Analyzing Sports Law and the Problems faced by it in India. by - Namrin Shaju & M Niketh Vinod.
Analyzing Sports Law and the Problems
faced by it in India.
Authored by - Namrin Shaju
Co-author - M Niketh Vinod.
Abstract:
Sports have never been a top priority
for policymakers in India. In the Indian social realm, sports have mostly
gained attention as a source of amusement. In the Indian socio-political-legal
sphere, sports and related issues have always taken a back seat. In other
words, even the common man's attitude toward sports in India has usually been
casual and emotional rather than rational. The Indian society's attitude toward
sports has been a major factor in the country's underperformance in the field
of sports on a worldwide scale. The cause for the underperformance is not only
due to a lack of human resources, but also to a problem with India's sports
governance structure. It is a well-known fact that, apart from a few sports,
India has not fared well in the world of sports. To break out of the current
state of immobility, the vacuum in the sphere of sports governance must be
addressed promptly and on a priority basis. The researcher hopes to explore the
current state of sports law in India and provide a future roadmap for sports
governance in this article.
Introduction:
Sports is something which is loved by
people all over India. There is a huge fan following for sports in the country.
If a player is representing India in a sports event, people will watch and
support the player regardless of which sporting event it is. That is how much
sports are loved by Indians. Likewise, there is as much competition in sports
in India. The number of people willing to give their all to compete and get
into the big stage is massive.
To
facilitate all of these, there is a requirement for a proper well-drafted law
in the country. The question is, does India have proper legislation which
controls and maintains all sports-related activities? Is there a requirement
for a law relating to sports in India? Has the government of India done anything
to improve or fix the situation? These are some of the questions which are
discussed in this article.
Current Sports laws in India:
The first step to improving sports
law in India was taken in 1984 when the lawmakers passed a resolution on
National Sports Policy in both the Houses of Parliament in August 1984. The
plan was to evaluate and study the progress and requirements every five years.
According to the study after every five years, changes would be made if needed.
Later, National Sports Policy 2001 was drafted to make the laws more effective
than the earlier ones. The main area of focus in this policy was on
·
agencies
that looked after the promotion and development of sports
·
sports
federations and how they could get government aid for their functioning
·
Steps
to be followed to release grants to the Sports federations by the Government.
Other agencies and associations
include
1.
Sports
law and welfare association of India
2.
Sports
Authority of India
3.
Ministry
of Youth Affairs and Sports
All of this aim to conduct various
sports activities in India and also to better understand and improve the
existing sports laws. The Ministry of Youth Affairs and Sports establishes the
requirements for various National Sports Federations to be recognised and
receive funding to promote sporting events.
Then there is sports broadcasting law
such as The Sports Broadcasting
Signals (Mandatory Sharing with Prasar Bharati) Act 2007. It is for
the broadcasting of sports which has national importance to the people in the
country. The Act prohibits any content right owner or holder television or
radio broadcasting service provider from carrying a live television broadcast
on any cable, direct to a home network, or radio unless the broadcasting
signals are continually shared. This is done to draw a huge crowd, pique
people's interest in sports, and promote sports to a large audience.
The Problem:
Sports law in India is made up of a
number of court cases and policy choices made by the Indian government. Sports
law has an extremely well-developed pattern of international regulation and
significant similarities with other legal systems such as media law,
corporation law, labour law, criminal law, public law, administrative law,
antitrust, and competition law. Unlike many other countries, India has never
established a sports law. In the Indian legal field, the word "sport's
law" is a borrowed concept. Sport is classified as a state issue under
entry 33 of the Indian Constitution, and as such, the Central Government
lacks the authority to legislate on the topic. It is one of the most difficult
issues when dealing with national sports law reforms.
Even with regular support from
government entities and public motivation, India's sports industry has yet to
achieve significant success. Furthermore, it is being tormented by remarks on
numerous incorrect incidences occurring in the sporting world. There is no
national or state legislation for the regulation of sports in India. There are
labour concerns when players must negotiate their working hours, pay, and
training conditions because their agents are failing to do their jobs. Then
there's the greater issue of drug abuse, bidding scandals, sports corruption,
betting, match-fixing, and, worst of all, sexual harassment of female players
are all in the news. It is undeniable that today's sports are fiercely
competitive, and many events can be won by engaging in corrupt or unlawful
activities.
