In a decision dated March 12, 2025, the Delhi High Court urged the Ministry of Youth Affairs and Sports to ensure the maintenance of parity in the participation of male and female athletes in sporting events organised by the National Sports Federations (NSFs).[1]
The present petition challenged the February 2025 notification issued by the Badminton Association of India (BAI), which notified the selection criteria for participation in Para-Badminton events at the 2nd Khelo India Para Games, 2025.
The petitioner raised two principal grievances:
- Reduced slots to female para–athletes: The impugned notification was alleged to arbitrarily limit the participation of female para-athletes to only 8 slots per event while allowing 16 slots per event for male para-athletes. This disparity was argued to be discriminatory and contrary to the National Sports Development Code of India, 2011 (Sports Code).
- Disproportionate emphasis on international rankings: The petitioner contended that the selection criteria allocated 75% of the available slots based on Badminton World Federation (BWF) rankings. It was submitted that this unduly favoured established international players, undermining the objectives of the Khelo India Scheme, which is designed to support and develop emerging national-level talent.
The Court observed that the principle of gender parity in sports is rooted both in constitutional mandates and in the Sports Code. It also referred to the Madras High Court’s ruling in M. Sameeha Barvin v. Government of India[2], where the Court gave directions for streamlining the policy qua women athletes with disabilities to enable them to participate in all events at the state, national and international levels, to prevent unfair discrimination, provide adequate financial assistance, etc.
Rejecting BAI’s justification that the reduced number of slots for female para-athletes was due to a smaller pool of performing international athletes, the Court observed that there was no impediment to expanding female participation by drawing from a broader talent pool, by including athletes who had competed in the National Para-Badminton Championship, 2024 and the Khelo India Para Games, 2023. This, the Court noted, would also help address the concern that disproportionate weightage has been given to participation in international events.
BAI subsequently submitted that, for the upcoming 2nd Khelo India Para Games, 2025, it would make efforts to increase the participation of female para-athletes by allocating additional slots, drawing from performances in the aforementioned domestic events. The Court formally recorded this assurance.
Considering that the event was imminent, the Court refrained from issuing binding directions at this stage. However, it issued a broader directive to the Ministry of Youth Affairs and Sports, urging it to ensure:
- Gender parity in participation across all events organised by NSFs; and
- Inclusive selection criteria provide opportunities not only to athletes who have participated in international events but also to those who have demonstrated merit at the national and local levels, including the Khelo India Games.
[1] Rahul Kumar Verma v. Badminton Association of India & Ors.[WP(C) 3205/2025]
[2] 2021 SCC OnLine Mad 6456