As a natural corollary, any sub-legislation or rule that comes within the parent law creating this classification has to be congruent with the original objective of remedying the mischief of physiological differences brought on by biological gender being the biggest determinant of fair competition and results. Thus, the objective of the parent law of inclusion of women as a separate class in athletic events sought to remedy the mischief of physiological differences between men and women consistently determining the results of athletic events by a large margin. Now, the ‘mischief rule’, if used as a modern method of statutory construction, seeks to find the particular mischief that a particular law aspires to remedy and holds it sacred. Such laws seek to iron out the field to ensure ‘fair’ competition and are a departure from the notion of liberty, albeit with a predetermined purpose.
the world record timing for the same event in the women’s division in the Olympics.īy liberal interpretation, the purpose of all laws which create a specific class of people to which particular rights apply, fall under the ambit of what is considered an extension of affirmative action. Early observations, based on which such a conclusion was arrived at, were as straightforward as a direct comparison of the average of men’s qualifier timings for collegiate events vs. This particular assertion was backed by statistics, comparing athletic performances of men and women in the same events, which showed radical differentials, which were even more pronounced in athletics while being less relevant in two other events viz.
It was perceived that making men and women compete in the same category would inevitably lead to a further decrease in the participation and development of women in athletics. These laws, while creating a separate class for women, made sure to spell out the legislative intent as being one of affirmative classification. A brief review of women’s sports, right from the second Olympic Games in 1900 to the historic Title IX act in the USA shows the legislative framework making a conscious effort, to establish a distinct class (an intelligible differentia in Indian constitutional parlance), to ensure increased participation and development of women in sports.
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