higher, as many cases go unreported die to the fear of being subjected to loss of family reputation, and the mount-bound fear of losing their passionate sport, of course many have lost it already, due to these spirit-killing demons. Cases are continuously being reported, but the rate of actions, remains to be poor due to the status of person being reported being upper-hands in the society, which themselves had led them to these demonic acts by way of misuse of abusive power vested with them.
The implications to support these kinds of harassments need to addressed in order not to make them extinguished, as doing one is a process of smaller stones. But the purpose serves to supplement and give hands to those who are unaware of what could they possibly do. The Sexual harassments can be addressed both legally and ethically with fierce force on the demonic devils.
Research Methodology
The research is a descriptive study deriving support from the secondary sources of data, such the Journals, Articles, Blogs published online and Websites. News articles have been used to support the statistical information being presented by the researchers. Journal Article based upon other countries have also been referred in order to lay down a strong foundation up for the materials. The information needs to be comparative in order not to be one-sided. Extensive Articles and authorised websites of the sports organizations are referred in order for not to have compromise with authenticity in materials being referred. Though being doctrinal, the information had been presented after due analysis has been made to the gathered information.
Review of Literature
The authors have expressed their views in relation to the concern towards employers and administrators in the educational institutions and workplace. The article focused upon the legal framework with regards to sexual harassment in view of The United States of America. It focussed on the athletic department that has been operating in the sports environment, and the acts of the administrators and managers in the field. They had projected that the lack of research numbers pertaining to the problem, under-estimates the extent of the problem and this increases the inconsistent research pattens and response patterns in this matter of concern. They described the sector to be male dominated, that is why the prevalence of sexual harassment has been under represented. Being male representative, gives the access to organizational and social power to them, which could be the used as a source of sexual harassment. The socialization process often leads to sexual harassment. Female athletes refrain from making complaints due to their bond with the coaches, and few cases they put down their individual discrepancies down to team interest keeping sexual harassment as secondary concern. The adequacy of the legal enforcement towards the sexual harassment formed the crust of the Article.
The authors spoke up for the “destroyed relationship to the coach”, as and how the sexual harassment shifted form that of workplace to sports environment. The phenomenon had its rise during the 1980s. The researcher’s article was projected towards collecting data from the real time sports elites, which made them summarize their work and find solutions to their objectives. Their qualitative studies made a more authentic data, regarding the prevalence of the data. They have found that the act of sexual harassment in a case has forced a sportsperson to give their sport and chose other sport which was not that elite as to that previous sport. The impact of sexual harassment was reported to be negative on them and impairing their relationship with other men. Some may range from headaches, lower self-esteem, lower confidence, fear towards society, anxiety, depression, feelings of humiliation, and other physical as well as mental displeasures. They summarized it as “more negative view of men in general. Many had not let out their displeasure to anyone whether it could be their parents, friends etc.,
The authors reported of them collecting data and uncovering the inbound relation between sexual harassment and assault. In an attempt to establish the hypermasculinity, Sports are being accused as the grounds for why it leads to sexual harassment. Few had entirely considered this to be the breeding grounds for such acts having negative impact on the athletes enduring to pursue through the way. The sexual violence had led to an illuminated effects and painful reality in both children and adolescent athletes. The attention could also turn out to be contagious of killing out the passion and desire in cases, and their social life in situations.
The authors have paved a clear-cut way towards the events invoking the sexual harassment, and not a brushing over the incidents. It widely covers about the little information about the sexual exploitation process. The authors have concerned over the issues in reporting the sexual harassments as many of such are not evidential, as the saying, nothing is identified true, if held un-evidential. The coaches are often the pioneers in sexual abuse as due they are the one who own the stage in the drama. They conquer the rewarding power, charismatic power, compelling power and expertise which would forbid the abused from making any further steps, as that would destroy their performance. So, the trauma is locked within themselves pushing them to mental and physical agony in way giving up their performance. The paper focused on both physical as well as psychological consequences of sexual harassment. This is a problem of social sensitivity, and the families should also be made aware over such incidents and take care of their beloved. The long time taken to report the abuse need to taken care as this neglect serves as the main problem in causing increase to the psychological conditions.