All government entities and agencies
involved in sports management must be held accountable for their actions. There
are a lot of problems faced by players in their course to become a sports star.
Some players are pushed away and discriminated from other players by the
officials just because they don’t perform like other players. This is one of
the most common issues ongoing in the sports industry in India. Due to this
kind of behaviour from the officials and staffs, a lot of players are
struggling to get proper training facilities and coaching. This is affecting
their career and future. They are not
paid properly, their contracts are unjustly terminated, and their working hours
are exploited. Another major problem is faced by those sports which are not
that famous or followed by many audiences. These sports, too, deserve to be
promoted in the same way that other socially popular sports are. Every sport
should receive funding to strengthen its training facilities, rather than
receiving assistance depending on the popularity of the game or a particular
player.
Laws must be introduced and strictly
enforced for all of these reasons, including penalties and prison sentences for
illegal and corrupt behaviour. This is the only way to regain control of the
situation and resume playing clean sports.
Organization of Sports in India:
The club is the fundamental entity at
the grassroots level in the sports world. The international sports bodies for
each sport, which are made up of national bodies from many nations, are at the
top of the hierarchy. Again, the provincial or state organisations from many
nations make up the national sports body. The several districts or clubs make
up the provincial state bodies. In India, national sports organisations field
the national team to compete in international competitions where success is a
source of pride for the entire country.
They take the players into account
when choosing and participating. These organisations also make money from advertising
during sporting events and grant telecasting and broadcasting rights to the
highest bidder for sizeable sums. In addition, they punish the offending
players by banning them from future games. Accordingly, in the majority of
nations, including India, constitutional Writs of High Courts lie against these
private organisations in order to enforce their public duties and obligations,
just like any other public or Government Authority.[1]
Several organisations that oversee
sports legislation:
Some organisations have taken on the
duty of developing and governing sports in India while keeping in mind specific
legal guidelines and rules. The following are these affiliations:
1.
Indian Association for Sports Law and Welfare
An expert non-profit organisation working at the national
level to promote the moral application of sports law in India is the Sports Law
and Welfare Association of India. Its objective is to comprehend, enhance, and
ensure the proper operation of sports-related regulations in order to sustain
the sports business. It accomplishes this by bringing lawyers and athletes
together and offering guidance on any legal problems the individual may be
facing. The Association offers advice on a variety of topics, such as the
regulation of sports governing bodies, general sport and law issues,
intellectual property issues in sport, and online court advocacy on behalf of
athletes and sports organisations. A forum for attorneys representing athletes,
teams, leagues, conferences, civic recreational programmes, educational
institutions, and other organisations involved in professional, collegiate,
Olympic, physical education, and amateur sports is provided by the Sports Law
and Welfare Association of India. The organization's goals include advancing
discussion of legal issues affecting sports, promoting the exchange of
different perspectives and positions on sports law, and addressing issues that
affect athletes, teams, leagues, conferences, and organisations.
2.
Sports Authority of India
To address the need for an apex agency to organise diverse
sports activities in India, the Sports Authority of India was founded. The IXth
Asian Games' success in Delhi has increased sports awareness and passion in
India, which has inspired the government to prioritise sports development in
order to promote youth physical health and channel their energies toward
excellence. The Sports
Authority of India has expanded its sphere of influence to promote all sports
and to establish guidelines for young people to focus their energies on
obtaining athletic success. It also launched a few supportive initiatives,
including the introduction of physical education in the classroom, coaching,
and awareness of physical fitness and sports. Sports scholarships were also
introduced to encourage young people to participate in sports, and programmes
were established to provide financial aid to those in need of training to
improve sportspersons' abilities in India.
3.
