Open Access Research Article
EXPLORING AND ANLAYSING SPORTS LAWS IN INDIA
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EXPLORING AND ANLAYSING SPORTS LAWS
IN INDIA
AUTHORED BY - RASHI GARG &
VANSHIKA MISHRA
ABSTRACT
This paper attempts to narrate the
position of sports law in India and how it, developed over some time. Once in a
lifetime, we all have participated in sports in one way or another, but we
never release the need for sports laws in our daily lives. The sports law is
important for making policies to raise the standard and safeguard sports. Around 1982 Indira Gandhi led the government to
establish a department to look after sports, known as the Ministry of Youth
Affairs and Sports (MYAS) and thereafter the ministry introduced India’s first -
ever National Sports Policy (NSP) and launched the Sports Authority of India
(SAI). The resolution was passed by both the
Houses of Parliament in August 1984 which is now known as National Sports
Policy, 2001. Sports related laws can cover a range of areas including
contracts, arbitration, anti doping regulation, intellectual property and liability
issues. Further some important case laws are also determined. The disputes
relating to the sporting activities are settled by the use of arbitration as it
the most appropriate mode for dispute resolution. The paper is going to discuss
how the standard of the sports evolved in the country to the extent that it
needs a separate field of law. The method of research used is doctrinal
research. The main objective of the paper is to explore the need for and
analyze the present sports law in India and what are regulations or authorities
to improve the law.
Keywords – National Sports Policy, Commerce in sports,
Authorities, Object of sports Laws, Arbitration in sports law.
INTRODUCTION
Once in a life we all have
participated in sports in one way or other, but we never release the need of
sports laws in our daily life. From dating back thousands of years, Indian has
a rich sporting culture and heritage and with the passage of time, the
lawmakers felt the need to introduce policies to raise the standard and to
safeguard the sports. Around 1982, Indira
Gandhi led government, establishes a department to look after sports, known as Ministry of Youth Affairs and Sports (MYAS),
thereafter, the ministry introduced India’s first ever National Sports Policy (NSP) and subsequently, launched the Sports Authority of India (SAI). This first resolution i.e. National Sports
Policy was passed by both the Houses of
Parliament in August 1984, which latter came to be known as National Sports
Policy of 2001.
Historically the
development of sports was led by government but now the government and private
sectors are collaborating to strength the Indian sports industry. Over the last decade, the sports
industry in India has experienced substantial commercial expansion. Presently,
the realm of sports business serves as more than just a dynamic avenue for
marketing and establishing branding prospects for companies investing in sports;
it also generates value for fans nationwide, with sports leagues now becoming a
leading conduit for private sector involvement. Integral to civil society,
sports law stands as a foundational pillar, experiencing global expansion
driven by the commercialization and expansion of the sports industry and its
significance extends to economical, political, and social aspect also.
DEFINATION
Sports law is that field of law which
deals with the sporting activities of the country. It deals with issues of sports
player, teams, managers and associates. It also includes the other law like
contract law, tort law, trademark law and various others[1].
Sports law is applied
in the field of sports, physical education and its other relevant field. It is
a pure law as opposed to theoretical law and is concerned with how law in general
interacts with the activity known as sports[2].
SPORTS LAW IN
CONSTITUTION
Sport’s law is
always a borrowed term for Indian legal system. As many other countries, India
has never enacted a statute in the field specifically relating to sports.
According to the India Constitution, Sports is categorized as a State subject in the Constitution
of India under Entry 33 of List II, meaning that the Central government lacks
the authority to enact legislation pertaining to sports; at this situation it
is quit challenging for the government to address the reform at national level.
Although, the Central Government of
India, established the Ministry of Youth Affairs & Sports which aims to
develop infrastructure and facilitate capacity building to popularize sports
and attain excellence in national and international competitions. The promotion
of sports is primarily entrusted to the autonomous National Sports Federations
(NSFs), while the Ministry of Sports and Youth Affairs periodically releases
notifications and guidelines to regulate the functioning of NSFs[3].
EVOLUTION OF COMMERCE IN SPORTS LAW
In recent times, there is a growing
trend showcasing collaboration between the Indian government and the private
sector to fortify the sports industry in the country. Traditionally, it was
spearheaded by the government; the evolution of sports in India now witnesses
the corporate sector contributing through avenues like corporate social
responsibility initiatives, Public Private Partnerships (PPPs) in the
development of sports infrastructure, and the establishment of for- profit
sports academies. One of the best examples of successful Public Private
Partnerships (PPPs) is the collaboration between Jindal Steel Works and the
Sports Authority of India (SAI). In this instance, Jindal Steel Works engaged
in a Corporate Social Responsibility initiative to enhance and maintain the
infrastructure at SAI's regional training centre in Hisar[4].
