SPORTS LAW IN INDIA AND HOW CAN IT BE USED FOR SPORTS DEVELOPMENT

ABSTRACT

India primarily has a single law in sports which is dedicated to the operation of sports in India. According to 33rd Entry of Schedule VII’s State List, the Indian Constitution expressly specifies that governments of states are in-charge of sports. In reality, administration of sports is governed by laws created by the Sports Authority of India and the “Sports Law and Welfare Association of India”. following laws and regulations also apply:

2001s National Sports Policy, formulated by the Union Gov. for achieving greatness in sports at both national and international levels, as well as “broad basing” of sports.

Act of 2007 requiring mandatory signal sharing with Prasar Bharati for sports broadcasts.

KEYWORD: Single, Sports Law, Solely, SAI, National Sports Policy, Sports Broadcasting Signals.

INTRODUCTION^{^[1]}

Most of us participated in sports as children in school or college, and some

even made it their job. Sports hold a special place in the hearts of people. Sports participation maintains the body’s physical and mental health, which has health benefits. In addition, some people have a strong enthusiasm for a particular sport, which drives them to excel. Then again, some people only view sports as a form of enjoyment. Children in countries like India begin showing interest in different sports activities at a very young age. These children don’t require suitable grounds or equipment to play sports like cricket or badminton. Today, India’s sports sector is quite competitive and has a broad reach. The money made from this industry makes up 3% of global trade. It is becoming more significant in both the social and political realms. India confronts specific issues with the sports industry since it has effectively turned sports into something more than just a means of personal enjoyment. This may entail organizing major athletic events, managing sponsorship and the media, giving athletes access to facilities and licenses, and promoting fair play in the sport across the nation. Such complex concerns may be resolved by enacting appropriate legislation that would protect the interests of the sports industry and restore equilibrium. As the Business continued to experience scandals and poor management in the system during the ensuing years, additional regulations were created, and several groups were established to control Indian sports law.

RESEARCH METHODOLOGY

IMPORTANCE OF SPORTS LAW IN INDIA

In sports: It us used in addressing issues such as match-fixing, betting, corrupt practices, and other forms of misconduct that can undermine the fairness and credibility of sports events.
Sports Infrastructure and Development: Sports law contributes to developing sports infrastructure in India by facilitating regulations related to establishing sports facilities, funding mechanisms, tax incentives, and public-private partnerships.
Sports Broadcasting and Media Rights: Sports law governs the broadcasting and media rights in sporting events and ensures that appropriate licenses are obtained, intellectual property rights are protected, and fair distribution of broadcasting revenues takes place.
Sports Safety and Liability: Sports law ensures the safety of athletes, spectators, and other stakeholders involved in sporting activities. It addresses player safety protocols, injury liability, insurance coverage, and risk management issues.

Sports Betting and Gambling Regulations: With the growing popularity of sports betting and gambling in India, sports law plays a vital role in regulating and monitoring these activities for preventing fraud, money laundering, match-fixing. Sports law is crucial for India, as it governs and regulates various aspects of sporting activities, organizations, athletes, and their rights. Here are some key points highlighting the importance of sports law in India:

Governance and Regulation: Sports law provides a legal framework for managing and regulating sports activities in India. It establishes guidelines, rules, and regulations to ensure fair play, integrity, and accountability in sports.
Protection of Athletes’ Rights: Sports law in India focuses on safeguarding the rights and interests of athletes. It covers contracts, doping regulations, disciplinary actions, anti-discrimination measures, intellectual property rights, image rights, and sponsorship agreements.
Organizational Structure: Sports law defines the organizational structure of sports bodies, including national and state-level sports federations, clubs, and associations. It outlines their roles, responsibilities, and accountability to maintain transparency and avoid malpractices.
Anti-Doping Measures: Indian sports law includes anti-doping guidelines that adhere to international norms established by groups like the World Anti-Doping Agency (WADA). It preserves the integrity of sporting events by banning the use of illegal drugs and techniques..
Dispute Resolution: Sports law provides mechanisms for resolving disputes in sports, including athlete grievances, disciplinary actions, selection controversies, and contractual disputes. It may involve arbitration, mediation, or other alternative dispute resolution methods to ensure a timely and fair resolution.
Sports Integrity and Ethics: Sports law promotes ethical behavior and integrity

Sports law in India is essential for maintaining sports integrity, fairness, and development. It protects athletes’ rights, establishes rules and regulations, resolves disputes, and promotes a vibrant and inclusive sports ecosystem in the country.

