Thiruvananthapuram: The Kerala State Human Rights Commission has ruled that an Iranian student of the University of Kerala has the legal right to use the swimming pool at the Karyavattom campus and directed authorities to ensure she is granted access without obstruction. Commission Chairperson Justice Alexander Thomas issued the order while disposing of a petition filed by Sareh Moosavi, an Iranian citizen married to an Indian and settled in Thiruvananthapuram.

A student at the university and an international athlete in swimming (free diving), she alleged that on April 19, 2024, she and her friends were racially abused by a swimming pool assistant at the university Greenfield Stadium, who reportedly said only Indian citizens were allowed to use the facility.

Following her complaint, Kazhakkoottam police registered a case under section 509 (penalises acts, words, gestures, or exhibition of objects intended to insult the modesty of a woman or intrude on her privacy) of the IPC against the accused. However, the petitioner alleged that the investigation was not conducted properly.

The Commission noted that despite directions, the Station House Officer (SHO) and the Assistant Commissioner of Police (ACP), Kazhakkoottam, failed to submit reports or appear before it, terming this a serious dereliction of duty. It directed the District Police Chief to seek explanations from the officials and take action as per law.

Based on a report submitted by the Sports and Youth Affairs Department, the Commission found that the swimming pool is part of the Greenfield Stadium set up under a public-private partnership model. The facility is managed through a Special Purpose Vehicle involving the National Games Secretariat, Kerala University, and Karyavattom Sports Facilities Ltd (KSFL).

The department informed the Commission that there are no rules prohibiting foreign nationals from using the swimming pool. The Commission held that, as a university student and an international swimmer, the petitioner has the right to access the facility. It directed Moosavi to submit a written request to the Director of Sports and Youth Affairs and KSFL, along with a certificate from the university confirming her student status. Upon receiving the request, the authorities have been instructed to grant her permission to use the pool within normal timings.

The Commission also ordered that the accused in the case should not be allowed to interfere with the petitioner’s use of the facility. Any violation of this direction would be viewed seriously. Regarding the criminal case, the Commission noted that the police have completed the investigation and filed a chargesheet before the Judicial First Class Magistrate Court, Attingal, where it is pending.

The petitioner, however, alleged that the probe was biased and that additional charges under sections 354 (assault or criminal force against a woman with the intent to outrage her modesty) and 153A (punishes promoting enmity, hatred, or disharmony between different groups based on religion, race, place of birth, residence, language, caste, or community) of the IPC should have been included.

The Commission said she could approach the District Police Chief, Thiruvananthapuram, who will examine the case records through a senior officer and decide on further investigation if required. With these directions, the Commission disposed of the petition and forwarded copies of the order to the concerned authorities.