The author has adopted blazing view and reported concerns over the gender inequities, sexual harassment being arisen from and due to power discrepancies. They emphasized power dynamics as the yardstick for harassment. The emphasis on masculinity and violent culture is the source of such incidents. The study focused on to provide solutions on to the problems that would arise in to future sports enthusiasts. The study being non-doctrinal perceived data from observational data. The concluded data were towards providing education and training regarding sexual harassment which could either be classroom training or out of classroom training. The responsibility towards reporting their displeasures and discrepancies were very hard-bound important to peep out the psychological problems as their root. The problem would be the participants reporting out freely as ever other processes would proceed themselves to a certain extent.
Sexual Harassment has all time been high, the implications to sort out the problems need to be addressed as everything unaddressed, turns out to be a huge un-diffusible thing.
Reasons for Sexual Harassment in Sports:
Huge number of harassment complaints had been reported against the coaches, recent instances may direct towards, a cyclist who made complaint against her coach for sexual harassment stating that the coach forced himself into her room, and offered her to sleep with him as otherwise she would not have a career in sports. Committee has been made to investigate the issues, but this would create a fearful atmosphere which would be intimidating to the abused. No sport has been an exemption to sexual harassment, it could be cricket, cycling, boxing, swimming, wrestling, athletics etc., in the pretext of the cases that have been reported over time. But the authorities and committees has been passive, and in most cases no action to find the root-cause for has been made on the cases that have been reported.
Speaking of the reasons for sexual harassment, the coaches being the powerful hand is the main cause. The mentor’s expertise is the prime needed for the sportsperson to pursue on with their career as in serves as an institutional authority. This hinders the sportsperson from complaining about their issues. Delay in the investigation often leaves the guilty accused without any punishments, and in a case before a coach who was accused of kissing a group of girls at a training centre, due to investigation delay, the time he was found guilty, he has already retired.
The women focused are often those are not with any strong backgrounds, that is they hail from humble background with no power or political support. The victim will be fixed first who would serve their purpose. As stated, the main concern is to check whether they would be vulnerable to take no action against them, the then they would build trust with the selected person, and subjecting them to isolation, and finally initiating sexual abuse. The cultural background of the sexual violence and harassment leads to power imbalance which in turn leads to sexual harassment.
Impact on Person affected by Sexual Abuse and Harassment:
The sexual harassment prevents the athletes’ development towards their talent and performance path. It affects them both physically, mentally and emotionally. The consequences have been reported to ne hugely negative on the person who had been subjected to abuse. These impacts are long-term and has the effect on the friends, family and their surrounding more than that of the affected themselves. It bothers the professional relationship in the sports environment. When the matter of this regards gets publicized, this prevents the upcoming talents from entering into their passionate pathway. That is, they move out from the sport which leads to loss of potential talent. This created a toxic environment for all the players. Further other may regard with loss of concentration towards the sport, health concerns like insomnia, anxiety, depression, suicidal thoughts, lack of self-confidence, poor performance, lack of trust with others in the society, guiltiness, shame and many more. Ultimately these thoughts would forbid them from pursuing their career in sports.
What could be done?
These problems are in a view of directed towards normalization, but they are not. The communication between the abusers and the abused need to be of some monitoring to avoid the exploitation of the unlimited non-monitoring on the abusers. There should be concerns, such as sharp attention over how a sports coach, or a manager or an administrator speaks with the athletes.
As perceived earlier, the investigation takes time and the abuser are left out with minimum punishment such a lesser cut-off from their salary or a transfer, but nothing of this sort have remained effective. The punishment should become real and not a eye-wash due the abuser being a renowned sports person.
The thought the sports field representing manhood and masculinity, is the matchstick to light the forest fire. This concern needs to be devalued, as many women have now become the representatives of many sports, these notions as sports being attributed towards men and women coming in are a surprise need to be put off and these should be replaced with appreciation, respect and acceptance towards all the athletes irrespective of their gender identities.