The National Sports Policy from 1984 to 2001
In August 1984, a Resolution on the National Sports Policy
was introduced in both Houses of Parliament. To improve the calibre of sports
in the nation, the National Sports Policy of 1984 was created. The National
Sports Policy of 1984 stated, among other things, that the implementation's progress
would be evaluated every five years to identify the next steps, if any, that
should be taken. Over time, it has been apparent that while though the National
Sports Policy, 1984 covers many aspects of fostering sports in the nation, its
implementation is not yet complete. The National Sports Policy 2001 was created
to update the National Sports Policy of 1984. The objective of the guidelines
of National Sports Policy 2001 is threefold:
• Firstly, to define the areas of responsibility of the various
agencies involved in the promotion and development of sports,
• Secondly, to identify National Sports Federations eligible
for coverage under these guidelines, to set priorities, and to detail the
procedures to be followed by the Federations, to avail of Government
sponsorship and assistance.
• Thirdly, to state the conditions for eligibility which the
Government will insist upon while releasing grants to Sports Federations.
The National Sports Policy seeks to have "Sports"
included to the Concurrent List of the Indian Constitution as well as the
introduction of the necessary legislation to govern all topics falling under
both interstate and national jurisdiction.
4.
Sports Broadcasting Law in India
Through the mandatory sharing of sports broadcasting signals
with Prasar Bharati and for matters related to or incidental thereto, the
Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act was
passed in 2007 with the goal of providing access to the greatest number of
listeners and viewers, on a free to air basis, of sporting events of national
importance. The Act prohibits any television or radio broadcast service
provider that is a content right owner or holder from airing a live television
broadcast on any cable, direct-to-home network, or radio unless the provider is
continuously exchanging broadcasting signals. This is done to draw in a sizable
crowd, pique people's interest in sports, and spread awareness of sports among
a sizable audience.
The sports industry in India is still
not very successful, despite the ongoing assistance from government
organisations and public inspiration. Additionally, it is constantly being
afflicted by remarks on several incorrect situations that occur in the sporting
world. Bidding scandals, sports corruption, betting, match fixing, and even
worse—sexual harassment of female athletes—are all topics of recent news. It is
undeniable that there is fierce competition in sports today, and that many
competitions can be won by using unethical and unlawful tactics. It is crucial
to remember, nevertheless, that India founded its sports associations on the
principles of morality and the inherent skill of the athletes.
Judicial Approach to Sports in India:
In India, national sports
organisations field the national team to compete in international competitions
where success is a source of pride for the entire country[2].
These organisations also profit from advertising during sporting events and
grant telecasting and broadcasting rights to the successful bidder for sizeable
sums[3].
In addition, they punish the offending players by banning them from future
games. These organisations have jurisdiction over all national competitions[4]. Ajay
Jadeja v. Union of India[5]
marked the start of a new phase in sports law reform. Lack of a properly
organised inquiry, problems with sportsmanship, the way the complainant was
handled, and numerous other controversies were associated with it. In this
case, it was decided that because sporting organisations serve public purposes,
they fall under the High Court's writ jurisdiction.
The
Supreme Court of India upheld the concept in the case of Zee Telefilms and
Others v. Union of India and Others[6].
In India, this case is known as the Magna Carta of Sports Law. The issue in
this instance was the arbitrary cancellation of the broadcasting rights
arrangement by BCCI. The aggrieved party in this case, Zee Telefilms,
petitioned the Supreme Court under Article 32 of the Indian Constitution.
However, a writ under Article 32 can only be brought against the institutions
that the Indian Constitution's Article 12 designates as "States." The
Supreme Court ruled that, in accordance with Article 12 of the Constitution,
BCCI did not qualify as a "state." However, Justice Sinha, writing in
a minority opinion, asserted that BCCI qualifies as a "state,"
nonetheless.
In
addition to the Zee Telefilms case, there have been many other rulings that
have shaped Indian sports law precedent. The Supreme Court talked on the
importance of sports in India in the same case it discussed in K. Murugan v.
Fencing Association of India[7],
Jabalpur. The controversy in this case concerned the selection of the Indian
Olympic Association executive council members (IOA). India's sports experts are
still unregulated because States lack zeal. As a result, the sports
organisations step in to perform their share in overseeing the situation. Board
of Cricket Control India (BCCI) for cricket, All India Football Federation
(AIFF) for football, Indian Hockey Federation for hockey, Sports Authority of
India, and Indian Olympic Association at the top are only a few of the sports
organisations and federations in India. This demonstrates that the Ministry of
Sports Affairs, which also collaborates externally to manage these sports
organisations, is the only central sports authority responsible for overseeing
all sports.
