Open Access Research Article
THE NEED OF AN EXTENSIVE SOPRTS LAW IN INDIA
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THE NEED OF AN EXTENSIVE SOPRTS LAW IN INDIA
AUTHORED BY - ABINAYA SAIKUMAR
ABSTRACT
Sports have never been a top priority for policymakers in
India. In the Indian social realm, sports
have mostly gained attention as amusement. Even the ordinary man's attitude
toward sports in India has usually been informal and emotional rather
than intellectual. In other words,
in the Indian socio-political-legal realm,
sports and associated concerns have traditionally taken a back seat.
India has not fared well in sports except for a few sports. The Indian
society's attitude toward
sports has been a significant factor in the country's underperformance in sports on a worldwide scale. The cause
for the underperformance is due to a lack of human
resources and a problem with
India's sports governance system. To break out of the current state of immobility, the vacuum in the field of
sports governance must be addressed promptly and on a priority basis. The researcher hope to explore the current
state of sports legislation in India and provide a future roadmap for sports governance in this article.
In sports, allied
fields, physical education, and sports law are used. India has long been a world
leader in terms of social, cultural, and sporting history. Due to its
closeness, the grandeur of Indian
sports has outshined India across the world. It produced great athletes who
made significant contributions to sports by setting an example for the rest of the globe with its diverse
sporting legacy. Sports have long been a contentious cornerstone of
Indian law, with an unresolved
position. The Government of India has overseen and governed sports in India through autonomous sports federations,
which have monopolistic natures in their particular sports fields. On the other hand, these sports federations are resistant to examining accountability and transparency. The judiciary has been obliged
to step in and umpire
the game because of the ongoing legal fights and
lawsuits in this diverse realm of sports. The current research explores and analyses many issues like
·
Why isn't
there a central sports authority other than the Ministry of Sports Affairs?
·
What is the systemic function
of the many sports authorities that regulate various
sports?
·
Is it true that
the Indian judiciary has made
a minor contribution to the development of sports jurisprudence?
·
Is the Alternative Dispute Mechanism (ADM) an excellent
way to settle sports disputes?
These issues fall under the jurisdiction of laws linked
to sports in India and recent revisions in
the legislation addressing the topic. In light of relevant court
answers, this research study discusses
and analyses essential issues in sports. It also outlines how Indian
politicians have shown little
interest in sports jurisprudence and the critical sports reforms needed to
restore India's sporting grandeur.
INTRODUCTION:
Sports are a significant element of everyone's life, culture, community, and nation, and everyone is related to sports in some manner,
whether they are participating or watching. Sports
laws and regulations exist in certain countries, and the United Nations
has drafted treaties on physical education, sports, and discrimination in sports. In this sense,
India still has a long way to go because there is no comprehensive
sports law in place. Sports are given less weight in our society since most schools and parents emphasize a child's
academic success. Also, India consistently
does poorly in significant sporting
events such as the Olympics.
The most important reason is the lack of universal
sports laws, which necessitates legislation to control sports in our nation.
Sports have been a part of human existence since the dawn
of time and are an essential component
of human growth, good health, and the spirit of friendly rivalry. Sports began
as a form of amusement in ancient times.
Man devised games
primarily to meet socially with others, demonstrate talents and physical
ability, and entertain. Most of the games, which evolved from fundamental hunting abilities, included
sprinting, throwing, and leaping acrobatics. Many early societies had religious and political
themes in their games. Still, a desire for leisure play eventually led to the standardization of old games and the
invention of new ones. Sports has been
a means of survival and a source of amusement, i.e. 'Pehlawani '. It has now
taken on the form of industry.
According to United Nations estimates, sports
generate 3% of total world economic activity.
According to the New Encyclopedia Britannica, Sports and games are leisure or competitive activities that require some level of physical strength
or ability. Sports
were once thought
to be limited to outdoor leisure activities such as fishing,
shooting, and hunting,
as opposed to games, defined
as organized athletic
contests in which teams or individuals competed
according to predetermined rules. Sports have a long history
in India, dating
back to the Vedas and the Indus
Valley Civilization. Humans engaged in physical activities and played various games, including marbles, balls, and dice, according to archaeological digs at Mohenjo-Daro and Harappa.