REGULATION OF SPORTS IN INDIA ^{^[2]}

Courts of India’s given judgments as well as government’s policy and decisions make up the body of sports legislation in India. In contrast to some other countries to be discussed, India has never passed a law in this area. The term “Sport’s law” was taken into the Indian legal system, just like many other legalnotions. The Indian Constitution’s entry 33, the seventh schedule, and the state list all apply to enacting sports laws, which are state-level (federal) matters. Sports law has yet to be adopted by any state.

JUDICIAL REVIEW UNDER WRIT JURISDICTION

The BCCI, officially recognized as a society on November 28, 1940, operates as a monopoly in organized cricket within India. Its authority extends to granting permission and approval for aspiring cricketers to represent their State, zone, or the country itself, be it the likes of Rahul Dravid or M.S. Dhoni. Cricket, which has transcended its traditional image as a leisurely sport played in England by the privileged class, now holds significant societal importance. It serves as a pathway to a better life for many individuals, contributing to financial upliftment and providing career opportunities. The BCCI plays a crucial role by offering these opportunities and takes on the responsibility of managing all aspects of cricket in India through its extensive network.

In the legal proceedings of Zed Telefilms Ltd. & Anr vs. Union Of India & Ors, which concluded on February 2, 2005, the BCCI’s classification as a “State” under Article 12 of the Indian Constitution was established. However, during the appeal, Dr. Singhvi, the senior counsel representing the BCCI, argued that the BCCI should be considered a “private club” and that it does not bear any public duty as mandated by law. He further contended that the BCCI is a non-statutory body, does not receive financial assistance from the government, and is not subject to government control. Based on the aforementioned explanation, these claims lack persuasiveness.

In the case of Rahul Mehera vs. UOI, Delhi High Court in 2004, it was established that any entity, whether public or private, could be subject to court review under Article 226 of the Constitution if it is involved in a public duty or function. The BCCI, as the central authority responsible for cricket in India, has achieved its prominent status due to its management, talent, the nation’s passion for the game, and implicit endorsement by the government. The BCCI has taken on various tasks and responsibilities, many of which can be classified as civic duties, while others may fall under private law, such as individual contracts or company policies that do not apply to the general public. Hence, in all circumstances going forward, the BCCI can be considered within the scope of Article 226. The BCCI seeks the court’s validation of this perspective, acknowledging that dismissing the petition on grounds of maintainability would be unjustifiable based on the precedent set in the case of Rahul Mehera..

Indian Hockey Federation (IHF) The organization referred to as functions as an autonomous society that has gained acknowledgment as a prominent national-level sports federation. Its primary objective is to foster and advance the game of men’s hockey throughout the nation. This organization operates independently and is officially registered under the Societies Registration Act of 1860

MINISTRY OF YOUTH AND SPORTS^[3]

The National Dope Testing Laboratory (NDTL) operates under the Youth Ministry and is responsible for conducting analytical testing on samples and conducting research related to doping analysis. It was established and enrolled in the year 2008.In order to receive permanent accreditation from the International Olympic Committee and WADA, the lab underwent modernization in 2002.

SPORTS AUTHORITY OF INDIA^{^[4]} – In accordance with Resolution No. 1-1/83/SAI dated 25 January 1984 of the Department of Sports, Govt. of India, the Sports Authority of India (SAI), a With the intention of promoting sports and games as mentioned in the Resolution, the successor organisation of the IXth Asian Games, held in New Delhi in 1982, was created as a Society registered under the Societies Act, 1860.

INDIAN OLYMPIC ASSOCIATION^{^[5]}( The IOA is a Registered Society) The primary sports organization in the country for Olympic sports is responsible for coordinating the involvement of the Indian team in multiple sporting events, including the South Asian Games, Asian Games (including outdoor, indoor, and beach disciplines), as well as the Olympic and Commonwealth Games. Each sport, whether Olympic or non-Olympic, has its own national-level federation that is affiliated with or acknowledged by the Indian Olympic Association (IOA).

The National Sports Federations Associated with Indian Olympic Associations are Recognised Each Year by the Ministry of Youth Affairs and Sports.

