Complexities of Sports Legislation in India

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Complexities of Sports Legislation in

India: Major Challenges and Need for


Reforms

By,

Abdul Ahadh F,
BA.LLB (2022-27), Erode College of Law, Erode
Contact: +917200524114,
ahadhlaw@gmail.com
&
Karthika J,
BA.LLB (2022-27), Erode College of Law, Erode
Contact: +919952206195,
karthikavenmathi@gmail.com

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ABSTRACT

India's sports sector faces numerous challenges in terms of effective legislation,


governance, and regulation. Despite the country's passion for sports and impressive athlete
performances, the lack of a comprehensive sports law framework hinders development and
perpetuates issues in sports legislation .

Numerous issues plague the sports environment in India, making it difficult for the
industry to grow and be regulated. This paper explores the critical issues with Indian sports law,
with a particular emphasis on match-fixing, corruption, bidding scandals, player mistreatment,
and sexual harassment. These issues not only damage sports' integrity but also eradicates public
confidence and impede the industry's expansion. The study also explores the inadequate
recognition of lesser-known sports, which despite their potential, receive little funding and
publicity. By analysing these major issues this paper urges to sort these issues in an emergent
manner to rectify the damaged face of sports of the country, and also to ensure the well-being of
athletes.

The paper argues that addressing these challenges requires a cohesive and modern sports
law framework, emphasizing transparency, accountability, and athlete-centric approaches. By
understanding these challenges, policymakers and stakeholders can work towards creating an
effective regulatory environment that fosters sports growth, integrity, and excellence in India.

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KEYWORDS
1. Sports Law: Compendium of laws and regulations governing sports activities,
organizations and participants in a country.

2. Management: A system by which sports organizations are managed, controlled and


accountable

3.Corruption: Dishonest or unethical behaviour by those in power, often involving


bribery, corruption, or other forms of illicit gain.

4. Match fixing: The act of deliberately manipulating the outcome of a sporting event to
achieve a predetermined outcome

5. Sexual harassment: Unwanted or inappropriate sexual behavior, often involving


coercion or abuse of power

6. Bidding Scandal: A bidding scandal in sports typically involves corruption or


unethical practices related to the process of awarding hosting rights for major sports events

7. Integrity Framework: A set of guidelines and policies designed to protect fairness


and transparency in sport

8. Matchfixing : Match-fixing in sports is when players, referees, or others involved in a


game deliberately influence the outcome, usually to ensure a specific result

9. Betting Scandal: A betting scandal occurs when people place bets on matches
knowing that the outcome has been fixed

10. Diversity in sport: Promote and include a wide variety of sports, athletes and
participants regardless of gender, race or popularity of the sport.

11. Gambling: the activity of betting money.

12. Independent Supervision: Monitoring the body, as the person who is monitored is
not affected.

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SYNOPSIS

1. INTRODUCTION:............................................................................................................................... 5

2. HISTORICAL CONTEXT OF SPORTS LEGISLATION IN INDIA:........................................... 5

3. MAJOR CHALLENGES OF SPORTS LEGISLATION:................................................................ 6

3.1 BIDDING SCANDALS............................................................................................................................ 6

3.1.1 CASE STUDY:.................................................................................................................................6


3.1.2 ISSUES IN LEGAL SYSTEM:.......................................................................................................7

3.2. MATCH FIXING AND BETTING SCANDALS:.......................................................................... 7

3.2.1. CASE STUDY:................................................................................................................................7


3.2.2. ISSUES IN LEGAL SYSTEM:......................................................................................................8

3.3. SEXUAL HARASSMENT AND ILL TREATMENT OF PLAYERS:.................................................... 9

3.3.1. CASE STUDY:................................................................................................................................................9

3.3.2 ISSUES IN LEGAL SYSTEM.....................................................................................................................11

3.4. LACK OF PROMOTION FOR LESSER KNOWN SPORTS:................................................................. 11

3.4.1. CURRENT SCENARIO...............................................................................................................................11