When the creators
of the Olympic idea were deciding on the various
disciplines, India was very much on their minds. Greece and India have had a
relationship since 975 B.C. Both nations have had a strong interest
in chariot racing
and wrestling. Today's
Olympic events can be
considered perfected versions of ancient India and Greece's sports involving
strength and speed. India is quickly
becoming a popular destination for major athletic events such as the Commonwealth Games, Asian Games, and World
Cups in Hockey and Cricket, which draw international
attention. In India, several federations provide sports facilities. However,
India loses ground in every major
sporting event, save cricket.
Despite significant commercial and public
investment in sports, no considerable improvement has been made. The failure in the sports field is frequently
linked to the sports governance model
and the sports law in India.Sports legislation has long been a source of worry
for many countries, not just India.
In the same way that India lacks
sports legislation, the United Kingdom
lacks one. In the United States, sports law has a lot of overlap with labour
law, contract law, competition law,
and tort law. China's General Administration of Sport is the government entity in charge of sports. The
State Council delegates its authority. The Council also oversees the All-China Sports Federation and the
Chinese Olympic Committee.
Sports law is a vital pillar of civil society
and a rapidly expanding international field, driven by the
commercialization and expansion of the sports industry and its economic,
political, and social relevance. During apartheid, South Africa was subjected to several international boycotts, including athletic events. There was substantial
debate about whether the boycott's goal was to abolish sports discrimination or to
end apartheid in general.
On December 14, 1977, the United Nations
General Assembly passed the International Convention against Apartheid in Sports to
ban racial discrimination. The terms' apartheid,' 'national sports facilities, "sports contracts,
"sports bodies,' and 'team' are defined in the Convention. The agreement
strongly condemns apartheid by signatory state parties. It prevents them from contracting with a nation
that practises apartheid
and requires them to take adequate measures to guarantee that their sports
bodies, teams, and individual athletes do not have such contracts. The conference discusses the creation of a
Commission to Combat Apartheid in Sports.
The Convention stipulates that any dispute
between state parties
over the interpretation, application, or implementation of the Convention that cannot be
resolved through negotiation must be
brought before the International Court of Justice (ICJ) with the mutual consent
of the parties to the dispute.
On October 19, 2005, UNESCO adopted the International
Convention against Doping in Sports,
indicating that countries all around the globe have decided to use
international law to combat doping.
The Convention guarantees that the World Anti-Doping Code, which only applies
to members of sports organizations, is compelling. The Convention establishes a
legal framework within which
nations can address specific aspects of the doping problem unrelated to sports. As a result,
the Convention contributes to formalizing international anti-doping laws, regulations, and guidelines to
provide an open level playing field for
all athletes.
The international sports system functions
as a private legal regime that regulates
itself. International non-governmental organizations such as the World Anti-Doping Agency (WADA),
the International Olympic Committee (IOC), and international sports federations play a crucial
role. International sports
federations are the bodies in charge of organizing sports
activities on a global scale. From a legal standpoint, they are private
associations formed following personal
domestic law, and their members
are national sporting
associations admitted to membership. Their international contests
are organized and coordinated
by them.
SIGNIFICANCE AND NEED OF SPORTS LAWS:
Sports have a long history
in our country, dating back to the Vedic era. Some games
are thought to have originated in India, including
chess, wrestling, polo, archery, and hockey. Any activity or experience that provides recreation,
diversion, pastime, or any other activity that involves more or less rigorous physical labour and is done out according
to some established form or set of
guidelines, whether outdoors, like golf, racing, football, hunting etc., or
indoors, as bowling, squash,
basketball, etc., according to Webster's Dictionary.[1] In India, sports have long been viewed
as a means of fully realizing a body's potential. It encompasses the fulfilment of one's physical potential and the
methods for improving one's body and instilling the skill of self-defence.[2]
In our country, sports law is given little weight, and
federations such as the Board of Cricket Control India
for cricket, Hockey
India for hockey
(formed after the Indian Hockey
Federation was disbanded in
2008 by the IOA), the Indian Basketball Association for basketball, the All India Tennis Federation for tennis, the All India Football Federation for football, and the Indian
Olympic Association and the Sports Governing Council for sports
governing. Apart from cricket, our
country has a poor record in significant sporting events. All of these
federations attempt to improve the
sport, but no consistent regulations are governing the many difficulties these
sports face.
