CAN Infringes on the Rights of Numerous Female Cricket Players and Requires An Instant Fix Does the game have gender or it should only be played by males or are only for males? Does the game prefer to be played by males?Aren’t the women players or does the game have gender? How does the player playing the same game for the same nation be discriminated against on the basis of gender?
These questions very often strike my head because, in a country like ours where women are struggling, the deep-rooted patriarchy once again has lifted down their self-esteem.The Center Committee of CAN(Cricket Association Nepal ) on Feb 24 and 26 of 2024 made a decision that A category women cricket players will get NRs 50000 salary per month which is just half the male cricketer salary in a month . Even the male cricketer categories of B and C have higher salaries that are NRs70,000 and NRs55,000 respectively. Coming to the 21st century, the investment on women is still a question .
Moreover, there are 19 players in the women’s national cricket team .Where 3 players are in category A ,1 player in category B , 2 players in category C and 5 players in D .The B, C and D category women players get NRs 35000,NRs 30000 and NRs 25000 respectively . Also this time the emerging category is set to encourage cricketers all around Nepal from which 8 women players are selected . Again this category has also faced the discrimination where male cricketers get NRs 25000 as emerging players and female cricketers just NRs 20000.
Not only this , if we look at the match fee category of the women players in cricket again it faces the discrimination on that behalf. Already there are very few matches held and the huge gap of payment between men and women players makes it more difficult for women . As published in the online portal of emerging cricket in 2021 it mentions that CAN doubles the match fee of mens cricketers while the women remain the same .For the international matches like ODI men cricketers get NRs 10000 whereas women just get the half that is NRs 5000 . Also the fee for men in T20 is NRs 5000 and women is NRs 3000. In the domestic matches , men cricketers get NRs 2500 for fifty overs while women get NRs 2000 and in T20s men cricketers get NRs 2000 while women get NRs 1500 .
As per latest news of cricketer salaries in sportewave does not mention women match fee whereas it is said as before .Women’s cricketers not only on the centrally contracted basis but are discriminated even in match fees. This is a clear violation of the right to equality and equal remuneration for the same nature of work by CAN .
Certainly , the discrimination is only shown by the CAN in sport because the All Nepal Football Association(ANFA) has been providing the women footballers equal salary as to men from January 2021. Both the men and women football players get NRs 18000.This decision has attracted more women to play football and ends the long way discrimination on sport .On the other hand, the Volleyball association of nepal has started giving the salary to man and women national volleyball players equally that is Rs 5000 per month which has ensured the equality among the players .
Looking over legal frameworks, The Constitution of Nepal, 2015 is believed to be the most inclusive and progressive but it failed in its notion. It has guaranteed the right to equality and 18(4) of the article mentions that no discrimination shall be made on the grounds of gender about remuneration .
Whereas in Article 39 of the constitution, the rights of women are considered as fundamental rights. In directive principles, it states that the political objective of the state shall be to establish a public welfare system of governance by establishing a just system in all aspects of national life through the rule of law, values, and norms of fundamental rights and human rights, gender equality.
Here arises another question whether the player falls under the category of labor or not. Many European nations have included players as full-time employees. Since the Labour Act of Nepal 2074 doesn’t mention players or have any provision related to them . But section (6), makes the provision that female labor should not be subjected to any kind of discrimination on the grounds of sex. Also, section (7), clearly states the prohibition on discrimination in remuneration for equal work . Whether the work is of equal value or not shall be determined based on the nature of the work, the time required for its performance, labor, skill, and productivity.
Sport Act 2048 was enacted by repealing the National Sports Act, 2021, and was amended in 2053, 2063, and 2066 respectively but it doesn’t have any provision relating to the salary or fee of the players.
Nepal being a member of the United Nations bears the responsibility to work under the legal frameworks set by the organization. Nepal Treaty Act, 2047 provided the space for international treaties to be implemented as well as national laws.
The UDHR(Universal Declaration Of Human Rights) makes the provision that everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of sex.
Also, it mentions that everyone has the right to equal pay for equal work without discrimination.
ICCPR(International Convention on Civil and Political Rights) says that no harm should be done to the fundamental rights recognized by the state. Everyone has equal rights before the law and should be protected equally. The law should guarantee equal and effective protection against discrimination on the grounds of sex.
ICESCR(International Convention on Economic, Social and Cultural Rights) undertakes the state parties to ensure the equal rights of men and women to the enjoyment of all economic, social, and cultural rights outlined in the present Covenant. Further states fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work.
CEDAW(Convention on All Kinds of Discrimination Against Women) in its preamble mentions that discrimination against women violates the principle of equality and respect for human dignity. The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work.
The (UDPR) Universal Declaration of Player Rights states that every player, without any discrimination, has the right to equal pay for equal work.
