Sports Law And Its Significance

INTRODUCTION

In India, there are numerous sports and games played, where cricket is the most played sport, although other sports have gained significance over a period of time. Also, India has started organizing multiple national and international sports events but largely failing to get into the major event of Olympics. One of the contributing factors to thisis the lack of uniform regulation in India for sports. There is a need for a legislation that governs sports and brings the various authorities into one roof. India has witnessed litigations on issues of broadcasting rights1 and arbitrary actions of Sports authorities thereby adjudication in the field of Sports generally involves application of several laws.

Therefore, sports law is a combination of laws that applies to athletes and the sports they play. It comprises of varied aspects of tort, trademark, constitutional, contract, tax, criminal, labour, agency etc. These laws have been applied into sports law which includes public order, drugs, safety, disciplinary measures, conduct and wider issues relating to restraint of trade, anti-competitive behaviour, match fixing and the commercial exploitation of sports. Issues like defamation and privacy rights are also an integral aspect of sports law. In India sports figures in the State list of the Seventh Schedule (entry 33) of the Constitution.

There is no national or state legislation for regulation of sports in India as such although, the Ministry of Youth Affairs & Sports was established by the Indian Government for the creation of infrastructure and promotion of capacity development for broad-basing sports and also for the achievement of excellence in different national and international competitive events. Sports promotion is usually the liability of the various autonomous National Sports Federations (NSFs). The Ministry of Sports and Youth Affairs releases notifications and guidelines time to time in order to regulate the Sports Federations.

GOVERNING AUTHORITIES FOR SPORTS LAW

1. National Sports Policy

The main objective for drafting the National Sports Policy was uplifting the standard of sports in India. It was realised that although the legislation was made it lacked implementation and applicability. Eventually, the National Sports Policy was reformulated in the year 2001 replacing the National Sports Policy of 1984. The guidelines enacted provided:

• Defining the liability areas of the various agencies
• Propagate sports
• Ascertaining eligibility criteria for the National Sports Federations in order to cater to the guidelines, setting priorities, and detailing the procedures to be followed for availing Government sponsorship and assistance.
• Defining the requirements of Government which shall help the Sports Federation to utilize the grants.

2. Sports Law and Welfare Association of India

It is a national-level non-profit and professional organization, operating with the common agenda of appreciating, advancing, and ethically practising Sports Law in India for promoting Sports, by joining the legal Practitioners and the Sportspersons. It provides consultation in:

• monitoring the governing bodies which are related to sports,
• general issues relating to sports and the law,
• matters within the sports domain relating to intellectual property,
• online advocacy for legal disputes of sports on behalf of sportspersons and sports bodies, etc.

The association discusses the legal problems affecting sports and also promotes exchange of perspectives of sports law by providing a platform to the lawyers who represent the Athletes, Teams, Leagues, Conferences, Civic recreational programs, Educational institutionsand other organizations involved in professional, collegiate, Olympic, physical education, and amateur sports.

3. Sports Authority of India

It is an apex body in coordinating various sports activities in India and promotes broad based sports. It also conducts programs promoting excellence and supportive outlook through Academic programs, coaching and physical education awareness programs and scholarship schemes to incentivize the sportspersons. Also, operating various Schemes at sub-junior, junior, and senior-level and attempts in broad basing sports and develop excellence by upliftment of the skills of Indian athletes.

4. The Sports Broadcasting Law in India

The purpose of this policy is 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 and related matters therewith.

Significance of Sports Law

• Various legal issues crop up in sports which has to be dealt with ethical and moral set of rules for continued spirit of sportsmanship which shall boost the morale of the players.
• Consultancy services shall be provided to the governing bodies and the players which results into the co-ordination of the legal fraternity and sporting community.
• The recognition of national identity and the spirit of representing India shall override the political decisions.
• The abuse of power or misuse of authority shall be severely dealt with by checking corruptions, tenure gaps and age restriction. Also, if any player is deprived or denied of certain essential facilities, the concerned administrator shall be terminated.
• Salary caps on players and teams should be brought in.
• Practices that create a barrier for new entrants, draw out the existing players and lead to the foreclosure of a competition must not be tolerated.
• A greater sensitivity and legal support must be provided for women players. Perpetrators of harassment and discrimination should be severely punished.
• Research of excellent quality must be encouraged in the area of sports through continuing education.

Sports Law is of national significance apart from personal recreation. There are various legal matters which needs to be addressed and acknowledged with stringent legislative intervention.