In a few cases, the value of sports has been underlined,
as in the case of Zee Telefilms Ltd. & Union
Of India[3],
Justice Sinha's minority judgement emphasized the relevance of sports authorities
in several jurisdictions, including the United States of America, Australia,
the United Kingdom, Scotland, and New
Zealand, where he highlighted the importance of sports in India with a specific reference to cricket. This is one of
the most recent Indian judgments that
discusses the importance of games in great depth. Without question, India has
instilled a strong sports culture in
its citizens from a young age, and sport has effectively become an integral part of its civilization.[4]
Also, in the case of K. Murugan v. Fencing Association of India[5],
the Supreme Court in 1991, the importance of sports in India was explored. The Supreme
Court commented as:
"In contemporary times, sports have been seen as
extremely important to the community. International
sports have grown in prominence and have been the centre of attention for decades.
Small States' performance in recent Olympic
Games has been brilliant and admirable, whereas
the performance of a major country
like India, with the world's
second-largest population,
has been dismal."
Our country lacks a solid sports structure,
despite various federations. Despite this, there are no universal regulations governing betting, gambling,
and match-fixing in our country,
contributing to corruption. There is no mechanism for athletes to negotiate disagreements with federations,
which leads to the departure of many athletes from their respective sports. A
few issues that demand standard
legislation are breaching
agreements and contracts, low compensation for
athletes and their unlawful terminations, and failure to provide financial records. One of the critical concerns that
have to be addressed is the harassment of athletes. There must be provisions in place for a retired athlete's
rights. In India, several cases have involved broadcasting rights[6] and Sports authorities' arbitrary acts[7]. Sports
law should provide
a system of frequent checks and balances to eliminate unfair acts and
penalize those who engage in them.
The Olympic Games Bidding Scandal, the IPL Scam, and the FIFA Scam are just a few examples of situations highlighting the necessity for a standard structure to manage sports in our country. In addition,
athletes' concerns, such as drug misuse, must be eradicated, and stringent
measures must be implemented in this
respect.
GOVERNANCE OF SPORTS IN INDIA:
In India, there are a variety of sports laws.
In the Indian context,
sports regulatory groups
such as the Board of Control
for Cricket in India (BCCI) and the Indian Olympic Association are examples of independent regulatory
entities. The Indian government established the Ministry of Youth Affairs
and Sports to construct infrastructure, attain excellence in various competitive events, and encourage capacity building for broad-based sports
on a national and international level.
The promotion of sports is initially delegated to several National Sports
Federations (NSFs). The Ministry of Sports and Youth Affairs
regularly issues notifications and instructions to
these self-governing entities, i.e. NSFs, for their regulation. The Sporting Authority
of India, the highest authority, coordinates a variety
of sports events.
The Government of India has devised and executed several
initiatives connected to awards, sporting
events, etc. The fundamental goal of India's
National Sports Policy
of 2001 is to attain greatness in sports
at both the national and international levels.
In India, sports legislation is controlled and governed by:
1. Sports
Authority of India
2. National Sports
Policy
3. Sports
Law and Welfare Association of India
4. Sports
Broadcasting Signals (Mandatory Sharing
with Prasar Bharati) Act, 2007.
The National Sports Policy, 1984-2001, whose
principal goal was to increase sports since it
was deteriorating owing to corruption, betting, and other factors. It
was later discovered that the 1984 Bill was incomplete, and its execution
was incomplete. Thus the bill was reformed
in 2001 in an attempt to
amend it. Only after this policy did legislators grasp the importance of sports, and as a result, 'Sports' was
included in the Constitution's State List of the Seventh Schedule (Entry 33). Under the provisions of this policy, the
central government aspires to achieve
national and worldwide excellence in sports and partners with state governments
and other authorities to accomplish so.
