Sports Disciplines Extremely Expensive, Govt Should Support Athletes From Disadvantaged Sections: Kerala High Court

The Kerala High Court on Friday called upon the State Government and the Kerala Sports Council (KSC) to provide assistance to a young professional handball player, who had been injured during the Junior Girls National Handball Championship. 

The young handball player, who belonged to a middle class family, and suffere from a ligament tear, had approached the KSC for financial aid, stating her grievance that her future as a handball player would be jeopardized without the same. 

Justice Devan Ramachandran was of the considered opinion that the State authorities ought to provide necessary assistance to the sports professional, since a vibrant society requires not just persons in academic and service pursuits, but also athletes and sportspersons inclucated with a robust sporting culture. 

"...a vibrant society cannot be comprised of merely persons in academic and service pursuits. It requires athletes and sportsmen to be inculcated with robust sporting culture, and this is possible, particularly to those belonging to the disadvantaged society, only if the Government and the community give them full support.
It is well known, deserving of judicial notice by this Court, that participation in most of the disciplines are extremely expensive, since many of the brilliant girls and boys may not be able to do unless they are assured the support of the community, and it is the imperative of times that this be done when the players from our State are faring better than ever before in National and even in International competitions," the Court observed. 

The petitioner herself had submitted that despite several difficulties, her father had managed to give her the best medical assistance possible, which was evidenced by medical certificates indicating that she had previously undergone multiple reconstruction surgeries on her ligament, but that he was now incapacitated from financing her further treatment. She averred that her representation before the KSC seeking financial aid has not brought forth any response. 

Advocate Praveen K.S. appearing on behalf of the petitioner added that the latter's representation before the Minister for Sports, also did not seem to evoke any response, and appeared to have been rejected. 

It was submitted by Advocate Latha Anand on behalf of the KSC that while the Council did not have any objection in considering the petitioner's request, as per the usual course, the Council only provides medical assistance to the players enrolled in the Academy run by them. The counsel thus expressed doubts as to whether the petitioner was also so enrolled in the Academy. 

Government Pleader Sunil Kumar Kuriakose underscored the Government's commitment to sportspersons, and stated that if the petitioner were to approach a competent hospital under their control for this purpose, every assistance would be made available to her, to ensure that she would be able to resume playing the sport in the professional front. 

The Court in this light, directed the KSC to consider the petitioner's representation, and take a decision thereon after affording an opportunity of hearing to the latter, within a period of two weeks. 

The Court also granted liberty to the petitioner to approach the Government Secretary with an appropriate application for medical requirements. It mandated the said Authority to consider such requests submitted by the petitioner, and to make all necessary arrangements under the aegis of the competent hospitals - whether public or private - so as to enable the petitioner to undergo the necessary medical procedures. 

It further directed the Secretary to provide all possible continuous support to the petitioner until she recovered from her present predicament. 

"Our athletes are still the finest in the country. We need to give them good support so that they can shine at the international level," the Court orally added, while disposing the plea. 

Citation: 2023 LiveLaw (Ker) 626

Case Title: Prajila M. v. State of Kerala & Ors. 

Case Number: W.P.(C) No. 35952 OF 2023