Introduction:
Sports have a special place in our life as most of us as children have played some kind of sports at school or college and some of us have chosen it as a career. In a country like India, some people see sports as a mere source of entertainment and not as a legitimate career option. Even though this mindset is changing as we can see that the sports industry in India is highly competitive and has a global reach. Since sports is being taken seriously and India has been successful in developing Sports into something bigger than just personal recreation, it also faces certain problems in the Sports Industries. The bigger the platform the more the complexes like hosting big events, handling media, providing licenses to the sportspersons, and ensuring ethical sporting practices all over the country. Such complex issues can be dealt with with the introduction of proper laws that can safeguard the interests of the sports industries and also restore a balance.
Since law plays an important role to provide justice and peace and if we don’t have proper law, everything will eventually fall apart. It is crucial to have an established legal framework to regulate sports so that impediments like racism, doping can be prevented and monitored. Sports law helps to protect gender equality, prevent betting and gambling, professional management in sports, address antitrust and competition policy issues related to sports, and regulate sports broadcasting rights. Different associations have been established to oversee the global governance of sports like for Cricket there is International Cricket Council for Football there is Federation International Football Association and for Athletics, there is the International Association of International Federations. Likewise, many nations have also set up such associations at National Level and India is one of those countries.
India does not have a specific sports law. Sports features in the concurrent list of the Indian Constitution, and therefore, both the union and state legislation can formulate laws relating to sports. Certain states of our country have made efforts to formulate their state-specific sports law to promote sports and games and to enhance athletic efficiency in the State and extend and promote the concept of “Sports for all” at all levels. Since there is no hard and fast rule for the state to make such laws, not every state in the country is seen making the same efforts.
Sports Law in India
In India, sports have never been a mainstream issue for policymakers. Sports law in India is a collection of some Court Cases and Policy decisions under the Centre. India has never enacted a statute in the field of sports like many other countries. Sports is listed as a State subject under the Constitution of India under entry 33, and as such Central Government has no locus standi to legislate on Sports. Most of the time, due to the absence of any specific enactment, provisions of various statutes have been applied for sports-based issues. The guiding light behind the Indian Sports is the judicial decisions of the Supreme Court and other High Courts. It is one of the most challenging tasks while dealing with sports law reforms at the national level. Lawmakers in other countries across the world have made significant endeavors in the development of legal frameworks relating to sports jurisprudence that is yet to be developed, although several sports authorities are present.
The question that might come across one’s mind is if there is no specific enactment then how are the legal issues of sports guided?
The Ministry of Youth Affairs & Sports[1] was founded by the Indian Government to build infrastructure and promote capacity building for a wide range of sports, as well as to achieve excellence in numerous competitive events at both the national and international levels. This ministry releases notices and instructions for the regulation of National Sports Federations regularly. It is the responsibility of the (NSF), which is self-ruling, to promote sports.
The Sports Law in India is guided by the following:
- National Sports Law Policy
- Sports Law and Welfare Association of India
- Sports Authority of India
- The Sports Broadcasting Law in India.
The National Sports Policy[2] was created to uplift the standard of sports in the country. It was decided that the policy would be reviewed every 5 years to assess and decide upon the further necessary course of action following such review. Unfortunately, it has been revealed that even as the policy borders various areas related to encouraging sports in the country, its implementation is incomplete. Broadcasting of sports and achieving excellence at the national and international level is the main objective of the National Sports Policy 2001 by integrating sport and physical education. As a result, a new Sports Policy must be framed in more firm terms to spell out the specific measures that should be taken by the agencies involved in the promotion of sports in the country, as the implementation of the sports policies of 1984 and 2001 was slow, and the policy’s goals and objective have yet to be substantially completed.
Sports Law and Welfare Association of India[3] works intending to bring Legal Practitioners and Sports Persons together, the SLAWIN is a national non-profit and professional association. Its mission is to promote sports through the understanding, advancement, and ethical practice of sports law in India. It offers advice on a variety of topics, including general sports and law issues, intellectual property issues in sports, and many more.
Sports Authority of India was established to coordinate various sports activities in India and has also played an integral part in promoting sports. The SAI is divided into wings i.e. academic wing, team wing, operations wing, stadia wing. Each wing performs different functions that come under their command.
