Supreme Court judgement must inspire collective will against age manipulation in sport
A Supreme Court Division Bench, comprising Justice Sudhanshu Dhulia and Aravind Kumar, on Monday set aside an order passed by the High Court of Karnataka on February 19 last. It also quashed the FIR registered by High Groups Police Station, Bengaluru and all further proceedings against badminton star Lakshya Sen and his family.
The judgement is a cause for celebrations for Lakshya Sen, his elder brother Chirag Sen, their parents DK Sen and Nirmala Sen as well as coach Vimal Kumar who had appealed against the High Court order allowing the Bengaluru Police to continue its investigations. However, those committed to rooting out age manipulation from Indian sport will consider this a setback.
The Court ruled that the allegations had been investigated by competent authorities who had found no material to proceed further. It relied on a Central Vigilance Commission observation in a February 6, 2018, letter to the Sports Authority of India (SAI) that Birth Certificate and 10th Class Certificate are final (proof of age).
It transpires that while SAI initially held that the late registration of birth and forging school records were punishable offences, it eventually went by the recommendation of the Central Vigilance Commission that Birth Certificate and 10th Class Certificate are final proof of age to close. SAI this closed its internal inquiry against coach DK Sen, Chirag and Lakshya’s father.
SAI chose to overlook medical reports that it had sought and received from a hospital in Bengaluru in June 2016. That report estimated that Lakshya Sen was 17 years of age. The medical team’s considered opinion was based on a general physical examination, dental and radiological examination. It is not clear if that report was challenged or appealed against.
Earlier, in November 2016, Hindustan Times reported that Central Bureau of Investigation had inquired into allegations of manipulation of birth certificates and submitted a preliminary report. It identified parents of four players – Chirag Sen, Laa Talar, Akash Yadav and C Rahul Yadav – as having made false declarations to make their children play in lower age groups.
“The manipulation has been done under false declaration by misusing the provisions of Section 13 of The Registration of Birth and Deaths Act, 1969 to make eligible their children to play in lower age groups and make better performance compared to their peers and as a result get sponsorship/grants, etc from respective State or Central Governments, PSUs and other institutions and consequential benefits,” the CBI report stated.
However, despite its findings, CBI left it to the Badminton Association of India to take appropriate action in the matter rather than proceeding on its own. Had CBI stepped up and initiated action, India’s fight against age-manipulation in sport would have taken a different turn. The CBI report, marked to the Registrar of Births and Deaths, did not lead to any action.
One lesson stemming from Monday’s judgement is that it does not help those fighting against age-fraud to make the players a party to the case, especially if they have represented the country and brought accolades to the country. The Court said it was not inclined to let athletes face criminal trial in the absence of prima facie material (that they were responsible).
While the athletes were protected, those involved in the manipulation of birth certificates were not brought to book. Under the Registration of Births and Deaths Act, only certificates issued within a year of birth are tenable. For birth certificates of children more than a year after birth, an order from a magistrate becomes necessary before they are issued.
It is impossible for sports organisations to verify if birth certificates issued by registrars of births and deaths have been issued after following due process, but when an allegation has been made that the rules have been flouted, there must be a fair and impartial inquiry by the Ministry. Of course, the Ministry of Youth Affairs and Sports should build in a stiff fine to prevent frivolous allegations.
The other important lesson is for the sports community, not excluding the Ministry, is that it must find an acceptable way to establish the athlete’s age. In a bid to upgrade the National Code Against Age Fraud in Sports, in operation since April 1, 2010, the Ministry of Youth Affairs and Sports shared a fresh Draft Code in March this year.
It takes into account medical advancements, including AI-based technologies, to enhance accuracy and efficiency and to align with the best practices and evolving challenges. The Draft also provides for an FIR to be registered under the provisions of the Bharatiya Nyaya Sanhita 2023 and other legal provisions to be invoked against an athlete who is a repeat offender.
While it proposes action against coaches and National Sports Federations, it remains silent on action against parents. More than anything, the sports community must develop the collective will to act decisively against age manipulation if India is to evolve as a sporting nation. It cannot continue to see athletes excel at the junior level only to fade away in the senior ranks.