Cases decided by the Supreme Court
● Reena Bajracharya vs HMG (NKP 2057 Decision No. 6898 p 376,Special Bench order date 2057-2-26,
There are both men and women in the human race, that is, men are also human beings and women are also human beings, so there can be no doubt that all the rights and rights obtained from human relations should be equally available to men and women.On the contrary, any kind of discrimination between men and women in any country and era is an indicator of uncivilization and underdevelopment.Because the heart of a democratic system is equality. Nepal has signed some human rights related documents(UDHR). The first of those signed documents was the Convention on the Elimination of All Forms of Discrimination against Women on December 18, 1979, which was ratified by Nepal on April 22, 1991. Section 9 of the Treaties Act , 2047, puts such human rights treaties in a higher category than the general law and makes their implementation simpler and faster. From the above considerations, the importance of basic human rights like gender equality is far-reaching and inseparably linked with the whole national human life, so the law and actions under the law should not be allowed even to the smell of gender discrimination, because the issue of gender equality is a matter for all humanity. It is a
matter of common duty and interest of all.
- Sapana Pradhan Malla vs Prime Minister and Council of Minister,NKP,2066 Decision No 8282 p 1089.
Nepal cannot derogate from its treaty obligations after becoming a party to any convention. After becoming a party to the Convention or the Treaty, the provisions of the Convention or the Treaty should be applied literally in Good Faith .As long as women are inferior to men by creating awareness in the society through legal and other awareness, such practices and beliefs are not abolished and criminalized , then the discrimination against women will not end .Women are very sensitive group and need the special protection from the law.
Therefore it is very clear that the CAN has not only violated the national laws outlined in the Constitution but also has neglected the international human rights conventions to which Nepal is a party and is equally enforceable as national laws. CAN is the governing body that should frame the laws following the Constitution but the recent decision of CAN on the salary of men and women cricketers violates the fundamental right of equality. Further, any laws which are inconsistent with the constitution are ipso facto void which means they are unenforceable. So, the CAN decision on unequal contract salaries of men and women cricket players can’t be enforceable.
References of the other nations
INDIA
The Board of Control for Cricket in India (BCCI) recently made a historic decision by announcing equal match fees for centrally contracted male and female cricket players. This move aims to promote gender equality in the nation’s most popular sport, as Indian women’s cricketers will now receive the same amount for each test, ODI, and Twenty20 match as their male counterparts that is 15 lakhs , 6 lakhs and 3 lakhs respectively .
ENGLAND
The match fees for England’s female cricket players will be equal to those of the men. For the sake of equity in cricket, the England and Wales Cricket Board has made this decision.pursuing the global trend following the announcement of comparable actions in 2022 by both India and New Zealand.
International Cricket Council (ICC)
From now on, prize money for women’s teams competing in International Cricket Council events will be equal to that of men’s teams, as decided upon at the annual conference in Durban, South Africa.With the intention of achieving monetary parity, the prize money for women’s competitions has been increased annually since 2017.From now on, the prize money for winning the women’s cricket world cup will be equal to that of winning the men’s cricket world cup. The same goes for T20 world cups and under-19 teams.
A “fundamental overhaul” of the payment system for female cricket players was suggested by the Independent Commission for Equity in cricket.The England and Wales Cricket Board has received recommendations that equal pay should be implemented on a domestic level by 2029 and internationally by 2030.
“Cricket is genuinely a sport for all and this decision from the ICC Board reinforces that and enables us to celebrate and value every single player’s contribution to the game
equally.”
To conclude, CAN should change the recent decision on salaries and make equal payment for match fees.Since ,women’s cricket players rights are violated . It should make equal provision for both male and female players. Female players are getting equal remuneration in other sports like football and volleyball except cricket. The State holds the responsibility of parens patriae and must protect the rights of every citizen including players. There seems to be an urgency in making laws governing the players. Furthermore, the women players should also be protected through the approach of equity rather than equality.
References https://www.theguardian.com/sport/2023/aug/30/england-cricketers-match-fee-parity-after-wome ns-ashes
https://www.theguardian.com/sport/2023/jul/13/a-significant-moment-icc-announces-equal-prize
https://kathmandupost.com/football/2020/12/11/new-year-gift-women-national-football-players-t o-get-same-salary-as-men#:~:text=The%20All%20Nepal%20Football%20Association%20starte d%20paying%20women,was%20increased%20to%20Rs7%2C000%20and%20men%E2%80%9 9s%20to%20Rs15%2C000.
https://thehimalayantimes.com/sports/nva-introduces-salary-to-spikers
https://www.hamrokhelkud.net/national-volleyball-players-to-receive-monthly-salaries-for-the-fi rst-time-in-history/ https://english.onlinekhabar.com/volleyball-players-nepal-salary.html
https://timesofindia.indiatimes.com/sports/cricket/news/explained-indias-women-cricketers-to-re ceive-same-match-fee-as-men/articleshow/95122435.cms https://nkp.gov.np/full_detail/6212 https://nkp.gov.np/full_detail/2108
https://sportewave.com/nepali-cricketers-salaries-in-2024/
Author
Pragati Chhetri, National Law College