Exploring and Analysing Sports Laws in India
Exploring and Analysing Sports Laws in India
Exploring and Analysing Sports Laws in India
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ABSTRACT
Sports law is employed in the sector of Sports, physical education and its related field.
India has been a world leader in its social, cultural and sports heritage. The glory of Indian
sports has outshined India in the world to its proximity. It gave eminent players who
immensely contributed in the field of sports by setting example for the world by its
diversified sports heritage. Sports in India have been one such cornerstone of law which
remains disputed with unsettled position. Sports in India has been monitored and regulated
by the Government of India through autonomous sports federations, who indeed have
monopolistic character and nature in their respective sports field. However, when it comes
to accountability and transparency, these sports federations resist against any scrutiny.
The on-going legal battles and litigation in this diversified field of sports has forced
judiciary to step in and umpire the field. But why there’s no focal sports authority other
than the Ministry of Sports Affairs? What is the systematic function of the distinct sports
authority regulating different sports? Whether the Indian Judiciary’s contribution towards
developing sports jurisprudence has been negligible or not? Is Alternative Dispute
Mechanism an ideal method of resolution of sports disputes?
As the present research revolves around various aspects that fall within the purview of laws
related to sports field in India and the recent reforms made in the legislation concerning
the subject by exploring and analysing the same. This research paper explores and analyses
the critical issues related to the field of sports in the light of relevant judicial responses. It
also throws light on how Indian legislators have not shown much interest in contributing
to sports jurisprudence and it suggests the key sports reforms for the revival of the glory of
sports in India.
I. INTRODUCTION
Sports are considered to be an integral part of a human lifestyle. It has been a significant
ingredient to lead a good and healthy life budding with the spirit of friendly competition
following human development2. Since immemorial time, sports have been seen as a component
1
Author is a LLM student at Galgotias University, India.
2
Anil Kumar Thakur, Reetinder Kaur, Sports Law in India: Present Status and Future Road Map, 15 JOURNAL
OF ADVANCES AND SCHOLARLY RESEARCHES IN ALLIED EDUCATION (JASRAE), 33-40 (2018)
of the entertainment industry. The glory of Indian sports has outshined India in the world to its
proximity. It gave eminent players who immensely contributed in the field of sports by setting
example for the world by its diversified sports heritage.
Sports in India have been one such cornerstone of law which remains disputed with unsettled
position. It has never been a prevailing issue for the legislators or the policy makers. It is mainly
seen as a derivation for entertainment in Indian social space. As per the Seventh Schedule of
the Constitution of India, Entry 33 under the State List provides that the State has the
jurisdiction to make laws on any matter pertaining to sports. Though it falls under the ambit of
State jurisdiction but is played at national as well as international level. This is the reason that
even though national sports bodies like Board of Control for Cricket in India (BCCI) and
Athletic Federation of India (AFI) are self- governing in nature, the Supreme Court of India
and various High Courts have in their judgments proclaimed that regardless the national sports
bodies in India are not included within the definition of State in Article 12 of the Indian
Constitution but they come within the writ jurisdiction of High Courts under Article 226 of the
Constitution of India as they perform state-like functions like, selection of national teams and
representing the country in international sports events and forums. So, the object behind the
present research is to explore and analyse the various issues related to the field of sports in
India in the light of relevant judicial responses. It is important to find out whether the sports
legislations in India are effective to the extent for which they were enacted.
The Constitution of India mirrors the power of the Parliament and the State Legislature
provided under Entry 33 of the State List, to make laws in relation to sports.
“33. Theaters and dramatic performances; cinemas subject to the provisions of entry 60 of List
1; sports, entertainments and amusements.”
At the top of the hierarchy there are international sports bodies for each sports made up of
national bodies of different countries3. The national sports bodies again consist of the state or
provincial bodies of different countries. The provincial state bodies comprise the different
districts or clubs4. There is no national or state legislation in order to regulate sports in India,
rather national as well as provincial sports bodies, clubs, associations or societies are generally
3
2nd Edition MASTERALEXIS, LISA PIKE, PRINCIPLES AND PRACTICE OF SPORT MANAGEMENT 2
(The Club System: Sports and Community; Massachusetts :Jones and Bartlett Publishers; 2005).
4
The Modern Olympic Games: An International Club Event, 5.
set up under the law of societies for the regulation of sports in India. These are autonomous
non-profit making private bodies5. Though there are various autonomous bodies, in spite of
that, it seems apposite that the autonomy of such bodies isn’t absolute and the reason behind
this is the involvement of sports is specifically made under the Seventh Schedule of the
Constitution of India. Furthermore, these sports bodies are registered as associations or
societies in different states of India, hence making them fall under the state jurisdictions.