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4. COMPARATIVE ANALYSIS: SPORTS LEGISLATION IN OTHER COUNTRIES................12

4.1. AUSTRALIA........................................................................................................................................ 12

4.2. UNITED KINGDOM............................................................................................................................ 12

4.3. UNITED STATES OF AMERICA (USA)............................................................................................... 13

5. SUGGESTIONS OF REFORMS IN INDIA:................................................................................... 13

5.1. INDEPENDENT OVERSIGHT BODY:................................................................................................... 13


5.2. SPECIFIC LEGAL FRAMEWORK FOR HARRASMENT ISSUES:.......................................................... 14

6. CONCLUSION................................................................................................................................... 15

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1. Introduction:
India, a nation with a strong sporting heritage, has advanced significantly on a global
scale because of its athletes' success in a variety of sports. Indian sports have come a long way,
from boxing, badminton, and athletics to cricket.. But underlying this surface of success is a
complicated web of issues that pose a danger to the nation's sports' growth and credibility.

Numerous problems exist in the Indian sports ecosystem as a result of insufficient laws
and governance. Bidding scandals, corruption in sports administration, match-fixing, and player
exploitation are widespread issues that not only degrade the sport's image but also undermine
public faith. The absence of a comprehensive sports legislation framework in India has enabled
these concerns to remain, affecting the overall growth of sports.

Furthermore, the hardships of athletes, particularly women, who experience sexual


harassment and abuse exposes deficiencies in the protection of player rights. Furthermore, lesser-
known sports face challenges in gaining attention and support, while cricket and a few other
renowned sports reign dominant. This mismatch not only suppresses the growth of various
sports, but also denies bright athletes opportunities.

2. Historical Context of Sports Legislation in India:


Influenced by the country's colonial history and subsequent development as an
independent country, sports governance in India has changed significantly over the years. During
the British colonial period, sports like cricket, hockey and football were introduced to India and
gradually became an integral part of Indian society. However, organized sports management only
started to take shape after independence.

The establishment of the Indian Olympic Association (IOA) in 1927 marked an important
step in the formalization of sports governance in India. The International Olympic Committee is
responsible for organizing the country's participation in the Olympics and other international
events. Over time, various national sports federations were formed to govern specific sports,

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such as the Board of Control for Cricket in India (BCCI) for cricket and the All India Football
Federation (AIFF) for football.

In the past few years, the Indian government has implemented policies and frameworks to
regulate and support sports. Introduced in 2011, the National Sports Development Code of India
(NSDCI) is the most significant among these. The Ministry of Youth Affairs and Sports has a key
role in managing sports governance in India. It is in charge of setting policies, distributing funds,
and overseeing sports federations' performance. The NSDCI has encountered difficulties in
carrying out its goals, especially in securing adherence from sports federations, despite its good
intentions. Additionally, the framework does not fully cover topics such as corruption, athlete
well-being, and the advancement of less popular sports.

3. Major Challenges of Sports Legislation:

3.1 Bidding Scandals

3.1.1 CASE STUDY:

A major concern in Indian sports administration is the high occurrence of bidding


scandals, which have tainted the transparency of the process to win the opportunity to
host important sporting events. An example that stands out is the 2010 Commonwealth
Games (CWG) in New Delhi, which was marred by accusations of widespread
corruption. The CWG scandal included inflated agreements, misuse of funds, and many
abnormalities in the tender process for infrastructure projects and services.

The fiscal impact of these scandals is significant, frequently resulting in large


budget increases and misuse of taxpayer money. In the case of the CWG, the projected
budget of ₹1,620 crore surged to about ₹70,000 crore due to corruption and

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mismanagement1. This not only sparked public anger but also greatly tarnished India's
standing in the global arena.

3.1.2 ISSUES IN LEGAL SYSTEM:

India's legal system does not have clear rules to stop or deal with corruption in the
bidding procedures for sports events. Although there are broad anti-corruption laws such
as the Prevention of Corruption Act (1988), they do not specifically address the nuances
of sports management. Furthermore, there is a deficiency of autonomous oversight
organizations with the power to supervise and probe into the bidding procedures of
sporting events.

Lack of transparency and accountability during the bidding process allows for
corruption to thrive. Contracts are frequently given without thorough research and there
is little examination of the financial transactions included. The absence of legal
consequences and the inability to hold authorities responsible worsen the issue, leading to
scandals happening without consequences.

3.2. Match Fixing and Betting Scandals:


3.2.1. CASE STUDY:

The Indian Premier League (IPL) is infamous for its history of spot-fixing and
financial discrepancies, which have consistently affected the tournament. In 2013, the IPL
was shaken by a significant scandal where players, team owners, and officials were
involved in unauthorized betting and match-fixing activities. The case of spot-fixing and
betting in the 2013 Indian Premier League gained attention when three Rajasthan Royals

1
Shobhna Aggarwal March 19, 2021 https://blog.ipleaders.in/commonwealth-games-scam-legal-timeline/
http://www.thehindu.com/sport/other-sports/cwg-committee-ioa-come-under-rti-act-court/article77008.ece, Jan 7,
2010
The Economic Times (India) http://articles.economictimes.indiatimes.com/2011-04-25/news/29471351_1_dig-s-
kpalsania-suresh-kalmadi-cwg-scam

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cricketers, S Sreesanth, Ajit Chandila, and Ankeet Chavan, were arrested for their
involvement in spot-fixing.

The IPL Governing Council later convened and determined that strict action
would be taken against the cricketers. All three of the parties are currently suspended
while an investigation is ongoing. The arrest of Gurunath Meyappan (son-in-law of N
Srinivasan, then BCCI chairman and CSK owner) on charges of betting came after this
significant event. Rajasthan Royals owner, Raj Kundra was also apprehended for the
same allegations. This was succeeded by the establishment of the Justice Mukul Mudgal
Committee to investigate the accusations of corruption against Meyappan and Kundra,
among others2.

Match-fixing and illegal betting have been a curse for Indian sports for a long
time, especially in cricket. The 2000 scandal, which implicated ex-Indian cricket captain
Mohammad Azharuddin and others, caused a major uproar in the nation and exposed the
strong connections between players, bookmakers, and criminals.

Mohammed Azharuddin, a former captain of India and one of the best batsmen in
the world of cricket, has been banned for life by the Board of Control for Cricket in India,
or BCCI. and declared the suspensions of three more players as well as the former
physiotherapist of the Indian team. Ajay Sharma, who represented the nation in a single
test match against the West Indies in 1989, was likewise given a permanent ban.
Ironically, the man who instigated the controversy by accusing others of match-fixing,
Manoj Prabhakar, was banned for five years for his association with bookmakers, along
with middle-order batsman Ajay Jadeja and physiotherapist Dr. Ali Irani.3

3.2.2. ISSUES IN LEGAL SYSTEM:

2
Pratap Alexander Muthalaly , JAN 7,2021 , https://blog.ipleaders.in/case-study-of-the-ipl-spot-fixing-and-betting-
case/#Overview
3
Pradeep Magazine, International Herald Tribune
Dec. 6, 2000 https://www.nytimes.com/2000/12/06/sports/IHT-azharuddin-and-4-others-are-punished-for-cricket-
match-fixing.html

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Firstly there is no independent bodies with the power to audit and oversee the
functioning of sports federations. So they can conduct regular audits, investigate
allegations of corruption, and enforce penalties against those found guilty.

Secondly, there is no transparency and accountability for sports federations should


to disclose their financial dealings, decision-making processes, and criteria for selection
and funding.

Finally, India's legal approach to combat match-fixing has been insufficient, as


current laws such as the Indian Penal Code (IPC) and the Public Gambling Act (1867) are
not equipped to address the complexities of contemporary betting and match-fixing. Even
though the Lodha Committee, selected by the Indian Supreme Court, proposed various
solutions for regulation of sports betting, but many of these suggestions have not been put
into action.

3.3. Sexual Harassment and Ill Treatment of Players:

In an RTI response, it was revealed that SAI received 45 complaints of sexual harassment
between 2010 and 2020, with 29 complaints directed towards coaches. Five coaches had their
pay reduced as a penalty, two coaches had their contracts terminated, one was suspended,
five were cleared of any wrongdoing, and sadly, one coach died by suicide

3.3.1. CASE STUDY:

1) 2010 Sexual Harassment Allegations in Indian Women's Hockey:

Several players accused Maharaj Kishan Kaushik, the coach of the Indian
women's hockey team, of sexual harassment in 2010. The players claimed that the coach
had made improper advances and bullied them while at national camps.

Part of the letter reveals that Coach MK Kaushik requested sexual favors from
young players and summoned them to his room under the guise of 'team meetings'.4

4
Arghya-Ganguly, JUL 20,2010,
https://timesofindia.indiatimes.com/sports/hockey/top-stories/woman-hockey-member-alleges-
sexual-harassment/articleshow/6193245.cms
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2) 2022 Cycling Coach Sexual Harassment Allegation:

In June 2022, a scandal arose in Indian cycling after a female cyclist reported
"inappropriate conduct" by national team head coach RK Sharma at a training camp in
Slovenia. The elderly female cyclist claimed that Sharma had allegedly entered her room
without permission, proposing a massage after training and expressing a desire for her to
become his wife while at the national team's camp in Slovenia. Following the report of
the incident, Sharma and his assistant were accused of inappropriate behavior by another
cyclist.

After a few days, Deborah Herold from Andaman, who is the reigning national
champion and also holds international gold medals, exposed his predatory actions. Herold
claimed that the team's toxic environment under Sharma prevented cyclists from reaching
their full potential.

Sports Authority of India (SAI) ended the agreement with chief cycling coach RK
Sharma on June 8, 2022.5

3) Case of Tamil Nadu coach sexually abusing athletes 2022:

A well-known sports coach in Chennai, P Nagarajan, wasa alleged a sexual


harassment complaint filed by a 19-year-old national-level runner. She claimed that the
coach would make inappropriate physical contact with female athletes, under the guise of
assisting them with physiotherapy and stretching. Two months following the initial
report, seven additional athletes, including some who have competed for India, raised
similar complaints.

5
Dolly Chingakham ,New Delhi, Jan 20, 2023, https://www.indiatoday.in/india/story/actions-
taken-in-sexual-harassment-allegations-by-sportspersons-in-india-2324194-2023-01-20

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Nagarajan has been taken into custody and is currently confronting charges under the
IPC and POCSO Act.6

4) Gymnast, coach booked for sexual harassment:

During national camp for the 2014 Asian Games at Delhi's Indira Gandhi Sports
Complex, a female gymnast made allegations of sexual harassment against Coach Manoj
Rana and gymnast Chandan Pathak. The female gymnast informed the authorities that the
pair made inappropriate comments about her outfit and also said lewd things about her.

The male gymnast and his coach were charged with sexually assaulting the female
gymnast. However, on September 17, 2014, while the SAI initiated an investigation into
the sexual harassment allegations, the accused gymnastics coach Manoj Rana and
gymnast Chandan Pathak traveled to Incheon for the 17th Asian Games.7

3.3.2. ISSUE IN LEGAL SYSTEM:

The POSH Act of 2013 is India's main law dealing with sexual harassment in the
workplace. Nevertheless, its effectiveness in the sports industry is restricted due to the
lack of enforcement mechanisms in many sports organizations. Furthermore, the POSH
Act fails to account for the distinct characteristics of the sports industry, where the
unequal power dynamics between coaches and athletes can increase the likelihood of
harassment

3.4. Lack of Promotion for lesser Known Sports:

3.4.1. CURRENT SCENARIO:

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TANYA ARORA , JUNE 2, 2023, https://sabrangindia.in/battling-indian-sports-industry-cries-
justice-women/

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TANYA ARORA , JUNE 2, 2023, https://sabrangindia.in/battling-indian-sports-industry-cries-
justice-women/
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The sports landscape in India heavily favors a select few popular sports, with
cricket being the dominant one, receiving the majority of media coverage, funding, and
public interest. The excessive attention given to certain sports has resulted in the neglect
of lesser-known sports like kabaddi, wrestling, archery, and athletics, making it difficult
for them to receive proper support and recognition.

The effect on athletes participating in these sports is significant. Limited funding


results in reduced chances for training, visibility, and competitive opportunities. The
absence of proper facilities and expert guidance continues to impede their progress,
leading many gifted athletes to give up on their sports aspirations. The lack of attention
from the media towards these sports results in minimal to zero coverage, impacting
sponsorship and public interest as a result.

4. Comparative Analysis: Sports Legislation in Other Countries

4.1. Australia

Australia provides a strong example of how a solid sports governance system can
effectively tackle issues such as corruption, safeguarding athletes, and encouraging a variety
of sports. The Australian government established the Australian Sports Commission (ASC) to
oversee sports governance, development, and integrity, playing a crucial role. The ASC,
working with Sports Integrity Australia, guarantees that sports organizations follow the
highest levels of governance and ethics.

A crucial aspect of Australia’s sports laws is the implementation of the National


Integrity Framework, which ensures a thorough strategy for protecting the integrity of sports.
This framework consists of guidelines for anti-doping, match-fixing, child safeguarding, and
member protection. The actions taken by Australian sports organizations have greatly
decreased the occurrence of corruption and misconduct in sports.

Additionally, Australia has effectively promoted various sports by providing specific


funding and improving infrastructure. The Australian Institute of Sport (AIS) is vital in
developing talent in different fields and providing necessary assistance to less popular sports.

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The dedication of the government to promoting diversity in sports has also contributed to the
achievements of Australian athletes in various disciplines like swimming, cycling, and
athletics.

4.2. United Kingdom

The UK has put in place a strong legal structure to tackle the issues encountered by its
sports industry. The UK Sports Governance Code, implemented in 2017, outlines compulsory
governance requirements for all sports bodies that receive public funding. This code
prioritizes openness, responsibility, and variety in leadership to guarantee that sports
organizations function with honesty and equity.

The firm regulation of betting and match-fixing is a key strength of the sports
legislation in the UK. The 2005 Gambling Act, which oversees various types of gambling,
contains measures to prevent unlawful betting and safeguard the legitimacy of sports
competitions. The UK Gambling Commission collaborates with sports organizations and law
enforcement to oversee betting and look into instances of match-fixing.

The UK has also taken proactive steps to tackle problems regarding athlete well-
being. Establishing entities such as UK Anti-Doping (UKAD) and British Athletes
Commission (BAC) guarantees protection for athletes against doping, harassment, and
various forms of abuse. These organizations offer athletes the necessary resources and
assistance to report improper behavior and pursue justice.

4.3. United States of America (USA)

In the United States, sports laws consist of both federal statutes and state rules that
work together to tackle the issues in the sports industry. The Sports Agent Responsibility and
Trust Act (SPARTA) is a federal statute that safeguards college athletes from dishonest sports

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agents. SPARTA mandates that agents must reveal their connections with athletes and forbids
deceptive tactics.

The USOPC has a vital role in supervising sports governance in the United States.
The SafeSport initiative by the USOPC stands out for its thorough policies and resources
aimed at preventing and addressing abuse and harassment in sports. The creation of the U.S.
Center for SafeSport, a separate organization, further emphasizes the nation's dedication to
safeguarding athletes.

The United States has also made considerable progress in fostering a varied sports
environment. With initiatives such as Title IX, the nation has guaranteed that women have the
same chances to engage in sports at every level, ranging from school athletics to professional
organizations. This trend has resulted in the development of women's sports in the United
States, with successful results in disciplines such as soccer, basketball, and track and field.

5. Suggestions of Reforms in India:

5.1. Independent Oversight body:

India can gain advantages by creating autonomous organizations like Australia's


Sports Integrity Australia or the UK's Gambling Commission. These entities should be able
to oversee sports administration, look into claims of misconduct, and ensure that legal
requirements are met.

Independent bodies are required to audit and oversee the operations of sports
federations. These institutions must be empowered to carry out routine audits, probe
accusations of corruption, and impose sanctions on individuals proven to be culpable.

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Legislation should have sections for monitoring betting, working with international
organizations to detect illegal activities, and imposing strict penalties on individuals engaged
in corrupt behaviors.

5.2. Specific Legal framework for Harrasment issues:

A specialized and thorough legal system is urgently required to address sexual


harassment in sports and provide better protection for athletes. The distinct dynamics of the
sports setting, where athletes frequently face high pressure, physical closeness, and power
structures with coaches and officials, leave them especially susceptible to such misconduct.
Current legislation, though important, may not always be enough to address the complexities
of harassment in sports, as the hierarchical structure and team dynamics can hinder victims
from reporting incidents.

This framework should expand upon workplace harassment laws and be customized
for the specific requirements of the sports industry. All individuals in leadership roles, such
as coaches, officials, and support staff, must undergo required, specialized training to grasp
the severity of sexual harassment and how it affects athletes. This program needs to address
both the legal consequences and ethical duties of individuals in sports to establish a secure
and respectful atmosphere.

Moreover, it is crucial to set up independent mechanisms for addressing complaints.


These organizations must function separately from sports federations to guarantee neutrality
and equity in handling and resolving complaints. Athletes need a secure and private way to
report harassment incidents without worrying about retaliation or harm to their professional
lives. These organizations should have the power to carry out in-depth inquiries, impose
sanctions, and offer healing justice for those who have been harmed.

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Sports federations are also responsible for ensuring the safety of their athletes. It
is crucial for the legal framework to have severe consequences for federations and
organizations that do not adhere to these standards.

By implementing such a specific legal framework, India can take a significant


step towards safeguarding its athletes, ensuring that sports remain a domain of
excellence, integrity, and mutual respect. This framework would not only protect current
athletes but also send a strong message to future generations that their safety and well-
being are paramount

5.3. Promoting Lesser Known sports:

India can boost less popular sports by enhancing funding and infrastructure
specifically for these disciplines. Collaborations between the government and private
sector can aid in constructing training centers and offering financial assistance to athletes.
Increasing media coverage through specialized sports channels and digital platforms has
the potential to elevate public awareness and engagement. Encouraging youth
participation by incorporating less popular sports into school and community programs.
Arranging national competitions and providing global visibility can also boost the
reputation of these sports. Furthermore, offering rewards and acknowledgment for
athletes who excel in these sports can motivate more involvement and raise their prestige.

6. Conclusion
India is currently at a crucial point in the growth of its sports industry. The obstacles
posed by corruption, mistreatment of athletes, and lack of attention to minor sports are
notable, yet they can be overcome. India has the potential to revolutionize its sports
environment by installing a thorough sports law system that focuses on transparency,
accountability, and the well-being of athletes.

Countries such as Australia, the UK, and the United States show that sports legislation
can create a more inclusive, fair, and successful sports setting. India needs to make
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courageous changes in its sports administration to safeguard the integrity of sports and to
ensure the protection and support of athletes.

India has vast potential for growth in its sports sector as it looks ahead to the future.

JAI HIND!!!

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