'All Sports Are Equal': Karnataka High Court Slams State For Withholding Para-Swimmer's Cash Award, Imposes ₹2Lakh Cost On Officials

"All sports are equal; the sportspersons of all sports are also equal; the effort they put is equal, it is unfortunate that the State pampers only a few sports and leaves the other sportsmen in the lurch," said the Karnataka High Court while directing the State to release over Rs 1 Lakh to a para-swimmer who was denied cash awards. Justice M Nagaprasanna in his order passed on Monday (July 21) allowed a petition filed by Para athletics swimmer, Vishwas K S–who lost both his arms at a tender age–who had approached the court after his several representations to secure cash incentive from the state were not acted upon. The court directed the State government to release payment of Rs 1,26,000, due to him under a Government Order of 2013, for representing India in several prestigious national and international championships and securing several medals. The high court further imposed a cost of Rs 2 lakhs to be personally paid by the officials of the State's Department of Youth Empowerment and Sports, holding that they were "responsible for denying the petitioner his due".“Writ Petition is allowed with costs of ₹2,00,000/- payable towards litigation expenses to the petitioner...The said sum shall not be drawn from the public exchequer,” it said. Pulling up the officials of the department of Youth Empowerment and Sports and holding them personally accountable the high court emphasized:"The petitioner, with no arms, being victorious as observed hereinabove, was left to fend for himself for close to a decade with only a partial payment made, that too after the notice being issued in the subject petition. It is nothing but a sad reflection on the functioning of the State's machinery. Such callous indifference, particularly towards a person with disability, calls for not just a correction, but censure. A State that prides itself on promoting sports and inclusivity, cannot behave as a litigant, driven by obstinacy and pettiness. It must be a model litigant – fair, responsive and just...Therefore, the concerned Officers from the department of Youth Empowerment and Sports must be held personally accountable". It further remarked that for driving a disabled person to bear the brunt of litigation, the officers of the State must be "mulcted with payment of exemplary costs". "The cost should not be paid from the funds of the State, but from the pocket of the officers who have interpreted the Government Orders in their own way, only to deny full benefits to the petitioner. The officers, I mean, the officers from the Department of Youth Empowerment and Sports, who have denied the benefits to the petitioner all along,” it remarked. It further said that the costs are to be imposed to serve as a reminder to the officers of the State, that justice delayed, especially to those who "overcome the gravest of odds" like the petitioner–is not only "justice denied, but dignity diminished”. BackgroundAs per a Government Order on 30-11-2013 the petitioner was entitled to grant of cash incentives for winning medals at international Para swimming championships. The Government Order of 2013, indicates that all persons with disability participating in international Para swimming championships should be granted a cash award, as stipulated in the Government Order. However, the state did not release any amount even after the petitioner made several representations.. The petitioner's counsel argued that his entitlement is pushed under the carpet, notwithstanding the fact that the petitioner has participated in the international events. Referring to the Rights of Persons with Disabilities Act, 2016 it was said that the Government should ensure that persons with disabilities should enjoy the right of equality, dignity and respect equal with others. It was argued that "inhumane treatment" was meted out to the petitioner, in not awarding a cash prize that he is entitled to. However, the state government contended that the petitioner was entitled to Rs. 4,64,000 which had been paid and he was not entitled to Rs 6 Lakh as claimed. It was argued that that the Association through which he was representing was itself disqualified and suspended between April, 7 2015 and June 2016. Thus the petitioner had been granted beyond what he is entitled to and no fault can be found at the hands of the State. Findings On going through the Government Order of 2013, the bench observed that the state government had issued the GO to incentivize and honour triumphs over adversity by earmarking substantial cash rewards to sports persons with disabilities who secure medals in international championships. It said that under this order, the petitioner having secured 2 silver medals and 2 bronze medals in international events, became eligible for receipt of the cash award, totalling to Rs.6,00,000. "However, despite having submitted the necessary application and supporting ...

'All Sports Are Equal': Karnataka High Court Slams State For Withholding Para-Swimmer's Cash Award, Imposes ₹2Lakh Cost On Officials

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