The Fair Play Conundrum: Balancing Equity and Inclusivity

Paper Details 

Paper Code: RP-VBCL-17-2025

Category: Research Paper

Date of Publication: April 20, 2025

Citation: Ms. A Runcie Mathew & Mr. Arunbaby Stephen, “The Fair Play Conundrum: Balancing Equity and Inclusivity", 2, AIJVBCL, 245, 245-259 (2025).

Author Details: Ms. A Runcie Mathew, Research Scholar of The National University of Advanced Legal Studies, Cochin, Kerala.

Mr. Arunbaby Stephen, Research Scholar of The National University of Advanced Legal Studies, Cochin, Kerala.

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ABSTRACT

Sports was a two-gendered event for centuries. The last century witnessed the entry and success of women not just in sports but in other areas like arts, science, and politics. But despite the advancement and success of women who were traditionally a marginalized group, the social ostracisation of LGBTQIA+ people still persists in the field of sports.Even though the sexual identity of the participant has an important influence on the fitness, physical capability, and performance of the athlete, the World Athletics Council has adopted regulations discriminating against athletes based on unscientific criteria. The current regulations of the World Athletics Council targeting intersex and transgender athletes have been facing immense criticism due to their inherent disproportionality and unfairness, and because of these regulations, athletes belonging to these categories face huge challenges with regard to their participation rights in sports. Several countries have already passed national legislation in tune with the regulations, forcing an end to many professional careers. Theseare valid concerns put forward by competent athletes deprived of their right to contest, and the global athletic regime has yet to address these apprehensions.The Transgender Persons (Protection of Rights) Act, 2019, has certain provisions for ensuring the sporting rights of transgender people. But proper enforcement of it is a policy matter.

Keywords: Transgender, Disorders of Sex Development, World Athletics, Human Rights.

INTRODUCTION

In the early days, sports were considered to be asingle-genderevent. Only men were allowed to perform and exhibit their skills. Remember, the first modern Olympics only had male participation. Women’s participation in the Olympics happened only with the birth of the 20th century (1900).[1]Since then, heteronormativity has been the standard of sports, from international platforms to school sports. Participation of transgender athletes or intersex athletes has been a reason for outrage, criticism, and boycotts for several decades.  "Transgender" is commonly defined as anyone whose gender identity does not match the sex they were assigned at birth.[2] “Intersex,” on the other hand, is a term that is used to denote individuals who cannot be classified into the norms of male or female bodies due to their reproductive or sex characteristics.[3]They might havedifferences in their sex characteristics when compared to the typical sex binaries, like differences in chromosome patterns, hormonal patterns, reproductive organs, or sexual anatomy.[4]Intersex is a broad term that includes much diversity; while some members identify as men or women, others might not identify as either. This means that intersex people can have any gender identity and sexual orientation, just like other non-intersex people[5]. In India, the definition of transgender under the Transgender Persons (Protection of Rights) Act, 2019 includes intersex people also.[6]These marginalized groups have been fighting against gender-based violence and discrimination to have full and equal access to sports for a long time without much success, and the indifference towards their cause is evident in the World Athletics Council regulations, which have been framed without taking into account its implications on dignity, privacy and bodily integrity of athletes.

Since the 1960s, competitions at the international level have implemented sex analysis.[7]  The practise of visual examination of the naked participant, by a panel of doctors superseded the earlier practise of feminity certificate.[8] The sex verification test known as Barr Body test[9] which bannedEwahe Klobukowskain 1960s was later stopped by International Olympic Committee.[10]Klobukowska was found to have a rare condition called XX/XY mosaicism[11] which didn’t provide her any sporting advantage.[12]. 

The Olympic Charter is known for declaring sex as a prohibitory ground for discrimination, among many other grounds, instead of declaring ‘gender’ as a ground.[13] The International Olympic Committee (IOC) guidelines, titled ‘Framework on Fairness, Inclusion, and Non-discrimination based on gender identity and sex variations,’ aim to offer a 10-principle approach to sports governing bodies across the world to frame respective rules for each sport. The principles mentioned include 1) inclusion, 2) prevention of harm, 3) non-discrimination, 4) fairness, 5) no-presumption of advantage, 6) evidence-based, 7) primacy of health, 8) stakeholder-centered, 9) privacy, and 10) periodic review.[14]

The most striking principles of the framework are the ‘’no presumption of advantage” and the “evidence-based” principles, which direct us to the conclusion that transgender female athletes cannot be excluded from participation without conclusive evidence of an undue advantage of their physical conditions.

