Cash reward to para-swimmer: Karnataka HC slaps Rs 2L cost on sports dept

Bengaluru: The Karnataka high court has imposed exemplary cost upon the officers from the Department of Youth Empowerment and Sports for not disbursing cash award to KS Vishwas, a decorated international para-swimming champion from Bengaluru.

The court ordered the release of remaining Rs 1,26,000 cash reward amount and an additional Rs two lakh as litigation cost, to be borne personally by the concerned officials of the Department.

“When a man without arms dives into pools and emerges not just victorious but triumphant on the international stage, the state is expected to salute that spirit, not stifle his rights by red-tapism,” Justice M Nagaprasanna observed in his order.

The petitioner KS Vishwas, 36, had represented the nation in several international championships during 2016-2018 and secured two silver and two bronze medals. Thus, he is entitled to a cash reward of Rs six lakh as per the November 30, 2013 Government Order, which earmarked cash rewards to sports persons with disabilities. Despite submitting applications in the prescribed form flowed by representations, no action was taken. O Ashwini, counsel for the petitioner, submitted that it is the responsibility of the state government to ensure that persons with disabilities should enjoy the right of equality, dignity, and respect equal with others as enunciated in the Rights of Persons with Disabilities Act, 2016.

On the other hand, the government advocate contended that the petitioner is only entitled to Rs 4,64,000, which was paid to him during the subsistence of the petition. It was also contended that the association through which the petitioner was representing was disqualified and suspended between April 2015 and June 2016.

The court noted that such submissions would only do little to mask the injustice. “The Association suspension or its subsequent revocation cannot deprive a deserving athlete his rightful reward. The cash prize is awarded not because of sportsperson being from any Association; it is the said sportsperson’s effort during the sporting event that they would win a medal for the Nation or for the State, as the case would be, which would entitle them to get such cash rewards,” the court said adding that the focus must not be on bureaucratic technicalities, but on the living human spirit that triumphed against colossal odds.

Justice Nagaprsanna said, “All sports are equal; the sportspersons of all sports are also equal; the effort they put is equal, it is unfortunate that State pampers only a few sports and leaves the other sportsmen in the lurch, as they have left the one, in the case at hand. Therefore, the concerned Officers from the department of Youth Empowerment and Sports must be held personally accountable.”