The Sports Legislation and Welfare Association of India
is a non-profit national organization whose
primary goal is to understand better the work being done in India to enhance
ethical sports law and promote
sports. It provides consulting services on various topics, including Indian sports policy,
sports injuries, health and safety in
sports, intellectual property issues in sports, and more.
It also serves as a forum
for legal practitioners who represent various
clients to establish rules for sports ethics.
The Sports Authority
of India (SAI), established in 1984, is an apex national sports organization
by the Ministry of Youth Affairs and Sports. It was established to broaden and bring quality to sports throughout India. It spans nine areas,
including Bangalore, Gandhinagar, Chandigarh, Kolkata, Imphal,
Guwahati, Bhopal, Lucknow,
Sonepat, and two academic institutions, the Netaji Subhash
National Institute of Sports (NSNIS)
in Patiala and the Laxmibai National College of Physical
Education in Lucknow. Educational initiatives such as coaching and
physical education awareness programmes are also included.[8]
The primary goal of
the Sports Broadcasting Signals (Mandatory Sharing
with Prasar Bharati)
Act of 2007 was passed for providing access to listeners and viewers to
encourage a larger audience and to
cover sporting events of national importance through mandatory sharing of sports broadcasting signals with Prasar
Bharati and related matters. According to the Act, no content right owner or holder, nor a television or radio
broadcasting service provider, can broadcast
key national sporting events live on television. To do so, it must concurrently
share its live broadcasting signal
(excluding commercials) with
Prasar Bharati.
The Union Government has established a National Anti-Doping Agency (NADA) governed
by the Societies
Registration Act. NADA comprises scientists and Indian Olympic Association delegates (IOA).[9]
It was established in response to the issue surrounding the use of dope by athletes and to assist in regulating
sporting activities to be free of corruption and controversy. Although the enactment of sports laws is
the subject matter of state under the 7th schedule of the state list, entry 33 of the Indian Constitution, no state has
done so. The National Sports Development
Code was adopted in 2011 to manage India's National Sports Federations. Its legitimacy was confirmed in the case of
the Indian Olympic Association v. Union of India by the Delhi High Court[10]. The National Sports Federations carry out their responsibilities following the principles outlined in the
Olympic Charter or the Indian Olympic Association's Charter. The latter's
duties include complete
management, direction, supervision, and regulation of the
discipline and promotion, development, and sponsorship of the profession in sports.
The Ministry of Youth Affairs
and Sports, governed
by the National Sports Federations and led by a cabinet minister, has direct responsibility for
the administration and funding of sports.
JUDICIAL APPROACH
National sports organizations in India field a national
team to represent the country in international tournaments, where robust performance is a source of pride for the entire country.[11]
These organizations also sell telecasting and broadcasting rights to the
winning bidder for large sums of
money, and they profit from advertising in sporting events.[12]
They also take disciplinary measures
against erring players, which may include banning them from the game entirely. These agencies govern
even domestic contests or competitions.[13]
The case of Ajay Jadeja v. Union of
India[14]
ushered in a new age of sports-legal change. There was a lack of an organized inquiry, difficulties with sports integrity,
a system for dealing with the complaint,
and various other controversies. In this case, it was decided that because
sporting organizations serve
public tasks, they are subject
to the High Court's writ
jurisdiction.
The top court supported the premise mentioned
above in Zee Telefilms and Others v. Union of India & Others[15]. In India, this case is known as the Magna Carta of Sports Law. The issue
was around BCCI's unjustified
termination of a broadcasting rights arrangement. The aggrieved party, Zee Telefilms, filed a writ suit
with the Supreme Court under Article 32 of the Indian Constitution. A writ under Article
32, on the other hand, can only be brought against
authority under 12
designated as "State" of the Indian Constitution. The Supreme Court
ruled that the BCCI did not fit under
the definition of "State" as defined by Article 12 of the
Constitution. However, Justice Sinha
(minority opinion) believes that BCCI falls under the category of 'State.' Apart from the Zee Telefilms
case, there are other more judgements that add to India's Sports Law
jurisprudence.