Over the past 10 years, there has
been significant commercial growth in sports. In the present scenario, the
sports industry serves not only as a dynamic platform for marketing and
establishing branding opportunities for businesses investing in sports but also
as a means of generating value for fans nationwide. Sports leagues have evolved
into a key avenue for the private sector, with league promoters and franchises increasingly
undertaking strategic initiatives. These involve investments in infrastructure,
training, and talent scouting, aiming to actively involve communities and
foster a dedicated sports culture. This approach ensures the enduring
sustainability of their commercial assets, such as leagues and franchises.
LEGISLATURE AND AUTHORITIES
At the central level, the Ministry of
Youth Affairs and Sports is the primary governmental authority overseeing
sports-related matters. The Sports Authority of India (SAI) operates under this
ministry and is responsible for the development of sports infrastructure,
talent identification, and training programs Additionally, the National Sports
Development Code (NSDC) plays a crucial role in regulating sports bodies in
India. The NSDC sets guidelines for the functioning of National Sports
Federations (NSFs) and ensures transparency, accountability, and fair
governance within these organizations Furthermore, individual states have their
own sports policies and bodies to promote and regulate sports activities at the
state level. The state sports departments collaborate with the central
government to implement various sports development programs
·
Sports Authority of India (SAI) – was set up in 1984 by the Ministry of Youth Affairs and Sports, earlier it
was used to deal with the conduct and coordinate various sports activity at
national level, but with the time and need of an hour it expanded its
scope to foster diverse sports participation and established provisions for
young individuals to channel their energy towards attaining excellence in
sports. The SAI is divided into wings i.e. academic wing, team wing, operation
wing, stadia wing. Each wing performs different function[5].
·
National Sports Policy (NSP) – was drawn in year 1984. The
intention behind the policy was to raise the standards of sports and further to
the raise the standards by evaluating the progress. The policy mandates
collaboration between the Central Government, the Sports Authority of India,
National Sports Federations, and the Indian Olympic Association (IOA) to strive
for excellence in sports both at the national and international levels.
·
National Sports Federations (NSFs) - are organizations responsible for the
development, promotion, and regulation of specific sports disciplines within a
country. These federations play a crucial role in organizing competitions,
formulating policies, and overseeing the overall administration of their
respective sports.
·
National Sports Development Code of India (NSDCI)
- In the year 2014, the Delhi High Court declared the NSDCI as the Law of the
Land for sports bodies in India. NSDCI is a set of orders issued by the
Government of India since the year 1975 for the National Sports Federations[6]. This is a set of regulations and
guidelines formulated to govern the development and administration of sports in
India. This code plays a crucial role in ensuring transparency, accountability,
and fair governance within National Sports Federations (NSFs) and other sports
organizations.
·
Sports Law and Welfare Association of
India - is a
non-profit national professional organization with a shared objective: the
comprehension, progress, and ethical practice of "Sports Law" in
India, aiming to promote sports by fostering collaboration between legal
practitioners and sports personalities. Its objectives are offering educational
opportunities and sharing information about specific aspects of sports law,
creating a platform for lawyers representing athletes, formulating ethical
guidelines for sports individuals, and pursuing numerous other initiatives.
·
Sports Broadcasting Signals
(MANDATORY SHARING WITH PRASAR BHARATI) ACT, 2007 - is an Indian legislation that
pertains to the sharing of sports broadcasting signals with Prasar Bharati,
which is India's public broadcasting agency. The Act outlines the provisions
and conditions under which private broadcasters are obligated to share live
broadcasting signals of sporting events with Prasar Bharati. The intention
behind this mandatory sharing is to enhance the accessibility of these events
to the wider public, especially for events that hold national significance.
Apart from above
authorities, two organizations that are autonomous to a great extent as well as
popular among people too are (i) The Board of Control for Cricket in India
(BCCI) and (ii) Indian Olympic Association[7].
·
Board of Control for Cricket in India
(BCCI) - was founded
on December 4, 1928. It was established as a society under the Tamil Nadu
Societies Registration Act by a group of influential cricket administrators at
that time. The founding members included representatives from different
regional cricket associations in India. BCCI, functioning as a private entity,
asserts and effectively operates as the authoritative body governing cricket in
India[8].
Stated in its Memorandum of Association, the organization outlines its
objectives, including the regulation of cricket within the country, the
resolution of disputes and decision-making for matters referred by various
cricket associations, the promotion of the sport, formulation of cricket laws
in India, team selection for Test Matches, and the appointment of India's
representatives to international cricket conferences and related events. The
BCCI's role has expanded, especially with the advent of high-profile leagues
like the Indian Premier League (IPL), which has further boosted the board's
financial strength and global influence. They are duty bound to ensure that the
game of cricket in played id in the true spirit of the game free from any form
of corruption. But the IPL Spot Fixing scandal has showed that the BCCI has
grossly failed in this endeavor thereby denting the image of cricket in India[9].
Zee telefilms and others vs Union of India and others (2005)[10]
This case an important role in
shaping the legal history of sports law and it is considered as the Magna Carta
of Indian Sports Law. A petition was filed under Article 32 of the Constitution of India, now the question the
apex court was whether the sports authority BCCI comes under the ambit of
Article 12 or not. The Supreme Court acknowledged that due to its
performance of public functions similar to the state, it is subject to general
standards applicable to judicial review. Therefore, the BCCI is accountable
under the writ jurisdiction specified in Article 226 and 32 of the Constitution.