It is erroneous to presume that the sports regulatory bodies or the sporting events are beyond
the reach of law, specifically when they are not in compliance with Fundamental Rights as
mentioned under Part III of the Indian Constitution. Although, these sports regulatory bodies
enjoy autonomy to a great extent but anyway are subject to the discipline of Fundamental
Rights provided under the Constitution.
Speaking of the Indian scenario, sports regulatory bodies, such as Board of Control for Cricket
in India (BCCI) and Indian Olympic Association are some regulatory bodies which are
autonomous to a great extent. The Government of India set up the Ministry of Youth Affairs &
Sports in order to design infrastructure and achieve excellence in numerous competitive events
and promote capacity building for broad-basing sports at the national as well as international
level. Initially, various National Sports Federations (NSFs) are held responsible for the
promotion of sports. These self-ruling bodies, i.e., NSFs are issued with notifications and
guidelines time to time by the Ministry of Sports and Youth Affairs for the purpose of their
regulation.
Several sports activities are coordinated by the apex body, i.e., the Sports Authority of India.
There are various schemes formulated and implemented by the Government of India relating
to Awards, events of sports, etc. The National Sports Policy of India of 2001 has the main aim
to achieve brilliance in sports at national as well as international levels.
5
Mandell R. Sport A Cultural History New York Columbia University Press, 1984, 46.
Sports Authority of India was established on 16th March, 1984 by the Government of India for
the purpose of look after of the infrastructure created for the IX Asian Games6. The primary
objective of SAI was to implement the existing promotions, schemes and development of sports
pursuits, to persuade people to conduct research works with an objective to bring development
in the sports field and to utilise and construct numerous kinds of facilities, such as residential
facilities, necessary infrastructures, various training centres and centres to conduct
tournaments, championships, competitions, seminars and conferences at various levels.
For the above-mentioned purposes the Sports Authority of India is divided into four wings,
those are, academic wing, operation wing, team wing and stadia wing and each wing is assigned
with different set of functions7.
National Sports Policy was drawn up in 1984. The primary intention of this Policy was to raise
the standards of Sports in the nation. Secondly, it also provided for the reviewing of the
progress in raising the standards, every five years, so that further course of action could be
determined. So precisely the Policy focuses on development of infrastructure, broad – basing
of sports, brilliance in sports, integration with education, and development of National Sports
Federations. Though, the National Sports Policy, 1984 comprehensively included every facet
needed for encouraging sports in the nation, but failed in implementing the same. In 2001, the
National Sports Policy, 1984 was reformulated and National Sports Policy, 2001 was drafted.
The objectives of the National Sports Policy, 2001 were three fold:
i. The agencies responsible for the promotion and development of sports were required
to perform their functions in their own respective areas.
ii. To spot the National Sports Federation, to set priorities and frame the procedures to be
followed by the Federations and to avail government assistance and sponsorship.
iii. To state the eligibility criteria whenever Government has to release grants to Sports
Federations8.
The provisions of the National Sports Policy, 2001 requires the Central Government and the
Sports Authority of India in work in association with the National Sports Federations and the
Indian Olympic Association (IOA) to achieve excellence in sports at national and international
6
Thakur and Kaur, supra note 1.
7
SPORTS AUTHORITY OF INDIA, https://sportsauthorityofindia.nic.in/index.asp?lang=1 (last visited Jan. 27,
2021).
8
Ankita Budhiraja, Sports Law and its Scope, LEGAL DESIRE.COM (Jan. 26, 2021),
https://legaldesire.com/sports-law-and-its-scope/
levels. In order to implement the goals and objectives laid down in the Policy, they must be
substantially realised.
The Sports Law & Welfare Association of India (SLAWIN) is a non-profit, national,
professional, organization whose common goal is the understanding, advancement, and ethical
practice of, "Sports Law" in India for the promotion of Sports, by bringing Legal Practitioners
and Sports persons together9.
The Sports Law and Welfare Association of India has numerous aims to achieve, some of them
are, to provide educational opportunities and disseminate data regarding specific areas of sports
law, provide a forum for lawyers representing athletes, etc., establish rules of ethics for sports
persons, and many more.
The Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (In short
Sports Act) was enacted by the Parliament with an objective to provide access to the largest
number of listeners and viewers, on a free to air basis, of sporting events of national importance
through mandatory sharing of sports broadcasting signals with Prasar Bharati, through
Doordarshan channels. Section 3(1) of the Sports Act reads as under:
“No content rights owner or holder and no television or radio broadcasting service provider
shall carry a live television broadcast on any cable or Direct-to-Home network or radio
commentary broadcast in India of sporting events of national importance, unless it
simultaneously shares the live broadcasting signal, without its advertisements, with the Prasar
Bharati to enable them to re-transmit the same on its terrestrial networks and Direct-to-Home
networks in such manner and on such terms and conditions as may be specified”10.
COMMITTEES
In 2012 during Indian Premier League (IPL), certain players were alleged of being involved in
taking money for betting and spot-fixing and to deal with this a disciplinary committee was set
by the BCCI. After inquiry BCCI banned those for different lengths of time. This decision was
9
SPORTS LAW AND WELFARE ASSOCIATION OF INDIA, https://www.sportslawindia.info/aboutus.htm
(last visited Jan. 27, 2021)
10
MINISTRY OF INFORMATION AND BROADCASTING,
https://mib.gov.in/sites/default/files/Noticedated17october2018onwebsite.pdf (last visited Jan. 25, 2021)
challenged before the High Court of Bombay. The petition challenging BCCI’s decision was
dismissed by the Bombay High Court. Later, an appeal was filed before the Supreme Court of
India for quashing the BCCI’s disciplinary committee’s decision and to constitute a separate
and independent committee to deal with the matter. A multi-member panel was set by the
Supreme Court, that is, the Mukul Mudgal Committee. After looking into the matter, the said
Committee submitted its recommendations along with inquiry report and other inferences
recorded by the Committee to the Supreme Court by concluding that the measures so taken by
the BCCI were insufficient and unproductive, also employment of players in franchise group
companies should be avoided in future. The Committee expressed its concern for the need of
more effective and strict control on Players’ agents, investigating agency, match-fixing events
and the laws must be made stringent.
In the wake of Mukul Mudgal Panel Report, in January 2015 Justice R.M. Lodha Committee
was set up. One of the most important recommendations made by the Lodha Committee was
to set up distinct governing bodies for BCCI and IPL and also recommended for the constitution
of a Player’s Association in order to safeguard the interest and affairs of the cricketers. Also,
the Committee suggested reduction of the number of members in the IPL Governing Council
and the Working Committee.
The case of Ajay Jadeja v. Union of India14 began a new era of legal reforms in the field of
sports. Lack of proper coordinated investigation, integrity issues toward sports, procedure for
dealing with the complainant and several other controversies attached with it. It was held in
this case that as the sporting bodies perform public functions and therefore, are subject to the
writ jurisdiction of High Court.
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
95 (2002) DLT 14
The above-mentioned principle was upheld in the case of Zee Telefilms and Others v. Union
of India & Others15 by the apex court. This case is referred as the Magna Carta of Sports Law
in India. The question that arose in this case was BCCI’s arbitrary termination of broadcasting
rights agreement. Here, the aggrieved party, that is, Zee Telefilms filed a writ petition under
Article 32 of the Constitution of India before the Supreme Court. Although, a writ under Article
32 can only be filed against the authorities which are declared as ‘State’ under Article 12 of
the Indian Constitution. The Supreme Court held that BCCI did not constitute to fall within the
ambit of ‘State’ as per Article 12 of the Constitution. However, Justice Sinha (minority
opinion) opined that BCCI constitutes to fall under ‘State’.
Apart from the case of Zee Telefilms, there are numerous decisions which contribute to the
jurisprudence of Sports Law in India. As in the case of K. Murugan v. Fencing Association of
India, Jabalpur16, the Supreme Court discussed the significance of sports in India. The issue
that arose in this case was regarding the election of the members to executive council of the
Indian Olympic Association (IOA). The Supreme Court commented upon the same as:
“This does not appear to us to be a matter where individual rights in terms of the rules and
regulations of the Society should engage our attention. Sports in modern times have been
considered to be a matter of great importance to the community. International Sports has
assumed greater importance and has been in the focus for over a few decades. In some of the
recent Olympic Games, the performance of small States has indeed been excellent and laudable
while the performance of a great country like India with world’s second highest population has
been miserable.”