The Supreme Court emphasized the importance of sports in India in the case of K. Murugan v. Fencing
Association of India, Jabalpur[16].
The lawsuit involved the election of members to the Indian Olympic Association's executive Council (IOA).
"This does not appear to us to be a subject
where individual rights in terms of the laws and regulations of the Society
should occupy our attention,"
the Supreme Court said. Sports have been seen as extremely important to the community
in contemporary times. International sports have grown in prominence
and have been the centre of attention for decades. Small States'
performance in recent Olympic Games
has been excellent and respectable, whilst the performance of a major country
like India, with the world's
second-largest population, has been awful." Sports gurus in India are unregulated because of a lack of passion on the part of the states. As a result,
sports organizations step in
to play a role in controlling the situation. The Board of Cricket Control India (BCCI) oversees cricket, the All
India Football Federation (AIFF) oversees football, the Indian Hockey Federation leads hockey, the Sports Authority of India manages
sports, and the Indian
Olympic Association oversees sports. This demonstrates that the Ministry of
Sports Affairs, which
also works outside
to administrate various
sports organizations, is the only focal sports authority in charge of all
sports. There have been instances where financially sound sporting organizations, such as the BCCI,
have refused to join the Ministry and are only
monetary benefits. This issue was discussed in the case of Zee Telefilms v. Union of India[17]; it was said that "Inside India's borders, sports bodies are essentially unaccountable to the state or any other central authority, which
should not be the case given the importance of sports in the modern arena." Although certain
enactments exist, such as the National Sports Development Code, 2011, which governs the National Sports Federation of India, because
sports are considered to be a part of the State
List of the Indian Constitution's Seventh Schedule, the validity of the Code mentioned above was upheld
in the case of Indian Olympic Association v. Union of India[18]
by the Delhi High Court. At the moment, two draught Central Bills, the Prevention of Sporting Fraud Bill, 2013
and the National Sports Development Bill, 2013, are awaiting promulgation. If they are, it will increase public
trust in the existence of Sports Laws in India.
CONCLUSION:
Sports legislation must survive in India for sports and
athletes to develop; legislative action is
required. India must understand that "sports" is no longer
just a collection of athletes
competing for the top spot; it now comprises complex
legal issues in which the players' whole careers are at
stake. This sector produces a separate legal system, which should be given
adequate treatment. Sports law is
unquestionably a rewarding field. With the help of the legislation, an effort should be made to enhance the
athletic environment. Sport is more than just a form of entertainment; it is also a source of national pride. The rise of the Indian Cricket
League and the Indian Premier
League has posed critical problems concerning Competition Law. This adequately demonstrates the necessity to
strengthen Sports Law in India. The Indian sports sector has come a long way. Sports have taken on a corporate
structure that includes a variety of
business interests. Sports issues are gradually becoming a significant focus as
agreements should have the option to
explain parties' expectations and responsibilities, should ensure the competitor's and the brand's big-picture
interests and should factor in regulatory, legal, and various risks inherent in the industry. The country has reached
a point where we require legislation
to govern sports law. It is critical to establish a unified sports code to meet
the increasing demands of the scenario, both national and worldwide. Like India, the United States
and the United Kingdom lack a federal enactment/legislation to govern
sports and sports federations.
Despite this, creating laws in all three divisions of sports law, i.e. amateur, professional, and international athletes
in the United States, provides security to the athletes' interests.
The following are the primary
concerns confronting Indian sports:
• Management blunders
Non-accountability for outcomes
• Inefficient or ineffective use of finances
• Undemocratic or corrupt election
methods in sports
organizations
• Prejudice in national team selection procedures.
