The Karnataka High Court on Monday imposed a fine of Rs 2 lakh on the state government officials from the Sports and Youth Empowerment Department for denying the cash rewards to an international Indian para-swimmer. “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,” the High Court observed.
“All sports are equal; the sportspersons of all sports are also equal; the effort they put in is equal. It is unfortunate that the State pampers only a few sports and leaves the other sportsmen in the lurch,” the HC said while directing the state government to release over Rs 1 lakh to the para-swimmer.
Who is para-swimmer KS Vishwas?
The petitioner, para-athlete KS Vishwas (36), represented India in various international championships between 2016 and 2018, earning two silver and two bronze medals. His sporting achievements entitled him to a cash award of Rs 6 lakhs, as per the Government Order of November 30, 2013, which announced rewards for sports persons with disabilities.
He received Rs 4.74 lakh of the Rs 6 lakh cash award after approaching the High Court in 2023.
The court directed the state government to release the remaining payment of Rs 1.26 lakh to him. Furthermore, the court ordered an additional payment of Rs 2 lakh as litigation costs to be made to the para athlete by the officials responsible for the delay. If the amount is not paid within two weeks, the petitioner is entitled to the costs of Rs 1,000 for every day’s delay, till it reaches him.
What were the government’s arguments?
The government advocate contended that the petitioner is only entitled to Rs 4,74,000, which had been previously awarded to him. The lawyer further pointed out that the petitioner’s representative association had been disqualified and suspended in June 2016, making his claim illegitimate.
“I deem it appropriate to observe that the focus must not be on bureaucratic technicalities, but on the living human spirit that triumphed against colossal odds. The Government’s duty is not merely administrative; it has to be moral, constitutional and humane”, Justice M Nagaprasanna observed.
“The fine has been imposed as a caution or as a reminder to the officers that justice delayed, especially to those who overcome the gravest of odds, is not only justice denied, but dignity diminished,” Nagaprasanna added.