Sports experts in India remain ungoverned as there is absence of enthusiasm of States. Hence,
the sports bodies come in to play their part of role in governing the same. There are several
sports bodies and federations, such as Board of Cricket Control India (BCCI) for Cricket, All
India Football Federation (AIFF) for Football, Indian Hockey Federation for Hockey, Sports
Authority of India and Indian Olympic Association at the apex. This shows that there is no
focal sports authority to govern all the sports game other than the Ministry of Sports Affairs,
which also works externally to administer these sports bodies. There are occasions where the
financially sound sports bodies such as BCCI have repudiated to join the Ministry and are only
integrated with to gain monetary advantages. This issue was discussed in the case of Zee
Telefilms v. Union of India17, it was said that “the Sports bodies largely remain unaccountable
15
Zee Telefilms, (2005) 4 SCC 649
16
1991 SCC (2) 412
17
(2005) 4 SCC 649
to the state or any other central body inside the territory of India, which however should not
be the case considering the importance of sports in the modern arena.”
Therefore, a specific enactment is required for the entire nation, though there are certain
enactments such as the National Sports Development Code, 2011 which governs the National
Sports Federation of India, but as sports is held to be a part of the State List of Seventh Schedule
of the Indian Constitution, the above-mentioned Code’s validity was upheld in the case of
Indian Olympic Association v. Union of India18 by the Delhi High Court. At present there are
two draft Central Bills i.e. the Prevention of Sporting Fraud Bill, 2013 and the National Sports
Development Bill, 2013, which are to be promulgated, and if did then it would give further
belief and acceptance in the existence of Sports Laws in India.
The accomplishment of the aim of CAS in Australia, Canada and Australia stands evident to
the success of alternate dispute mechanism in resolving sports disputes internationally.
Although, it is prominent at this point to discover the reasons as to why there is an unexpected
and sudden influx towards these institutions. Owning to the dearth of focal sports bodies in
India, the clue is taken from foreign judgments to resolve sports disputes here.
The general disinclination of Sports authorities cure the countless deficiencies in litigating
sports disputes and submitting the same to the jurisdiction of national courts has been the major
drawback.
For instance, the track star Butch Reynolds case excellently brought a legal action which went
on for four years and some fifteen stages of litigation and arbitration. Eventually, the
International Amateur Athletic Federation (IAAF) refused to appear in the proceedings which
resulted in the winning of Reynolds with a $27 million judgment.
This on the perverse case wouldn’t have happened if the dispute was referred to the Specialized
Sports Dispute Resolution authorities/bodies.
18
W.P. (C) 2310/2012, CM APPL.4946 & 17545/2012
19
Gaurang Kanth, Emergence of Sports Law in India, INDIAN LAW JOURNAL, (last visited Jan. 28, 2021)
https://www.indialawjournal.org/archives
The resolution of dispute through litigation gets pointlessly extended and complicated. The
well-known Lindland's case20 included two contenders for a solitary weight-class position on
the United States wresting group for the 2000 Olympics in Sydney. The non-achiever of the
match, Matt Lindland, complained that the winner, Keith Sieracki, had utilized illicit holds.
The dispute experienced thirteen phases of litigation and arbitration in the federal Courts,
including fruitless appeals to the United States Supreme Court, as well as the CAS. Eventually,
the offended party won both his case and the silver medal in the Olympics. A basic couple of
step arbitration process would have been ideal. In addition, ADR mechanism permits the parties
to get opportune hearing, low overall costs, confidentiality, adaptability and a decision made
by a specialist acquainted with sports. Confidentiality is one of the significant features of ADR
measure in sports. We experience a daily reality such that athletes are respected ethically high
in the general public. Media glare could harm this aspect of Sports. Aside from the achievement
pace of the Sports dispute resolution bodies specialized in alternate dispute resolution
mechanism like CAS, these are few of the advantages of having resort to Alternative dispute
resolution. In the light of the contentions progressed above, I propose that Alternative Dispute
Resolution on a comparative scale is an ideal method of dispute resolution for sports disputes.
A legal action brought at the eleventh hour of a Sports competition can distort the competition.
It brings up vital issues of respecting judiciary and proceeding with the competition as well as
associated inquiries concerning the qualification of the player. In 1994 winter games, elite
skater Tonya Harding21 was blamed for physical assault on her United States competitor. The
outcomes of this ideal suit brought about serious difficulties to the United States Olympic
Committee. According to this in 1998, the United States Congress amended the Amateur Sports
Act, 1978. As per the amendments, a Court may not comprehensively impose any injunction
against the United States Olympic Committee within 21 days of the start of a significant Sports
Competition. Interestingly, none of the Indian Legislations or judicial pronouncements has
imposed any such ban restricting such ideal suits/litigations.
