Navigating the Legal Field: An Overview of Sports Law in India
INTRODUCTION
India’s prominence in the world of sports can be traced back from the Mahabharata which describes a game of Chaturang[1] which was played between the Pandavas and the Kauravas. Sports has been given importance in India and has given us many prominent players who set an example for whole world. Even before Independence, Indian hockey team had a gold-laden period having won 6 consecutive gold medals in the row from 1928 Amsterdam Olympics till 1956 Melbourne Olympics.[2]
However, Sports has always been seen as an entertainment in India and the policy makers never cared to updated the legal framework governing the same. The laws pertaining to Sports comes under Schedule Seven of the Constitution of India, Entry 33 under the State list. Moreover, national bodies like Board of Control for Cricket in India (BCCI) and Sports Authority of India (SAI) are self-governing in nature but the Supreme court and High court have time and time intervened in saying that they do come withing the jurisdiction of High courts under Article 226 of the Constitution of India. With the growing interest of people in sports, it is no more only an activity of entertainment but business of huge revenue. The need of the hour is a comprehensive legal framework for regulating sports activities and to sustain that emerging interest of people in sports.
SPORTS LAW IN INDIA
The Constitution of India gives power to the State legislature under Entry 33 of the State List to make law regarding sports. The bare act reads as follows:
“33. Theaters and dramatic performances; cinemas subject to the provisions of entry 60 of List
I; sports, entertainments and amusements.”
Federations like International Sports Federation (ISF) and International Olympic Committee (IOC) are international bodies with the duty to maintain and manage different sports around the world. These committee are responsible for conducting the Games of Olympics.[3] These federations have a legal framework which deal with international sports law and check upon them regularly. Some of the legal frameworks are International Association of Sports Law (IASL), the International Sports Dispute Resolution Forum (CAS) and the World Anti-Doping Agency (WADA).
Similarly, the Union of India has a duty to promote sports throughout nation.[4] The government has established a different ministry for the development of sports in nation knows as “Ministry of Youth Affairs and Sports” headed by the Anurag Thakur. The regulating bodies like IASL, India has Indian Olympic Association (IOA) which is responsible for managing the Indian teams for the Olympic Games as well as Asian Games and etc. In National level, bodies like SAI and BCCI have been promoting sports along with the development of players in the nation. In the case of “Zee Telefilms Ltd v Union of India”[5] wherein the court heard the issue whether the BCCI is a state or a national body. The court held that BCCI cannot be given the status of state as it is not created with the virtue of any legislative authority.
However, the interesting part is that even though having many regulating bodies in the nation, India doesn’t have a central legislation or a stringent policy under which these bodies operate.
The National Sports Policy 2001 was introduced to achieve excellence by cooperating several federations in India. But generally, the area of sports law has always been neglected by the policy makers. However, with the emerging interest in sports in India, there has been an escalation in number of cases filed in the judiciary system which are not negligible. In the case of “K. Murugan v. Fencing Association of India, Jabalpur”[6], wherein the court emphasised that how sports are significant in India. At present there are two drafts which are “the Prevention of Sporting Fraud Bill, 2013 and the National Sports Development Bill, 2013” which are pending to be promulgated and when passed will further strengthen the fact of acceptance of sports law in India. However, policy makers cannot run from the fact that the sports law has not been implemented by any States. Even though, the subject matter is liberated from the government but is suffering from inadequacies.[7]
CONCLUSION
The intervention of legislature is a must to flourish sports law in India. India has to realize that “sports” is more than just a competition between athletes; it also entails intricate legal matters and is a risk to the athletes’ entire careers. This area is producing a distinct legal system that merits consideration.
India making a history in 2020 Tokyo Olympics and the rise in Indian Premier League (IPL) shows how Indian Sports Industry has developed in recent years. These advancement comes with many issues pertaining to Competition law and that’s why a need to improve the legal framework of Sports Law in India. With the present government aiming to host Olympics and bedding for the same[8], the need for a stringent legal framework becomes an issue which needs to be addressed. As a result, until there is an order of proper enactment/legislation having such power in a country like India, where nearly all sports are conducted, it is difficult to express worries regarding the same among Indians.
Author:- Sparsh Gupta , in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
BIBLIOGRAPHY
Primary Sources:
- Constitution of India
- National Sports India
- Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
Secondary Sources:
- Yadav, M., & Chandel, A. S. (2018). Sports Law in India-An Evolving Discourse Or a Need for Paradigm Shift.NUALS LJ, 12, 21.
- Singh, V. K. (2017). Issues in Emerging Area of Sports Law: Lex Sportiva.May, 22, 114-147.
- Paul, R. (2021). Exploring and Analysing Sports Laws in India.Issue 1 Int’l JL Mgmt. & Human., 4, 2003.
- Thakur, A. K., & Rani, R. Sports Law in India: Present Status and Future Road Map.
- Sudarshan, M. (2019). The Emergence of Sports Law. Int’l JL Mgmt. & Human., 2, 383.
- Justice Mukul Mudgal Committee Report
- Justice R.M. Lodha Committee Report
[1] Chess originated in ancient India and was known as Chatur-Anga – Meaning 4 bodied, as it was played by 4 players. From this name we have its current name Shatranj.
[2] Writer, O. C. (2020, March 20). Indian hockey men at the Olympics: A gold-laden history. Olympics.com.
[3] Clark, Sherman J. “Why Sports Law.” Stan.L.& Pol’y Rev. 28(2017): 151.
[4] Sawhney, Aashima. “The Laws of Sports-A Global Overview (Part 1).” Ct. Uncourt 5 (2018): 12.
[5] Zee Telefilms Ltd v Union of India AIR 2005 SC 2677
[6] K. Murugan v. Fencing Association of India, Jabalpur 1991 SCC (2) 412
[7] Rose, I. Nelson. “Supreme Court Asks for More Info on NJ’s Sports Betting.” Gaming Law Review and Economics 21.2 (2017): 147-149
[8] Abdul Haleem Sherif, & Abdul Haleem Sherif. (2023, November 3). Can India host Olympics without meeting the economic fate of Greece and South Korea? Outlook Business & Money.