As per the judgment of the High Court of Delhi on January 7, 2010, in the case of Indian Olympic Association vs. Veeresh Malik & Ors., it was determined that the Indian Olympic Association qualifies as a “public authority” under the Right to Information Act.
Athletes from their individual countries must be sent to the Olympic Games, according to the National Olympic Committee (NOCS). Teams and competitors can only be chosen and sent to the Olympic Games by a NOC.

According to the Olympic Charter, the IOA has sole authority to represent India at the Olympic Games and any other regional, continental, or multi-sport events that are supported by the IOC. In other words, the IOA’s primary role is to serve as the nodal organisation for Indian sports delegations at various international sporting events. The IOA also asserts that it is the pinnacle of all National Level Sports Federations and serves as the IOC’s national face. It has the authority to associate with or acknowledge other national sports federations, which in turn have the authority to choose and fund athletes to compete for their nation in competitions. The Indian Olympic Association (IOA) and National Sports Federations have been particularly listed as an item in the Government of India Allocation of Rules1961 the Youth Affairs and Sports Ministry. It is argued that the IOA qualifies as a public authority for these reasons.

National Sports Policy (NSP) 2001

As outlined in the National Sports Policy of 2001, the Central Government, State Governments, the Indian Olympic Association (IOA), and the National Sports Federations collaborate in pursuit of two primary objectives: “Broad-basing” sports and “Achieving Excellence in Sports at the National and International Levels.” This policy emphasizes the collective efforts of these entities to promote sports at a wider level, ensuring accessibility and participation, while also aiming for excellence in sports performance at both the national and international stages.

National Sports Development (NSD) Code 2011

The National Sports Development Code of India, 2011, encompasses the various orders and circulars that the government has periodically issued regarding sports development. It serves as a comprehensive document that incorporates and consolidates these directives to provide a unified framework for the development and regulation of sports in the country

Development of Indian Sports through Sports Law

The sport has been practiced in India and other countries since the beginning. Ancient Greece and Rome organized various sporting events as an essential component of their cultures. The history of Indian sports culture dates back numerous millennia. Sports events and activities have transformed from being a common past time to a multi-billion dollar industry. Many governments around the world are spending a tonne of money on sports development to promote sport and tourism, small companies, neighborhood development, and various other things. Japan lost over $6 billion due to the postponement of the Tokyo Olympics 2020, which shows how important sports are to the country’s economy. Due to several circumstances, the Indian athletic ecosystem is often considered “under development.” The medals tally’ at international athletic events is one of the crucial factors. Another element is the importance given to the actual growth of sports (including funding, infrastructure development, workforce development, etc.). There is still a need for significant development in India’s general approach to and management of professional and amateur sports, even if the founding of the Sports Authority of India in 1984 boosted overall participation and perception of sports and sports careers. The broad perspective on sports and physical activity is a crucial issue that requires immediate attention.

It is recognized that a sports policy provides a goal and a direction for the growth of sports. The document’s primary purpose is nonetheless diluted by the physical goals in the “vision,” such as “winning xx medals in yyy competition.” A person studying or teaching in xx universities won’t necessarily develop an education policy to win YYY Prize. The goal is far

more extensive and intricately linked to educational philosophy. In sports policy, it is necessary to adopt a similar strategy where the overall goal precedes the physical aims.

Dedicated Sports Law will directly benefit young talent, providing ground-level development to these upcoming players. The root-level infrastructure will also be developed, which will have all the basic amenities, which is an essential requirement for the all-around growth of any individual sportsperson, and this will lead to the growth of the whole sporting infrastructure of the country.

In terms of the workouts involved in terms of the changes in muscle length, joint motions, oxygen intake, heart rate, blood pressure, and other variables, sports are categorized scientifically and medically. A static exercise involves little to no movement of the muscles or joints while producing a significant intramuscular force. A dynamic exercise, on the other hand, involves increased movement and variations in muscle length, and joint movement, which results in a minor increase in intramuscular force. Any sport or activity incorporates both of these exercises/activities, and this intensity is used to categorize sports medically. However, other methods exist to classify sports in a general layperson’s sense. For instance: There are more than 35 different categories of sports activities during the summer Olympics.^[6]