There
have been instances where financially stable sporting organisations, like BCCI,
have declined to join the Ministry and are instead just incorporated to benefit
monetarily. In the Zee Telefilms v. Union of India[8]
case, this topic was raised. It was stated that "the Sports bodies
primarily remain unaccountable to the state or any other central body inside
the territory of India, which nevertheless should not be the case considering
the importance of Sports in the Modern Arena."
The
National Sports Development Code, 2011, which governs the National Sports
Federation of India, is one example of a specific enactment that is needed for
the entire country. However, because sports are a part of the State List of the
Seventh Schedule of the Indian Constitution, the Delhi High Court upheld the
validity of the aforementioned Code in the case of Indian Olympic
Association v. Union of India[9].
Two draught central bills—the Prevention of Sporting Fraud Bill, 2013, and the
National Sports Development Bill, 2013, —are presently pending promulgation; if
they were to do so, it would increase confidence in and acceptance of India's
sports laws.
Indian Sports Laws and Alternative
Dispute Resolution:
In arbitration, a type of alternative
dispute resolution (ADR), parties to a dispute refer it to one or more
individuals (the "arbitrators," "arbiters," or
"arbitral tribunal"), by whose decision (the "award") they
agree to be bound. Arbitration is a legal technique for resolving disputes
outside of the courts. A third party reviews the case and imposes a conclusion
that is binding on both parties in this method of settlement. Alternative
Dispute Resolution methods like arbitration are preferred when resolving
conflicts outside of the legal system. Through the Court of Arbitration for
Sports (CAS), this legal method is available in international sports to settle
disputes that are referred to it. The International Olympic Committee
established it in 1983, and it is regarded as the most important forum[10].
Litigation
is a needlessly time-consuming and difficult method of resolving disputes. Two
competitors competed in the well-known Lindland's case[11]
for a single weight-class spot on the American wrestling team for the 2000
Sydney Olympics. Matt Lindland, the loser of the bout, alleged that Keith
Sieracki, the victor, had used illegal grips. In the federal courts, the matter
went through thirteen stages of litigation and arbitration, including
unsuccessful appeals to the US Supreme Court and the CAS. The offended party
ultimately prevailed in his case and was awarded the Olympic silver medal. It
would have been best if there had been a simple, two-step arbitration process.
Additionally, the ADR process enables the parties to have an appropriate
hearing, low total expenses, secrecy, adaptation, and a judgement issued by a
professional with experience in sports. One of the key components of ADR in
sports is confidentiality.
A
lawsuit filed right before a sporting event may affect the outcome of the
contest. It raises important questions about the player's eligibility as well
as related ones about honouring the judges and moving forward with the
competition. Elite skater Tonya Harding[12]
was accused of hitting her American rival during the 1994 Winter Olympics. The
results of this perfect suit caused the United States Olympic Committee to face
significant challenges. The Amateur Sports Act of 1978 reportedly underwent an
amendment in 1998 by the US Congress. According to the changes, within 21 days
of the beginning of a big Sports Competition, a Court may not completely
enforce any injunction against the United States Olympic Committee. It is
interesting that no Indian law or court ruling has placed a restriction on such
perfect lawsuits or litigation.
ADR
measures allow the parties to have flexible hearings, confidential information,
and minimal total expenses. Additionally, arbitrators are experts in their
subject. These are some of the advantages of using alternative dispute
resolution, in addition to the speed with which sports disputes are resolved by
bodies with specialised mechanisms, such the Court of Arbitration for Sports
(ADR).[13]
Conclusion and Suggestions:
Sport law must flourish in India for
sports and sportsmen to succeed; legislative action is essential. India needs
to understand that "sports" is no more just a group of athletes
competing for the top spot; it now also involves complex legal issues and the
entire career of the players is on the line. A unique legal system is
developing in this area, and it needs to be adequately considered. Sports law
is undoubtedly a lucrative field of work. With the help of the law, an effort
should be made to enhance the sporting environment. Sport is a matter of
national pride as much as pure entertainment. In recent times, the growth of
the Indian Premier League and the Indian Cricket League has started to bring up
important issues related to competition law. This effectively illustrates the
necessity to strengthen Indian sports law[14].