There exist implications to prevent these actions by both the support of law and ethics. As every other problem faces, awareness and sensitization regarding the available implications need to be distributed. Along with the sport being supported by its respective knowledge, the sportsperson needs to be supported by education and training in all aspects pertaining to their sport and not just towards their exhibition of their sport.
As said, the legal implications which would be listed down, should adhere to strict regulation and reporting procedures. Established of support systems, which would remain unbiased and be understandable, would help the affected persons to a greater extent to report their problems. These support systems need to be trustable. Counselling services, Confidential reporting channels and helpline numbers could address grievances more effectively.
Legal Implications: How does the Law support?
“The right to be protected from sexual harassment and sexual assault is, therefore, guaranteed by the constitution, and one of the pillars on which the very construct of gender justice stands.”
The Constitution of India
The constitution guaranteed the right to equality, under Article 14 to 18, right against discrimination under Article 15 and for the protection of dignity of individuals. The Constitution enables and provides validity to create legislations to protect women and children unveiling its face of protective discrimination. It authorises for the monitoring of such activities by creation of federations, committees and specific legislations. The legislations created this way to address sexual harassment and abuse include, The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013and the Protection of Children from Sexual Offences Act, 2012.
Sports Authority of India
The Sports Authority of India has implemented a wide set of guidelines for prevention and addressing of issues such as sexual abuse and harassment in the sports industry. It requires the sporting organisations to set up internal complaints’ committees within their organisations. It has directed the National Sports Federation of India, that a female coach should always accompany a contingent of female athletes while they represent in any kinds of domestic or any international travel.
National and International Sports Organizations
National level organisations such as the Indian Olympic Association, International level organizations such as the International Olympic Committee and International Cricket Council have drafted a wide set of guidelines assisting in the prevention of gender injustice, gender inequality and gender discrimination. And these have policies to address these matters which are binding on every organisation under its control.
Prevention of Sexual Harassment at Workplace Act, 2013, other subordinative legislations and Codes
The National Sports Development Code, 2011 is a delegated legislation of The Ministry of Youth Affairs and Sports, has been laid down to be binding by the Judiciary, mandates that every organisation should have an Internal Complaints Committee adhering to its guidelines. Section 2(o)(iv) of The Prevention of Sexual Harassment at Workplace Act, 2013 includes sports organizations as workplaces and the provisions of this Act has mandate over these organizations also. This Act laid down the procedures for reporting, making complaints, and for the constitution of the ICC. The Ministry of Women & Child Development launched out Sexual Harassment electronic Box to provide assistance to any person who had been affected and to facilitate the registration of complaint related to sexual harassment. The National Commission for Women also monitors the strict implementation of the PoSH Act guidelines.
Suggestions
- The first thing would be regarding the Internal Complaints Committee, seeking over the statistics, there has been poor constitution of the committee with inappropriate people and many sports federations’ falls short of these complaint committees themselves.
- An elaborated Complaint Council need to developed for assistance in reporting and facilitation of sexual harassment.
- There should be privacy of the complainants need to be maintained.
- The guidelines already available need to be properly regulated and all the athletes need to encouraged of what has happened to them immediately.
- There should be more policies on sexual harassment be framed after proper examination of the problem persistent in the field of dispute.
- Medical and psychological counselling need to be provided to those affected athletes and they should be retrieved back to their respective conditions and should be made to report back to the sports in which they were passionate about.
- The punishment to the abusers should be stringent and should not just be an eye-wash.
- The action should not just rest with investigation councils, the investigation pace needs to be paced fast and justice delivery need to time appropriate.
Conclusion
Athlete’s well-being is crucial, both their mental and physical well-being and the instances of these kinds of sexual harassment and abuse can have a devasting impact on the individuals as well on the society. These have the worst impact on the abused, on their heath and performance. Inspirations could be taken from the implementation strategies of developed countries such as The United States of America, and Canada, where problems of such sort are solved out by help of international organisations and collaborations with other private support system can combat these problems to a certain extent.
NAME: MAGIZHINI MCOLLEGE: The Tamilnadu Dr. Ambedkar Law University, School of Excellence in Law.