The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Act[4] was enacted and implemented in 2007, to provide access to more listeners and viewers, on a free to air medium. The act says that without simultaneously sharing the live television broadcast on any cable, DTH, or Radio in the country of sports events having national significance unless it is being shared on Prasar Bharti enabling them to re-transmit the same.
The Indian Judicial System’s Actions
Now that we’ve seen the government’s different legislative initiatives. Let us now look into the various cases that helped to reform and give a new shape to the Sports Law in India.
The Supreme Court’s judgment in Zee Telefilms Ltd. & Anr vs Union of India[5] is considered as the Magna Carta of the Indian Sports law. In this case, the BCCI had arbitrarily terminated the broadcasting contract agreements with the Zee telefilms. The agreements were made to telecast the test matches. Zee telefilms, the plaintiff, filed a writ petition under Article 32 of the Indian Constitution, against the violation of its right. A petition filed under Article 32 can be maintainable only against the authorities who come under the ambit of “state” under Article 12 of the Constitution of India. The question before the apex court was whether the BCCI comes under the ambit of Article 12[6] or not. Through a majority judgment, the bench held that BCCI is not a State within the meaning of Article 12.
However, Justice Sinha in his minority opinion observed that BCCI is a State. During his judgment, he described the significance of Sports in India while particularly referring to cricket. His minority judgment discussed the imperativeness of the role played by the sports authorities across the world in various jurisdictions. This is perhaps the only ruling India that has mentioned the importance of games with such comprehension.
The minority opinion of this case has played an important role in developing sports law in India. Judges of various courts have applied the said precedence in determining various cases.
The opinion of Justice Sinha impacted various Judgements as was used as a precedent while giving judgments related to federations like the BCCI. This case is indeed a landmark case in reforming the Sports Law in our country.
Judgment of the Delhi Highcourt in the case of Ajay Jadeja v. The Union of India[7] started a new reign of legal reforms in sports. In this case, it was held that sporting federations perform certain public functions and therefore are subject to the writ jurisdiction of the high court. The principle was upheld in Zee Telefilms v. Union of India by the Supreme Court. Integrity issues, lack of proper coordinated investigation, the process of dealing with complaints were highlighted in the wake of IPL and other disputes.
Following this, the Supreme Court asked the Law Commission to look into whether BCCI is a public authority or not and to make suggestions in July 2016. The Law Commission in its report suggested that BCCI should be brought under the purview of RTI Act 2005. The report said that the BCCI is eminently qualified to be classified as a ‘state’ under Article 12 of the Constitution. If this recommendation is brought into force the BCCI shall be responsive to PILs in Supreme Court and High Courts.
The Cricket Association of Bihar v. Board of Control for Cricket in India & Anr[8]. The case was another significant case that established Indian sports legislation. In this case, the Bihar Cricket Association filed an appeal with India’s Supreme court over the BCCI’s modifications to the laws for “players,” “umpires,” and “administrators,” allowing it to have “commercial interest” in t20 competitions. In this case, the court upheld the petition, claiming that it was executing “public functions” as previously held by courts. Concerning the BCCI’s administrative dominance, the court held that it is obliged to act fairly and in good faith in all of its activities and that officeholders in such sports should be considered “public servants.” The court formed a three-member commission named the ‘Lodha Committee’ to decide on the fairness of the BCCI’s changes, including its ‘commercial interest’ in the administration. The committee investigated the role of the then-President of the BCCI “N. Srinivasan” in alleged administrative irregularities.
One of the most important suggestions made in the establishment of separate governing bodies for the IPL and BCCI is the Lodha Committee’s[9] Recommendations. The report also recommended that a Player’s Association be formed to protect the interest of the cricketers. The court concluded after reviewing the report that the alteration was unreasonable and unjust because it violated the concept of transparency and fairness in the discharge of public functions and administration.
The Lodha committee report is regarded as a road map for all sports federations in our country in terms of legislation and functions. It has established regulations for the operation of the BCCI, the appointment of its members, and the fairness and rationality that the President and higher authorities must maintain while doing their official tasks.