The
sports industry in India has made great progress. With the inclusion of several
business interests, sports have taken on a corporate form. Sport-related issues
are gradually becoming a significant concentration due to the expanding market
development and the need for clear and thorough legal documentation. Agreements
should have the option to explain parties' expectations and responsibilities,
should ensure the competitor's and the brand's long-term interests, and should
take into account the various regulatory, legal, and industry-specific risks.
The country has reached a point where sports law needs to be managed by
legislation. It is crucial that a standard code for sports be pushed in order
to meet the growing demands of the dynamic situation, both nationally and
internationally.
India
requires a national sports law to grow, improve, and regulate sports in India
uniformly. In the State list in the Seventh Schedule of the Indian
Constitution, sports are listed as Entry 33. Although it was suggested that
sports be added to the Concurrent List, where both the state and the federal
government would have the authority to enact laws, the government chose not to
do this. Furthermore, despite numerous attempts, the government of India has not
succeeded in implementing the National Sports Policy.
Like
India, neither the USA nor the UK have a national statute or piece of
legislation that regulates national sports or the national sports federations.
Even so, the passing of laws governing amateur, professional, and foreign
athletes in the US provides security for their interests in all three
categories of sports law. The main problems that Indian sports are dealing with
are as follows: Management blunders non-accountability for performance; ineffective
or unsuitable financial allocation; unethical or undemocratic election methods
in sporting organisations; and bias in national team selection processes[15].
A national sports law must be passed
by the Parliament that will, among other things, allow for the establishment of
an Indian Sports Commission. Firstly, the Sports Commission will: support
talent identification, promote and foster growth and participation in sports at
all levels of foundation, participation, performance, and excellence; provide advice
on sports to the Ministry of Sports and Youth Affairs; monitor and take action
to ensure the proper use of funds allocated by the Sports Commission to sports
federations; and ensure an adequate allocation of funds and resources to
national and provincial sports.
The second focus of the sports
legislation will be on the development of the game starting at the school level
by integrating sports into the curriculum and making it a requirement for
studying all the way through secondary school. Thirdly, in addition to the
federal and state governments, organisations such as the Panchayati Raj
Institutions, Educational Institutions, Local Bodies, and Sports
Associations/Federations were encouraged to participate in the creation, use,
and proper upkeep of sports infrastructure, such as play fields and stadiums,
in both rural and urban areas.
Fourthly, rather than registering
under the Societies Registration Act, sports associations and federations will
now be required to register under this legislation. The Sports Commission,
which was established under the Act, will oversee allocating funds to these
associations and federations. The Sports Commission should hold these
federations and groups financially accountable. The Sports Commission will have
the authority to investigate any financial fraud.
Fifth, the Sports Commission will
have the authority to resolve disputes. It will have the authority to form
boards or panels to decide disputes and to penalise violators of a set of rules
or a code of conduct.
Therefore, it is impossible to raise
questions about the same among Indians without the implementation of a relevant
law or piece of legislation with that influence. India is a country where
nearly all sports are played.
Bibliography:
Primary Sources:
·
The
Constitution of India, 1950
·
Sports
Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
·
National
Sports Policy, 2001
·
SPORTS
LAW AND WELFARE ASSOCIATION OF INDIA.
·
SPORTS
AUTHORITY OF INDIA.
Secondary Sources:
·
JUSTICE
MUKUL MUDGAL edited by LOVELY DASGUPTA & SHAMEEK SEN, SPORTS LAW IN INDIA
POLICY, REGULATION AND COMMERCIALISATION (Sage Law 2018)
·
Justice
Mukul Mudgal Committee Report
·
Justice
R.M. Lodha Committee Report
·
Emergence
of Sports Law in India, INDIAN LAW JOURNAL.
·
Annual
Report - 08, Ministry of Youth Affairs & Sports (Govt. of India).: 59,
2007.
Web Sources: