Emerging Sports Law in India
Emerging Sports Law in India
Emerging Sports Law in India
Introduction
Sports law is based on how the law in general interacts with the sports activity.
Different from theoretical laws, it is a pure law. Sports law is not only an
applied law in the field of sports, physical education and its related field(s); but
also a blend of laws in a number of jurisdictions.
Jurisdictions
Some jurisdictions have passed separate legislation relating to sports. For
example, in India sports information is in the Concurrent list of the Seventh
Schedule (entry 33) of the Constitution on which both the union and state
legislatures are proficient to put together laws. There are 3 States; Rajasthan,
Himachal Pradesh and Uttar Pradesh, which have enacted laws on
regulating sports activity including registration, regulation and recognition of
Sports Associations (Uttar Pradesh has since repealed the Act).
History
Human beings are drawn in sports activities since times immemorial. From the
initial days of human civilization till date, sports have evolved from a source of
personal entertainment to a global industry encompassing more than 3% of
world trade. In the UK, sports provide employment to more than 420,000
people. It is one of the main revenue generating industries of the world and with
the propagation of the Internet and other forms of media, the sports industry is
growing at a faster tempo. An industry of billions of dollars with an allencompassing worldwide presence is bound to raise its own disputes. This has
resulted in the growth and development of sports law as a separate regulation in
its own right.
Recently
The front pages of newspapers are generally reminders of human idiocy dishonesty, corruption, rape, kill, illicit sex and drug abuse. Therefore, many
sidestep the front news and move on to the sports section to explore something
more exciting. However, recently sports have had an unusual sprint on the front
page owing to its own flawing. Indian wrestler Narsingh Yadav drug doping
affairs although he got cleared, the Olympic Games bidding disgrace, Cricket
series of falls over match fixing, payments from bookies and Ranatunga
muddle, reveals the cynicism of sports.
Functioning of Sports
The international sports body for each sport, made up of national bodies of
different countries is at the top of the hierarchy. The national sports bodies
comprise the provincial or state bodies of different countries. The provincial
state bodies comprise the different districts or clubs.
In many countries, such as India, national as well as provincial sports bodies,
clubs, associations or societies are more often than not is set up under the law of
societies. These are autonomous non-profit making private bodies. Additionally,
many of these are also established as non-profit associations under the company
law jurisdiction in the UK and commonwealth countries including India. These
associations cannot dole out their surplus or make payment of dividends to
members. Their surplus, if any, has to be exclusively and wholly applied for
furtherance of organizational objectives.
In many states, such as India, these national sports bodies field the national
team on behalf of the country for participation in international competitions
where first-rate performance is a matter of pride for the whole country. They
mull over the players for participation and selection. These bodies also grant
telecasting and broadcasting rights to the successful bidder for heavy sums and
also receive revenues from advertisement in sports events. They also take
punitive action against the erring players including debarring them from the
game. These bodies control even domestic matches or games within the
country.
Despite the fact that these are private bodies, up till now in realism they are
performing significant public functions in the field of sports where national or
public interest is at best, similar to public or governmental authorities as
regulators and facilitators of the game in the field of sports. In view of that, in
the said countries including India for enforcement of their public duties and
obligations right Constitutional Writs of High Courts lie against these private
bodies like any public or Government Authority.
In India, the budding "Sports Law" is newly-fangled. There are some pressing
issues that need awareness:
Additionally, sports law should endeavor to: produce high quality research in
the field of sport and the law; provide up to date information on current sports
law issues including a resource of sports law material; provide consultancy to
sportsmen and sports bodies concerning sports law issues; promote
undergraduate and postgraduate study, research and continuing education in
sports law; promote ethical solutions to legal issues in sport and notions of
"Fair-Play"; and positively address all issues of discrimination in sport.
Conclusion
The emergent interaction between sports and law has shaped a new need for a
greater understanding of how the law relates to the sporting world. India needs
expert sports law consultants to meet an amalgam of diverse legal disciplines
such as sports law and policy, contract, tort, taxation, labor, competition, TV
rights, match fixing and related criminal laws. In my opinion legal
practitioners and sports persons must come together to understand, advance,
promote and ethically practice sports law in India.