Cricket Association of Bihar v. Board
of Control for Cricket in India & Anr[11]
An appeal
was filed before the Supreme Court of India regarding regulation made for
player, umpires and administrator by BCCI. Analyzing the BCCI's "monopoly" in
administration, the court ruled that the organization must adhere to principles
of "fairness" and "good faith" in its operations.
Additionally, it emphasized that the office bearers of such sports bodies
should be regarded as "public servants” and further constituted the three
member Lodha Committee to investigate the
functioning of the BCCI.
·
Indian Olympic Association (IOA) - is the apex body governing Olympic
sports in India. Established in 1927, it is responsible for overseeing the
country's participation in the Olympic Games and promoting sports at the
national level. The IOA works closely with various national sports federations
to develop and manage the Olympic movement in India. Its primary objectives
include selecting and sending Indian athletes to the Olympics, promoting sports
at the grassroots level, and upholding the principles and values of the Olympic
Charter.
Indian Olympic Association v K. Narayana Rao (2003) – there is a conflict arose between
the Indian Olympic Association (IOA) and the Indian Weightlifting Federation
(IWF) concerning the nomination of weightlifters for the Olympic Games. The Supreme
Court ruled that while the IOA possessed the authority to choose athletes for
the Olympics, it was mandated to conduct the selection process with fairness
and transparency.
ARBITRATION IN SPORTS
Arbitration in sports refers to the
use of alternative dispute resolution mechanisms, particularly arbitration, to
resolve conflicts and disputes within the realm of sports. Instead of resorting
to traditional litigation in courts, sports organizations and athletes often
opt for arbitration to address issues efficiently and with a specialized focus
on sports-related matters.
In the year 2011,
the Indian Court of Arbitration for Sports was set up as an official body to
introduce ADR mechanism within the purview of sports related disputes in the
most efficient way possible[12]. This
was first efforts made in India to set up a uniform and effective dispute
redressal mechanism by keeping in mind the complex issues involved in Sports.
Although, this initiative was not very
successful in setting up, Court of Arbitration for sports.
CAS is an independent global
institution that provides a forum for the resolution of sports-related disputes
through arbitration or mediation. It ensures that conflicts arising in the
sporting world are adjudicated by experts with a deep understanding of sports
law. The arbitrators at CAS are typically legal experts specializing in sports
law. They are selected from a list maintained by the International Council of
Arbitration for Sport (ICAS), the governing and funding body of CAS. The
institution serves as both a court of first instance and an appellate body.
Athletes or sports organizations dissatisfied with decisions made at the
national level can appeal to CAS for a final resolution.
In year 2021, Sports Arbitration
Centre of India (SACI) was inaugurated by
Minister of Law and Justice, Kiren Rijiju in Ahmedabad, Gujarat to serve as an
independent body to fast-track disputes in the sports sector and serve as a
mechanism to redress issues related to sports.
CONCLUSION
The India has its
national level sports ministry, for making policies and regulation for sports
and its related aspect. The
conventional process of dispensing justice often involves lengthy and intricate
procedures where technicalities and subtleties may not receive adequate
attention. However, through the utilization of arbitration, the resolution
process gains efficiency, ensuring privacy and expeditious trials. This
approach not only provides a more convenient and meaningful avenue for
delivering justice to the aggrieved party but also contributes to the overall
well-being of the sports community. The country
still need to widen it approach towards the sport law as it is growing
specialization of law.
In the above
discussion so far, it is clear that India has a huge policy system for sports,
but despite all this still India lack in terms of sports law and therefore
needs to evolve it.
[1] Article in S.S. Rana & co
[2]
https://www.sportslawindia.info/sportslaw.htm
[3] In the Journal of advances
and scholarly researches in allied
education
[4] Article in Taylor& Francis
Online /www.tandfonline.com
[5] Sports Authority of India,
Ministry of Youth Affairs & Sports, Government of India
[6]
https://youthdestination.in/national-sports-development-code-of-india-nsdci
[7] Article by Utsav Biswas Playing by
the Rules: Navigating the Intricacies of Sports Law in India in jus corpus
[8] As decided in Zee Telefilms vs.
Union of India (SC) (2005)
[9] Sports law in India, article
[10] https://indiankanoon.org/doc/404603/
[11] https://m.rediff.com/cricket/2015/jan/27supreme-court-judgement-ipl-fixing-probe.pdf
[12] Article on Sports Dispute Resolution in India (2022) by Navya Sharma By Khurana and Khurana https://www.mondaq.com/india/sport/1177320/sports-dispute-resolution-in-india
Article Information
EXPLORING AND ANLAYSING SPORTS LAWS IN INDIA
Authors: RASHI GARG, VANSHIKA MISHRA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/30
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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