There is a criticism that existing regulation of different sporting bodies having different rules is due to the lack of conclusive scientific evidences favouring transgender and DSD athletes exclusions[15]. For example, the World Aquatics policy called FINA policy says that apart from the testosterone tests usually done by other bodies, chromosome test is also a requirement.[16]They say that, for a transgender female athlete to participate, the individual has to suppress the male puberty and has to maintain a testosterone level below 2.5 nmol/L before the age of 12.[17] This random selection of age 12 is made without any scientific reasoning.[18]

HUMAN RIGHTS CONCERNS

The phobia that society maintains against the LGBTQIA+ community is the primary reason for the exclusion of members from the visible spectrum of sports. It was only in 1982 that the first Gay Games happened, which introduced an arena for non-heteronormative participation in sports[19]. The major debate on the issue is regarding the transgender female sports persons competing in cisgender women’s events. It is argued that women are not competing with men for the obvious differences between them, which puts men in a more advantageous position. People with intersex characteristics or people who are male-to-female (M2F) transgender people are alleged tohave hormonal and muscular advantages, which give them an undue advantage over their competitors.[20] Especially in the matter of M2F transgender people, it is alleged that if they haveundergone their puberty as a male, then they would be benefitting from better muscular and bone density.[21] This issue of undue advantage, along with the perceived increased risk of physical injury to female participants from such competitors, forms the major source of criticism for the participation of M2F (Male to Female) transgender people in sports events along withother cisgender female contestants. This brings up an issue regarding principle of fairness in the competition. There have been consistent efforts from the part of governing bodies to restrict the participation of transgender athletes in women’s sports.[22] In 2023, the World Athletics Council released its regulations on the eligibility of transgender and DSD (Differences of Sex Development) athletes. It wascategorically held that M2F transgender athletes who have been through male puberty cannot participate in female competitions.[23]Similarly, the regulations also made it clear that female athletes who suffer from DSD cannot compete in the female classification unless they have maintained the concentration of testosterone in their serum below 2.5nmol/L3 for a minimum period of at least 24 months.[24]

However, a brief look into the precedents and human rights charters at the international level would indicate to us that the legal validity of these regulations is questionable.These kinds of regulations deny the right of equal participation to DSD athletes with variations solely based on a deviation in sex characteristics.[25] Athletes, especially those who wouldn’t prefer intervention if it was not for the sport’s authorities requirements, are forced to make a choice between consenting to a medically risky intervention or running the risk of being disqualified from contesting.[26] Such medical interventions may cause psycho-social harm, which violates the right of bodily integrity and brings with it the additional risk of violation of privacy due to the constant monitoring envisaged. Priority has to be always accorded to the health of an individual, and when critical decisions having a profound impact on health are taken on the basis of meeting eligibility criteria, it cannot be termed as a voluntary decision. Athletes are virtually coerced into taking medicines that can have long-term effects on their reproductive capacity and health, which can only be viewed as an affront to their reproductive autonomy. Such arbitrary interference with one’s life and privacy would render the idea of human rights meaningless and violate the core of the idea of individual dignity. In a scientific report made by E-alliance, a research hub for gender+ equity in sports, it was reported that a trans woman athlete whose testosterone levels are suppressed have no proper advantage over the cis gender woman athletes in elite level sports.[27] Unless there is conclusive proof as to the magnitude of the advantage, if any, gained by such athletes, disqualifying them from competing in the female category cannot be described as a fair and equitable decision. But at the same time, there is another argument put forward by the exclusion policy favoring experts, which says that there are certain evidence of advantages.[28]

Article 7 of the International Covenant on Civil and Political Rights[29] and Article 3 of the European Convention on Human Rights[30] guarantees that no person shall be subjected to torture or inhuman or degrading treatment. Similarly, Article 17 of ICCPR[31] and Article 8 of the ECHR[32]guarantee everyone the right to respect one’s private and family life and correspondence. These articles guarantee protection from arbitrary interference against one’s bodily integrity, which is rendered null by the 2023 regulations. Also, these regulations hinder these athletes from practicing their professions, which violates their right to practice any profession guaranteed under Article 6 of the International Covenant on Economic, Social, and Cultural Rights.[33] As they are left with no choice, they will have to either renounce their profession or sacrifice their autonomy, both of which can only be described as a tremendous personal loss and tragedy.  By relying on a speculative assumption that so far has not been proved conclusively, the World Athletics Council has committed an egregious violation of human rights as there exists no objective relation between the concerned biological trait and performance advantage. The absence of conclusive scientific proof makes the regulation disproportionate and unreasonable.  The means employed in these regulations are particularly disproportionate since the regulations require testosterone levels below a minimum, which can only be achieved by way of prolonged medication, resulting in adverse health effects.[34] An individual is asked to commit to medical treatment for the only purpose of altering performance in a sport, which is based only on the assumption that elevated testosterone levels provide an unfair advantage.

There is a contesting argument placed by a 2014 research against higher testosterone-higher performance theory, which says that the definition of women by International Olympic Committee as ‘individuals with low testosterone’ is disputable.[35]The unclear role of testosterone cannot be the sole factor taken into consideration to ensure a level playing field for all female athletes, especially considering the significant impact such a condition can have on athletes not only as professionals but also as human beings. The challenge faced by transgender or intersex athletes in terms of fairness and merit can be understood as a resistance exercised to defend the cis-gender normative behavior.[36]

INCLUSIVITY ATTEMPTS IN INDIA

Kerala is known for conducting the first transgender sports meet in India.[37] In Anamika v State of Kerala and Others, 2022, the Kerala High Court held that the transgender athlete can participate in the category of her choice in the absence of a category for transgender athletes.[38] Here, it has to be noted that the court gave a pre-condition of ‘absence of the transgender category’, even though the participant had undergone a Sex Reassignment Surgery and has undergone a 5-year lone hormone therapy.[39] The court added another condition that the athlete has to abide by the governing sporting bodies' regulations.[40] 

The football match organized by ‘Ya.all’ in Imphal, exclusively for transgender people, is a noted attempt to break the binary hierarchy in sports.[41]A match between a transman team and a transwoman team and the formation of a transmen football team were the successful attempts of this NGO.[42] The exclusion of transgender people from athletics is prevalent not only at the international level but also at local, domestic, and national levels. The attempt of the trans-men football team to register as a third-gender football team with the All-Manipur Football Association getting rejected is an example of this.[43]The exclusion is reflected in the lack of funding for the development of sports among the said group.[44]

INDIAN LAW AND POLICIES FAVOURING TRANSGENDER AND INTERSEX SPORTS

The ideas of prohibition of discrimination against[45] and ensuring rehabilitation and social integration[46] for the transgender individuals through the 2019 Act aims to provide an inclusive sporting environment for transgender people.The section 13 mandates government funded or government recognised educational institutions to ensure inclusive education and inclusive sports opportunities for transgender people.[47]Inclusivity is fostered through these provisions for trans-athletes[48].

The National Education Policy 2020 (NEP) envisages multi-disciplinarity and holistic education as the fundamental principles of education and this aim can be achieved only through the integration of knowledge across all disciplines including sports.[49]The Gender-Inclusion fund for the effective development of marginalized communities like transgender people, envisaged by the same 2020 policy has to be read along with this[50].

ARGUMENTS IN FAVOR OF EXCLUSION

While going through the scientific studies that resulted in findings in favor of the exclusion of transgender female sports individuals fromcompeting with cis-gender peers, we can see the following findings:

1)A male athlete who is slower than other male contestants by 7% is 3-4 % faster than the cis-gender female athletes even after the transition therapy.[51]

2) Even after one year of hormone therapy, there would be a 5% consistency in the muscle mass of transgender women.[52]

3) Some research says about athletic advantage for about 34-36 months after the hormone therapy.[53]

4) The 11% difference in the qualification timings of men and women for the National Collegiate Athletic Association (NCAA) swimming championship shows the obvious differences between male sporting bodies and female sporting bodies.[54]

For example, the advantage claimed by Michael Phelps over Ian Crocker (a male swimmer) was 0.8%, while the advantage claimed by him over Petri Thomas (female gold medalist in the Olympics) was 12.62%.[55]Taking the performance of Lia Thomas, a transgender female swimmer, before and after the transition phase, we can find that, she was not 11% slower than her pre-transition phase, but just 2.6% slower in the 200-yard freestyle.[56]

ARGUMENTS IN FAVOR OF INCLUSION

In endurance-requiring events, or balance-requiring events like gymnastics, the woman's physique has a better advantage over the men’s body due to the lower center of gravity of the female body.[57] This minimizes other physical advantages claimed by a man’s body, making a level playing field for cisgender females and transgender females.

While higher testosterone is alleged to be the reason behind male body characteristics, some researchers say that testosterone is just one element among many other factors influencing sports ability, while the hormone is also found to have some adverse effects on sports performance[58].

While physical-genetical characteristics are pointed out as the differentiating elements between a female body and transgender female body, there are certain arguments that say that the existing bi-gendered categorization of sports events also carries genetic and physical related biases. For example[59]:

Olympian Michael Phelps has some genetic and physical traits that are not claimed by other swimmers of his gender, like ankles that are double-jointed, 15% extra flexibility, shorter legs, and a larger upper body. West African athletes carry the genes that enhance their athletic performances when compared to other national athletes. Athletes from East African countries like Kenya have better performance in long-distance running when compared to short sprinting.

These evidences in favour of inclusion along with the significant lack of evidence as pointed by the International Federation of Sports Medicine[60], it is not possible to conclude that trans women sports person has any advantage over the ci-gender peers.[61]

Gooren and Bunck found dropping in testosterone levels up to sterilization level after one year of hormone therapy[62].Their research found an overlap in muscle mass between trans-females and trans-males in different stages of hormone administration[63]. For example, androgen deprivation of trans-females created muscle mass overlapping with untreated trans-males[64]. This means that trans-females muscle mass overlaps with woman muscle mass during the said period of therapy. However, such an overlapping was found absent between treated transmales’ muscle mass and untreated trans-females’.[65]The study also says that height has an effect on the muscle mass. Moreover, it should be remembered that two males with the same testosterone levels need not have the same muscle mass.

There is an opinion among experts that the larger frame of the body being propelled by lesser muscle mass and lower hemoglobin level could act as a disadvantage for trans-female athletes during the performance.[66]

PRINCIPLE OF EQUITY AND EQUALITY

While complex scientific interpretations are leading to irregular and inconsistent sporting regulations, principles of equity should be considered as the tool for governance to ensure gender equality.[67]The principle of equity implies fairness, which need not only be equal participation rights of transgender people but the evidence-based inclusion of transgender people, giving adequate weightage to the physiological differences or advantages, if any, which a transgender female athlete might be alleged to have. If transgender female athletes have any physical edge due to their sex at birth, it has to be proved conclusively.

Apart from discrimination against transgender athletes, these discriminatory regulations are criticized for injustice towards women gender. For example, the World Athletics DSD regulation is criticized for “exacerbating discrimination against women in sport”.[68]The UN Special Rapporteur on Violence against Women and Girls has criticized the female regulations as  “increased encroachment on female-only spaces in sports.”[69]

RECENT EVENTS IN THE INTERNATIONAL SCENARIO

The newly elected Trump administration in the United States has signed an order saying that there will be only two legally accepted sexes in the country-male and female- and that they cannot be changed.[70] The President has also signed an executive order that prohibits the participation of transgender female athletes in female sports.[71] The main difference between this executive order and the World Athletic( WA) Council’s regulation banning M2F participants is the WA council prevents only those athletes who were male during the time of puberty, while the US order prevents all individuals who were male by birth. The order is applicable to all schools that receive federal funding.[72] The administration claims that such participation of transgender athletes is a violation of Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in schools receiving federal funds.[73] The executive order is challenged by two transgender teenage girls on the grounds of interpretation of the same law that the federal government depends to support the ban- Title IX.[74] They claim that the said executive order is denying them the equal opportunity for education by discriminating them on the ground of gender identity, which is a Title IX violation.

The far-reaching effects of the Trump government’s notion of considering transgender females as males can be seen in the 2028 Los Angeles Olympics.[75] Trump administration hinted that the visas will be denied to trans-woman athletes intending to participate in the Los Angeles Olympics.[76]The IOC is known for its determination to conduct its games without much political interference, but the Trump administration has bestowed the responsibility to review policies permitting transgender female athletes to enter the United States upon the Secretary of State and the Department of Homeland Security[77].

CONCLUSION

Transgender and Intersex athletes are finding themselves in a precarious position after these regulations came into effect. Serious intrusion into the privacy of these athletes is mandated by these regulations without satisfying the prerequisites of necessity and proportionality.  They have a humiliating and debasing effect on the psyche of these athletes, who are looked down upon as second-class beings worthy of no self-respect or dignity. In order to exercise their right to practice any profession, they have to sacrifice their right to bodily integrity and privacy which places them in a position of no-win. A choice made in such circumstances can never be considered as a free and voluntary one as the athletes do not have an alternative of enjoying both the rights freely and simultaneously. Any imposition of forced choices negates the very idea of human rights and marks a regression in the further realisation of fundamental freedoms. Any such extinguishment of rights raises serious questions as to the legitimacy and credibility of the institutions concerned which implies that World Athletics Council has to be more vigilant and accommodating in its steps to ensure and facilitate fair competition in the female category.  Trump administration has come up with a simple solution for all these complex questions involved, which can only be described as discriminatory and ignorant. Trans-youth are one of the most marginalized groups in modern society, and to deprive them of the opportunity of sporting is to deprive them of their identities. Such blanket bans go against the spirit of sports, which relies on inclusiveness and acceptance, and deliberately attempt to undermine the sense of worthiness and belonging these athletes have found through sports. Such forced erasure will undermine our fight for collective progress and deter a generation from embracing who they are.  

The conflict between different research studies directs toward the need for an in-depth, well-funded study into the area in order to have a concrete understanding regarding the advantages, if any, that transgender female athletes have over cis-gender female athletes. Thus the principle of fair play finds a settled position. The sports being a part of education at a lower level and being a career option at an elite level, the lack of clarity regarding the participation opportunity of many sports persons puts a scar on the art of sports. When coming to the suggestions covering inclusivity models in favour of transgender people, there are different possible suggestions made by several experts. One such suggestion is universal admission, where categorization into different genders is carefully cancelled in some events where only the skill matters and gender differences do not create any advantage or disadvantage. Another suggestion made by some scholars is the creation of two categories- female and open categories, where the males and trans-females compete under the open category. This suggestion does not consider the right of trans-females to participate under the category of their own choice.  The research by Gooren and Bunckhints towards the possibility of conducting a competition between hormone-treated females and untreated women at a stage where the muscle mass is overlapping.

* Research Scholar of The National University of Advanced Legal Studies, Cochin, Kerala.

** Research Scholar of The National University of Advanced Legal Studies, Cochin, Kerala.

[1]Ministry of Youth Affairs and Sports, Tracing the Genesis: From Ancient Greek Olympics to Modern Olympic Games – A Look at India’s Olympic Journeyhttps://pib.gov.in/PressReleaseIframePage.aspx?PRID=2036514 accessed [20-03-2025]

[2]United Nations Human Rights Office of the High Commissioner, Transgender People, OHCHR and the Human Rights of LGBTI People https://www.ohchr.org/en/sexual-orientation-and-gender-identity/transgender-people accessed [20-03-2025]

[3]United Nations Human Rights Office of the High Commissioner, Intersex People, OHCHR and the Human Rights of LGBTI Peoplehttps://www.ohchr.org/en/sexual-orientation-and-gender-identity/intersex-people accessed [20-03-2025]

[4]Ibid.

[5]Ibid.

[6]Transgender Persons ( Protection of Rights) Act, 2019,s 2(k).

[7]Kathryn Henne, ‘The “Science” of Fair Play in Sport: Gender and the Politics of Testing’ (2014)(39)(3)Signs: Journal of  Women in Culture and Society, 787

[8]TarunTarun and others, ‘Inclusive Sports in India: Navigating Trans-Athletes’ Rights and Global Standards’The International Sports Law Journalhttps://doi.org/10.1007/s40318-025-00289-waccessed 20 February 2025

[9] Barr body is a densely staining inactivated condensed X chromosome that is present in each somatic cell of most female mammals and is used as a test of genetic femaleness (as in a fetus)(Merriam-Webster Dictionary)https://www.merriam-webster.com/dictionary/Barr%20bodyaccessed 25th February 2025

[10]‘At the Cutting Edge of Technology’(14 December 2023) OLYMPICS https://www.olympics.com/ioc/news/at-the-cutting-edge-of-technology accessed 25th February 2025

[11]DaniellTilles, ‘The Olympic Champion Wrongly Banned for Failing  a Gender Test 60 Years Ago’(12 August 2024) Notes From Poland, https://notesfrompoland.com/2024/08/12/the-olympic-champion-wrongly-banned-for-failing-a-gender-test-60-years-ago/accessed 25th February 2025

[12]Tarun (n 8)

[13]Ibid.

[14] International Olympic Committee, ‘IOC Framework on Fairness, Inclusion and Non-Discrimination on the Basis of Gender Identity and Sex Variations’(November 16, 2021)OLYMPICS https://www.olympics.com/ioc/news/ioc-releases-framework-on-fairness-inclusion-and-non-discrimination-on-the-basis-of-gender-identity-and-sex-variationsaccessed 26th February 2025

[15]Tarunn(8).

[16]FédérationInternationale de Natation, Policy On Eligibility For The Men’s And Women’s Competition Categories(2022).https://resources.fina.org/fina/document/2023/03/27/dbc3381c-91e9-4ea4-a743-84c8b06debef/Policy-on-Eligibility-for-the-Men-s-and-Women-s-Competiition-Categrories-Version-on-2023.03.24.pdf

[17]Ibid.

[18]Tarunn(8).

[19] Alice Linehan, ‘Revisiting the First-Ever Gay Games in San Francisco 1982’(20 December, 2023) GCNhttps://gcn.ie/revisiting-first-gay-games/accessed 26th February 2025

[20] Dan Roan & Katie Falkingham, ‘Transgender Athletes: What do the Scientist Say?’(11 May 2022) BBC Sporthttps://www.bbc.com/sport/61346517accessed 26th February 2025

[21]Ibid.

[22]BA Jones, J Arcelus , WP Bouman, E Haycraft, ‘Sport and Transgender People: A Systematic Review of the Literature Relating to Sport Participation and Competitive Sport Policies’(2017) 47(4) Sports Medicine 701.

[23] World Athletics,Eligibility Regulations For Transgender Athletes (in effect from March 31 2023) reg3B(3.2).

[24] World Athletics,Eligibility Regulations for the Female Classification (Athletes with Differences in Sex Development)(in effect from March 31 2023) reg 3.2.

[25] Hilary Bowman-smart, Julian Savulescu, Michele O Connell, Andrew Sinclair, ‘World Athletics Regulations Unfairly Affect Female Athletes With Differences in Sex Development’ (2020)https://pmc.ncbi.nlm.nih.gov/articles/PMC7616231/pdf/EMS196717.pdfaccessed 27th February 2025

[26]World Athletics, Consultation-Recommendations to the Eligibility Conditions for the Female Category World Athletics (February 2025)

[27] E-Alliance, Transgender Women Athletes and Elite Sport: A Scientific Review(2024)https://cces.ca/sites/default/files/content/docs/2024-01/transgender-women-athletes-and-elitesport-a-scientific-review-en.pdfaccessed March 05 2025

[28]Roan and Falkingham (n 20)

[29]International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171, art 7.

[30]European Convention on Human Rights (adopted 4 November 1950, entered into force 3 September 1953) art 3.

[31]ICCPR (n 29) art 17.

[32]ECHR (n 30) art 8

[33]International Covenant on Economic Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3, art 6.

[34] Blair R. Hamilton and others, ‘Integrating Transwoman and Female Athletes with Differences of Sex Development (DSD) into Elite Competition: The FIMS 2021 Consensus Statement’ (2021) 51 Sports Medicine 1401 https://doi.org/10.1007/s40279-021-01451-8

[35]ML Healy, J Gibney, C Pentecost, MJ Wheeler and PH Sonksen, ‘Endocrine Profiles in 693 Elite Athletes in the Post-Competition Setting’ (2014) 81 Clinical Endocrinology (Oxford) 294 https://doi.org/10.1111/cen.12445

[36]Tarunn(8).

[37]SindhujaParthasarathy, ‘Jumping the Gender Hurdles at India’s First Transgender Sports Meet’(03 June 2017) The Hindu https://www.thehindu.com/society/jumping-the-gender-hurdles/article18712766.ece

[38]Anamika v. State of Kerala and Others [2022]LiveLaw (Ker) 388.

[39]Ibid.

[40]Ibid

[41]Tarun n(8)

[42] Ibid.

[43]Ibid.

[44]Ibid.

[45]Transgender Persons ( Protection of Rights) Act, 2019, s 3.

[46]Transgender Persons ( Protection of Rights) Act, 2019,s 12.

[47]Transgender Persons ( Protection of Rights) Act, 2019, s 13.

[48]Tarun n (8).

[49]National Education Policy 2020.

[50]Tarunn(8).

[51]ValérieThibault and others, ‘Women and Men in Sport Performance:The Gender Gap has not Evolved since 1983’(2010) (9)(2) Journal For Sports Science And Medicine 214https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3761733/

[52]Emma.N. Hilton and Tommy R. Lundberg, ‘Correction to: Transgender Women in the Female Category of Sport: Perspectives on Testosterone Suppression and Performance Advantage’ (2021) 51 Sports Medicine 2235

https://doi.org/10.1007/s40279-021-01480-3

[53]Tarunn(8).

[54]Ibid.

[55]Ibid.

[56]Ibid.

[57]A Ivković, M Franić, I Bojanić and M Pećina, ‘Overuse Injuries in Female Athletes’ (2007) 48(6) Croatian Medical Journal 767 https://doi.org/10.3325/cmj.2007.6.767

[58]Pallavi Prasad, ‘All the Arguments You Need: To Prove It’s Fair for Trans, Intersex Athletes to Compete in Consistence With Their Gender Identity’(The Swaddle, 18 January 2020) https://theswaddle.com/intersex- trans- athletes- womens- sports/

[59]Tarunn(8).

[60] Marcel NadimAburakia, ‘Unfair Advantage or More Inclusion:Trans Athletes in Sports’ (DW24 June 2021) https://www.dw.com/en/unfair- advantage-or-more- inclusion-trans-athletes-in-sports/a-57995840

[61]Tarunn(8).

[62]LJ Gooren and MC Bunck, ‘Transsexuals and Competitive Sports’ (2004) 151(4) European Journal of Endocrinology 425 https://doi.org/10.1530/eje.0.1510425

[63]Ibid.

[64]Ibid.

[65]Ibid.

[66]Raun and Falkinghamn(20).

[67]Tarunn(8).

[68] Michele Krech, ‘Gender Equality in World Athletics: Transnational Norm Development by Private International Organizations’ (2025) 119 (1)American Journal of International Law

[69]Ibid.

[70] Mike Wendling and Kayla Epstein, ‘Trump Makes Two Sexes Official, and Scraps DEI Policies’ (BBC News, 21 January 2025)https://www.bbc.com/news/articles/czx84en1yp4o

[71]‘Trump Signs Executive Order To Bar Transgender Athletes From Girls' And Women's Sports’ (The Hindu, 6 February 2025)https://www.thehindu.com/news/international/trump-signs-executive-order-to-bar-transgender-athletes-from-girls-and-womens-sports/article69185675.ece

[72]Ibid.

[73]Brandon Drenon, ‘NCAA Changes Transgender Athletes Policy After Trump Ban’ (BBC News, 8 February  2025)https://www.bbc.com/news/articles/cvgezz0k3mno

[74] Jessica DiNapoli, ‘Transgender Girls Challenge Trump’s Ban On Them Playing Female Sports’ (Reuters, 12 February 2025)https://www.reuters.com/world/us/transgender-girls-challenge-trumps-ban-them-playing-female-sports-2025-02-12.

[75] Bernd Debussmann Jr, Trump Signs Order Banning Transgender Women From Female Sports’ (BBC News)https://www.bbc.com/news/articles/c20g85k3z35o

[76]TOI World Desk, ‘Donald Trump’s Administration Orders US Visa Bans for Transgender Athletes, Targets 2028 Olympics’ (The Times of India, 27 February 2025)https://timesofindia.indiatimes.com/world/us/donald-trumps-administration-orders-us-visa-bans-for-transgender-athletes-targets-2028-olympics/articleshow/118598395.cms

[77]KarolosGrohmann, ‘Trump Order On Transgender Athletes Clashes With International Norms’(Reuters, 11 February 2025) https://www.reuters.com/sports/olympics/trump-order-transgender-athletes-clashes-with-international-norms-2025-02-07/.

 a