ADR measure permits the parties to get convenient and timely hearing, confidentiality, low
overall costs and flexibility. Further, arbitrators have prowess in the field. Aside from the
success pace of the Sports dispute resolution, bodies specialized in alternate dispute resolution
mechanism such as Court of Arbitration of Sports; these are some of the benefits of having
resort to Alternative Dispute Resolution (ADR)22.
20
Lindland v. United States Wrestling Association, 227 F.3d 1000 (2000)
21
Tonya Harding v. United States Figure Skating Association, 851 F. Supp. 1476 (D. Or. 1994)
22
Shubham Borkar and Parimal Kashyap, Sports Law in India, KHURANA & KHURANA ADVOCATES AND
Sports Law is certainly a rewarding profession. An endeavour ought to be made to improve the
sporting environment with the guide of law. Sport is not restricted to amusement alone but is a
matter of National pride. The rise of Indian Cricket League and Indian Premier League has
begun to raise vital issues with respect to Competition Law in the recent occasions. This
satisfactorily exhibits the need to improve Sports Law in India.23
The Indian Sports industry has advanced significantly. Sports have assumed a corporate
structure with the number of commercial interests included. With expanding market
development and the requirement for clear and comprehensive legal documentation, sport
issues are gradually turning into a significant concentration 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 nation has arrived at a phase where we need an enactment that manages
sports law. To fulfill the expanding needs of the evolving situation, national as well as
international, it is significant that a uniform code for sports be promoted.
Like India, USA and UK don't have a national enactment/legislation to control sports and the
sports federations in the nation. Although, the enactment of legislations in all the three
classifications of sports law, i.e. amateur, professional and international athletes of US offers
security to the interest of the athletes. The key issues faced by the Indian sports include:
Therefore, India needs a national legislation for advancement, improvement and uniform
regulation for sports in India. Sports figures as Entry 33 in the State list of the Seventh Schedule
of the Constitution of India. In spite of the fact that there was a proposition to include sports in
Concurrent List over which both state as well as centre will be competent to make laws,
although, the government has failed to do so. Moreover the government has failed to implement
the National Sports Policy of India even after its repeated endeavours. The Parliament must
enact a national legislation on sports wherein:
Firstly, it will accommodate building up a Sports Commission to regulate sports in India. The
Sports Commission will:
• support talent identification and promote and foster development and participation in
sports at all levels of foundation, participation, performance and excellence;
• monitor and take measures to ensure the proper use of funds allocated by the Sports
Commission to sports federations;
• ensure an adequate allocation of funds and resources to national and provincial sports
federations and their affiliated bodies;
Secondly, the enactment on sports will focus on advancement of game, directly from the school
level by coordinating sports with education by making it a necessary subject of learning up to
the Secondary School level.
Thirdly, in addition to the Union and State Governments, the supported inclusion of different
organizations, including the Panchayati Raj Institutions, Educational Institutions, Local
Bodies, Sports Associations/Federations in the utilization, creation and proper maintenance of
the Sports infrastructure like play fields and stadium, both in rural and metropolitan regions.
Fourthly, the sports associations and federations will no more be independent and self-
governing and will enlist itself under this legislation rather than registering under the Societies
Registration Act and the assignment of funds to these associations/federations will be steered
through the Sports Commission set up under the Act. These federations/associations should be
responsible to the Sports Commission in regard of fund. The Sports Commission will have the
power to carry out investigation in regard of any misappropriation of funds.
Fifthly, the Sports Commission will be empowered to carry out dispute resolution. It will be
empowered to comprise boards/panels for adjudicating disputes and punish offenders for
infringement of set of principles or code of conduct.
Sixthly, the association like Sports Authority of India will be heavily influenced by the Sports
Commission and will exclusively target organizing different sports activities in India25.
Therefore, in a nation like India, where practically all sports are being played, unless there is
an order of an appropriate enactment/legislation with that impact, it is impossible to bring
issues to light about the same among the people of India.
*****
25
Id.
VII. BIBLIOGRAPHY
Primary Sources:
Secondary Sources:
Web Souces:
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▪ https://legaldesire.com/sports-law-and-its-scope/
▪ https://www.indialawjournal.org/archives/volume3/issue_2/article_by_Gaurang.html
▪ http://ignited.in/I/a/56726
▪ https://www.amity.edu/abs/abr/pdf/Vol%2014%20No.2/2.pdf
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▪ http://www.legalserviceindia.com/legal/article-3287-shortcoming-of-sports-law-in-
india.html
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