REVIEW OF LITERATURE

Implications which can be solved today by Sports Law^{^[7]}

Mismanagement and Corruption in Sports Authorities

Central Bureau of Investigation (CBI) filed corruption allegations against the Sports Authority of India (SAI) after four administrative wing employees were suspended for wanting a 3% discount on an 19 lakh rupees for transportation. This exemplifies the current corruption problem in India. The BCCI has been harmed by corruption, nepotism, lack of accountability, lack of transparency, the grant of administrators unrestricted authority, and poor management of finances and revenue., according to Rajendra Mal Lodha, a former Chief Justice of the Supreme Court, who made this claim in an interview. India is a large country, and many regions offer various sports. Each of these therefore receives funds, but because there isn’t a reliable method to monitor out for misuse and poor administration, the management and distribution are difficult. Even though he acknowledged the necessity for a well-known organization to oversee sports-related concerns, the lack of an apparent authority means that disputes are often brought before judges who fail to properly apply the law and leave cases outstanding while occasionally finding a resolution.

Lack of Funds

The Central Government allocated Rs. 2,596.14 crore in the Union Budget for 2021–22, which is 8.16% less than the sum from the prior year due to the spread of COVID–19.. Additionally, the Khelo India Program’s cash allotment was decreased from Rs. 890.42 crore to Rs. 657.71 crore. The rewards for athletes were cut from Rs 70 crore to Rs 53 cr. Funding for the SAI- the Commonwealth Games has decreased from rupees 75 cr to Rs. 30 crore. To a total of Rs. 25 crores, the National Sports Development Fund’s funding was cut in half. Due to a lack of money, infrastructure construction and stadium upgrades were also delayed due to the epidemic.

A systematic SPORTS LAW in India will be very beneficial in coping with these problems and other problems related to the sports sector. Various sports will be coming under the parentship governed by one single law, which will help the sports reach the zenith of all time. The talent in sports that India has in it is vast and needs to be nourished in a well-structured manner. Hence, implementing a well-structured law will help our country’s sports growth.

With the development of Sports, the sports sector will flourish, and other sectors such as tourism, entertainment, music, dance, and Business will all touch new heights.

Lets discuss each of them separately;

Tourism – With sports flourishing, people will be more inclined towards sports, resulting in traveling people visiting the sites where the sports are being played, the stadium, or venues. International even of sports will also bring International tourism to our country. People will be coming just for sports but will also be engaging in other essential activities such as staying in a hotel and eating food in a restaurant, which will also help other businesses.

Entertainment – People traveling to other cities and from other countries will give stay for whatever number of days maybe, and during their staying period, a maximum of them will be engaging themselves in various entertainment activities apart from watching sports. People may go to pubs and clubs after the match or visit places of special attraction to that city or locality.

Music and Dance – With the advance of any sporting event, an opening and closing ceremony is parallelly organized, which requires people and equipment for managing various programs, including dances and singing. This results in the growth of the music sector as well.

Buisness – Businesses of all forms flourished with the advancement of sports or sporting events. From constructing infrastructure to organizing significant sporting events on the international stage, such as OLYMPIC and WORLD CUP of different sports.

CONCLUSION

Sports Law will help the growth of sports as well as other sectors in an economy because a comprehensive law will help the regulations to happen in a smooth and mannered way, which will remove many implications such as corruption, delays, lack of funds, lack of proper infrastructure, lack of an appropriate method for addressing the issues faced by the players. The importance of Sports Law hence can be easily identified here. Though multiple judgments and laws exist to regulate sports in INDIA, those differ from the laws that can control it to reach its zenith. As their existing laws in the environmental sector, animal protection and other sports also need a dedicated comprehensive law.

Currently, wrestlers protesting at DELHI are a fine example of the need for Sports Law. If there had been a Sports Law, addressing their grievances would have been easier for those sports persons. Hence, the importance of Sports Law can be seen and felt very deeply, especially in present times.

NAME : ARYYA SINHA ( XAVIER LAW SCHOOL ; ST.XAVIER’S UNIVRERISITY, KOLKATA).

^[1] Everything you need to know about sports law in India – iPleaders

^[2] SSRN-id2973042.pdf

^[3] SPORTS LAW IN INDIA – Advocatetanmoy Law Library

^[4] SPORTS LAW IN INDIA – Advocatetanmoy Law Library

^[5] Sports Policy 2007| National Portal of India

^[6] India’s sports policies : Between Ideas and Implementation (simplysport.in)

^[7] Implications of sports laws in India – iPleaders

Name – Aryya Sinha; Xavier Law School (ST.XAVIER’S UNIVERSITY),KOLKATA