As a result, India needs national legislation for the
progress, enhancement, and consistent regulation of sports. Sports is listed as Entry 33 in the State
List of the Seventh Schedule
of the Indian Constitution. Even though there
was a proposal to put sports in the Concurrent List, over which both the state and the centre would
be competent to create legislation, the government has failed to do so. Furthermore, the government has been unable
to execute India's National Sports
Policy despite repeated efforts. The Parliament must pass national sports law
that includes the following
provisions: For starters, it would fund the establishment of a Sports Commission to oversee sports in India. The
Sports Commission intends to:
•
encourage talent discovery and development and involvement in sports at all levels
of foundation, participation, performance, and greatness
•
Sports-related advice to the Ministry of Sports and Youth Affairs;
•
monitor
and take action to ensure
that money given by the Sports Commission to sports federations are correctly used;
•
Guarantee enough funding and resources are allocated to national and provincial sports
federations and their connected organizations
•
must
monitor the execution of sports policies in India, and so on
The
enactment of sports law will focus on game progression, right from the school
level, by combining sports with education and making it a required
topic of learning
up to the Secondary School level. In addition to the Union
and State Governments, supported the inclusion of various organizations, such as Panchayati Raj Institutions,
Educational Institutions, Local Bodies, Sports Associations/Federations would help the utilization, creation,
and proper maintenance of sports infrastructures
such as playfields and stadiums,
both in rural and metropolitan areas. Also, sports
associations and federations will enlist under a unified law rather than registering under the Societies
Registration Act. Funding
allocation to these
organizations/unions would be handled through the Sports Commission
established under the Act. These
federations/associations should be accountable to the Sports Commission in
terms of funding. The Sports
Commission will have the authority
to investigate any mismanagement of money. The Sports Commission will be given the authority to mediate disputes.
It will have the authority
to form boards/panels to adjudicate disputes and punish offenders who violate a set of principles or a code of conduct.
The associations such as the Sports Authority of India will be significantly affected by the Sports Commission and will
solely focus on arranging various
sports events in India. As a result, in a country like India, where almost all
sports are performed, it is hard to
bring concerns to light regarding the same among the people of India unless
there is an order of a relevant
enactment/legislation with that
influence.
Sporting has grown as necessary as any other economic
activity in our nation. There is a need for
standard rules to control sports in our country; otherwise, sports may become
more weak and prone to exploitation.
In its General Assembly resolution 58/5 enacted in 2003, Even the United Nations acknowledged sport as a
method to promote education, health, development, and peace.[19]
The present regulations and authorities are insufficient to attain the goal,
and a new model is required to manage
sports in our nation. Sports are no longer just for fun; they are now a source of national
pride, which necessitates legislative action.
[1] Webster's New World
Dictionary of the American Language, College Edition, 1968.
[2] E Grayson, Sport and the Law 47 (Bloomsbury Professional, 2nd
ed., 1994).
[3] (2005) 4 SCC 649.
[4] Annaliese Nelson, When, Where and Why Does the State
Intervene in Sport: A Contemporary perspective,
Epublications.bond.edu (2005), available at:
http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1000&context=slej
(last visited April 7, 2017).
[5] 1991 SCC (2) 412.
[6] Supra Note 3.
[7] Secretary, Ministry
of Information and Broadcasting v. Cricket Association of Bengal, AIR 1995
SC 1236.
[8] https://en.wikipedia.org/wiki/Sports_Authority_of_India.
[9] "National Anti Doping Agency
formed". The Hindu. 2006-03-31. ISSN 0971-751X.
[10] W.P. (C) 2310/2012.
[11] Grayson E., former President of
the British Association for Sport and Law, in his inaugural presidential address 1 (1) Sport and the
Law Journal, 1993.
[12] Annual Report -
08, Ministry of Youth
Affairs & Sports (Govt.
of India). : 59, 2007.
[13] Zee Telefilms and Others v. Union
of India &
Others, (2005) 4 SCC 649.
[14] 114 95 (2002) DLT 14.
[15] Supra Note 3
[16] Supra Note 5
[17] Supra Note 3.
[18] W.P. (C) 2310/2012, CM APPL.4946
& 17545/2012.
[19] Sport for Development and
Peace, UN General Assembly Resolution, November
3 2003, at http://www.un.org/wcm/content/site/sport/home/resourcecenter/resolutions/pid/19431.
Article Information
THE NEED OF AN EXTENSIVE SOPRTS LAW IN INDIA
Authors: ABINAYA SAIKUMAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/06
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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