The Murugan Etc. Etc v. Fencing Assn. of India, Jabalpur[10] emphasized the importance of the Olympic games in India. This is one of the most well-known cases in India for emphasizing the relevance of sports legislation. In the judgment, Justice Ranganath Mishra held that the Olympics in India began in 1990. The Olympic Association of India[11] oversees the Indian Olympic Games. According to the judge, the Indian Olympic Association, in collaboration with the state Olympic Associations, shall promote the games to offer suitable training facilities for the athletes. Both organizations are expected to collaborate on game promotion and competitions from time to time, according to reports. This decision covers all of the Olympic Association’s standards, regulations, and roles, as well as the selection of authorities. This judgment is considered important because here an attempt was made to bring the Centre and State together to work more efficiently for the betterment of the players in our country.
The High Courts and the Supreme Court of our country have always tried their best to impart fair and just judgments in matters related to sports. But there is a need to constitute a ‘Sports Tribunal’ to resolve sports-related disputes to receive speedy justice. The only resource available to an athlete or sports federation is to directly approach the courts to resolve their dispute or grievance. Since the sports industry is growing in India, there is a need for an effective and independent dispute resolution mechanism in India. This could be done by forming an independent tribunal under the Sports Regulatory Authority of India.
Politics and Sports
Sports and Politics go hand in hand. Several political rulers have promoted games and sports. In our country, political leaders have made provisions for the promotion of games and sports since Independence. Various committees were set up and schemes were introduced but leaders of our country decide the destiny of sports in our country. Our leaders use sports to promote nationalism but along with it, they promote their political propaganda to increase their vote banks.
It is in the hands of the political leaders and the Government to boost sports in our country and to uplift sports in the country.
Conclusion
The procedure of sports law reforms in India has gained attention and would not die quickly. But the fact that till now there is not even single separate legislation on sports law to prevent various frauds and cheating is disappointing.
The Judiciary of our country has made certain landmark remarks in this field but there is a need for our legislature to take steps and bring reforms. Introducing a bill in the Parliament like the Draft of Prevention of Sporting Fraud Bill(2013) and then after a few years subsiding it is disappointing. Such actions make the citizens of our country believe that our legislature is not keen to improve the sports industry like the other countries in the world. There is a need for comprehensive sports law in India.
Sports law should also be included in the curriculum of the law students. So that the upcoming lawyers are well versed with the topic and are inclined toward practicing sports law as their career option.
If importance is given to sports and sports law, it will encourage our athletes to come forward and report cases. As they will know that their voice will not go unheard and that remedies are available for them too.
In our country, where people have started to show interest in various and almost all types of sports unless there is a proper up-to-the-mark enactment, it is impossible to raise awareness amongst the citizens.
We have come a long way in this field but we still have miles to go before we reach our destination and be proud of our reforms.
References:
[1] Ministry of Youth Affairs and Sports (Oct. 11, 2021, 3:45 PM), https://en.m.wikipedia.org/wiki/Ministry_of_Youth_Affairs_and_Sports.
[2] National Sports Policy, 2001, https://yas.nic.in/sites/default/files/National%20Sports%20Policy%202001.pdf.
[3] Aims of Sports Law & Welfare Association of India, https://www.sportslawindia.info/aims.htm.
[4] The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Act, 2007 https://legislative.gov.in/sites/default/files/A2007-11_0.pdf.
[5] Zee Telefilms Ltd. & Anr vs Union Of India & Ors, A.I.R 2005, 4 S.C.C. 649.
[6] Article 12, The Constitution of India, 1950.
[7] Ajay Jadeja v. Union of India, 95 (2002) DLT 14.
[8]Cricket Association of Bihar v. Board of Control for Cricket in India & Anr (2015)3 S.C.C. 251.
[9] Justice R.M. Lodha Committee’s Report.
[10] Murugan Etc. Etc v. Fencing Assn. of India, Jabalpur, 1991 S.C.R (1) 658, 1991 S.C.C. (2) 412.
[11] Dignath Sehgal, Ten Cases that shaped sports law in India, iPLEADERS (Dec. 21, 2020), https://blog.ipleaders.in/ten-cases-shaped-sports-law-india/?amp=1.
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