INTRODUCTION-
Sport has long been an integral part of Indian culture and tradition, and the emergence of professional sports leagues and events in recent decades has elevated the importance of sports law and governance. While the legal framework surrounding sports in India has progressed over time, there are still areas that require refinement. This article offers a comprehensive examination of the sports law landscape in India, covering governmental policies and legal structures that oversee various facets of sports, such as the management of national sports federations, broadcasting regulations, employment agreements, and mechanisms for resolving disputes. It also delves into issues like the regulation of sports agents, the legality of fantasy sports, and legal obstacles related to sports infrastructure development. By providing an overview of sports law and policy, this article aims to illuminate the current state, evolution, and potential future directions of the sports law environment in India. It serves as a valuable resource for sports lawyers, administrators, and enthusiasts seeking insight into the legal and regulatory challenges within the country’s sports sector.
NATIONAL SPORTS POLICY-
The National Sports Policy was initially introduced in India in 1984 under the auspices of the Ministry of Youth Affairs and Sports to enhance the country’s performance in sports both nationally and internationally.
In subsequent years, revisions were made in 2001 and 2011 to broaden the scope of the policy’s objectives. The primary aims of the 2011 National Sports Policy include:
- Enhancing India’s presence and success in global sporting events like the Olympics.
- Ensuring broader access to sports across all sections of society, particularly focusing on women, persons with disabilities, and those in remote rural areas.
- Upgrading sports infrastructure nationwide by constructing additional playing fields, stadiums, and training academies.
- Providing comprehensive support to athletes through improved infrastructure, equipment, coaching, and scientific assistance.
- Encouraging participation in sports with high engagement but relatively low achievement levels such as soccer, hockey, cricket, tennis, boxing, wrestling, etc.
- Enhancing employment opportunities for athletes by facilitating government jobs and promoting private-sector employment.
- Implementing regulations to oversee sports agents, associations, and other related entities to safeguard athletes from exploitation.
- Combatting issues like doping, match-fixing, and other unethical practices plaguing the sports landscape in India.
These objectives are pursued through initiatives such as the Target Olympic
Podium Scheme, the establishment of Khelo India academies, and collaboration
with private sector entities. The Ministry of Youth Affairs and Sports holds the
responsibility for the overall execution of the policy.
WHAT LAW GOVERNS SPORTS AND ATHLETIC ACTIVITIES
IN INDIA?
Sports law in India is undergoing a process of development without a single, comprehensive legislative framework governing the domain. According to the Constitution of India, sports are within the purview of State governments (listed under Entry 33, State List in Schedule VII). However, in practice, regulations established by bodies like the Sports Authority of India and the ‘Sports Law and Welfare Association of India’ guide the administration of sports.
Additionally, the following laws and regulations play a role:
- The National Sports Policy of 2001, devised by the Central Government, aims to
promote the expansion of sports participation and excellence both nationally and
internationally. - The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act of
2007.
WHAT ARE THE AUTHORITIES FOR SPORTS IN INDIA?
Ministry of Youth Affairs and Sports
National Sports Federation
Sports Law and Welfare Association of India
Sports Authority of India
Team sports also have their governing bodies like BCCI and the Indian Hockey Federation.
WHO FORMULATES VARIOUS SPORTS POLICIES IN INDIA?
The Ministry of Youth Affairs and Sports is the authority that formulates policies regarding sports in India.
WHAT ARE THE LAWS ABOUT SPORTS BROADCASTING?
The enactment of laws regarding sports broadcasting was necessitated by the predominance of private channels in sports television. The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007, commonly known as the Sports Act, was introduced to ensure universal access to ‘sporting events of national importance.’ This law requires private owners of sports content to share their broadcasts, without advertisements, with Prasar Bharati, the government broadcasting network. Prasar Bharati then disseminates the event via Doordarshan and All India Radio across the country. This legislation was prompted by a ruling from the Madras High Court in the case of Citizen, Consumer and Civic Action Group & Anr. v. Prasar Bharati & Ors. The case, initiated in 2004 in the context of an India-Pakistan cricket series scheduled to take place in Pakistan, arose because Ten Sports had obtained the global television and radio broadcasting rights for the event. The Indian government encountered challenges in securing terrestrial rights to broadcast these matches live. In its decision, the court, considering the balance of convenience, directed the live transmission of footage on Doordarshan while allowing Ten Sports’ logo to be retained and honoring existing advertisement contracts.
HOW DO SPORTS-RELATED DISPUTES GET RESOLVED IN
INDIA?
Presently, there are no dedicated channels for resolving sports disputes in India. While conventional court procedures can be utilized, they are often sluggish and lack the specialized expertise required for such cases.
The Court of Arbitration for Sport (CAS), established in 1983 as the principal international body for resolving sports disputes, inspired the creation of the Indian Court of Arbitration for Sports (ICAS) in 2011. However, the effectiveness of ICAS was called into question, notably in the Sushil Kumar v. Union of India case, which underscored the deficiencies in India’s sports dispute resolution framework and emphasized the need for urgent reforms. More recently, the Sports Arbitration Center of India was established in 2021. Nevertheless, its efficacy remains unproven.
CONCLUSION-
In conclusion, the landscape of sports law in India reflects the country’s rich sporting heritage and its aspirations for excellence on both national and international platforms. While significant strides have been made through policies like the National Sports Policy of 2011 and legislation such as the Sports Broadcasting Signals Act of 2007, there are still areas requiring refinement and improvement.
The absence of a comprehensive legislative framework for sports law underscores the need for specialized mechanisms to address disputes within the sporting realm efficiently. The establishment of the Sports Arbitration Center of India in 2021 represents a step towards filling this gap, although its effectiveness remains to be seen.
Moving forward, India must continue evolving its sports law infrastructure to ensure fair play, safeguard the rights of athletes, and promote the growth and accessibility of sports across all segments of society. Through collaboration between governmental bodies, sports federations, and other stakeholders, India can strive towards achieving its sporting goals while upholding the principles of integrity and transparency.
