Legal Desire International Journal on Law November 2020 ISSN: 2347-3525 169 Legal Desire Media & Insights www.legaldesire.com Sports and Law: An Indian Perspective Akanksha 35 , Aarlin Moncy 36 , Aprajita Chauhan 37 , Aayushi Tiwari 38 , Admar Rene De Sousa 39 Abstract Bennett & Stuart Baird ‘‘is not a typical area of law. Unlike, for example, antitrust, contract or employment law, each of which is distinct and largely self-contained, sports law covers various laws and regulations, incorporating elements of contract, employment, commercial, intellectual property, criminal, dispute resolution and various other laws. This is supplemented by a continually developing regulatory framework established by the various national and international governing bodies and federations within each sport, creating a complex structure of laws, rules and regulations that constitute sports law.’’ This "Introduction to Sport Law" delivers the information students need and sport management professionals require in order to navigate liability issues, protect the legal rights of their employees and athletes and manage legal risk in their professions. The outstanding author’s team presents legal issues in sport using a topical approach, easily understood by readers with little legal background. This article guides readers through the major legal areas specific to the sport setting including the legal system, tort law, risk management, contract law, agency law, employment law, constitutional law, gender equity, intellectual property and anti-trust law. This article provides readers with a resource that is more approachable and relevant than other sport law texts. Introduction Sports have always been a form of recreation, but now it has developed and attained a different identity. India being a unity in diversity is also considered as a home to a diverse population which is fond of several sports. Sports have evolved with time and India is considered as one of the best places to hold international sports. But with the changing scenario in the field of sports, a dire need is felt to regulate the sports activities in a well-developed manner and eradicate the grey areas. Sports law in India is basically a collection of some court cases and policy decisions. It is a borrowed term in Indian legal field like many other legal ideas which we have borrowed from abroad. Therefore, we can say that there exists no substantive sports law in India. There is no substantive law does not mean that National Sports Federations are not guided and regulated at all. The Ministry of Sports and Youth Affairs issues guidelines from time to time for the purpose of their regulation. The sports law in India is governed and regulated by various other bodies like: 35 B.A.LL.B 2nd year, Narsee Monjee Institute of Management Science (NMIMS) School of Law, Bangalore. 36 B.A.LL.B 3rd year School of Law, HILSR, Jamia Hamdard, New Delhi. 37 B.A.LL.B 3rd year Himachal Pradesh University Institute Of Legal Studies Shimla 38 B.A.LL.B 4th year Jyotirmoy School of Law, Kolkata. 39 B.A.LL.B 5th year Parul University, Gujarat
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Legal Desire International Journal on Law November 2020 ISSN: 2347-3525
169 Legal Desire Media & Insights www.legaldesire.com
Bennett & Stuart Baird ‘‘is not a typical area of law. Unlike, for example, antitrust, contract or
employment law, each of which is distinct and largely self-contained, sports law covers various
laws and regulations, incorporating elements of contract, employment, commercial, intellectual
property, criminal, dispute resolution and various other laws. This is supplemented by a
continually developing regulatory framework established by the various national and
international governing bodies and federations within each sport, creating a complex structure of
laws, rules and regulations that constitute sports law.’’
This "Introduction to Sport Law" delivers the information students need and sport management
professionals require in order to navigate liability issues, protect the legal rights of their
employees and athletes and manage legal risk in their professions. The outstanding author’s team
presents legal issues in sport using a topical approach, easily understood by readers with little
legal background. This article guides readers through the major legal areas specific to the sport
setting including the legal system, tort law, risk management, contract law, agency law,
employment law, constitutional law, gender equity, intellectual property and anti-trust law. This
article provides readers with a resource that is more approachable and relevant than other sport
law texts.
Introduction
Sports have always been a form of recreation, but now it has developed and attained a different
identity. India being a unity in diversity is also considered as a home to a diverse population
which is fond of several sports. Sports have evolved with time and India is considered as one of
the best places to hold international sports. But with the changing scenario in the field of sports,
a dire need is felt to regulate the sports activities in a well-developed manner and eradicate the
grey areas. Sports law in India is basically a collection of some court cases and policy decisions.
It is a borrowed term in Indian legal field like many other legal ideas which we have borrowed
from abroad. Therefore, we can say that there exists no substantive sports law in India.
There is no substantive law does not mean that National Sports Federations are not guided and
regulated at all. The Ministry of Sports and Youth Affairs issues guidelines from time to time for
the purpose of their regulation. The sports law in India is governed and regulated by various other
bodies like:
35 B.A.LL.B 2nd year, Narsee Monjee Institute of Management Science (NMIMS) School of Law, Bangalore. 36 B.A.LL.B 3rd year School of Law, HILSR, Jamia Hamdard, New Delhi. 37 B.A.LL.B 3rd year Himachal Pradesh University Institute Of Legal Studies Shimla 38 B.A.LL.B 4th year Jyotirmoy School of Law, Kolkata. 39 B.A.LL.B 5th year Parul University, Gujarat
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•National Sports Policy
•Sports Law and Welfare Association of India
•Sports Authority of India
•The Sports Broadcasting Law of India
National Sports Policy
The National Sports Policy, 2001 consists of the following features:
a. Upgradation and development of infrastructure.
b. Support to the National Sports Federations and appropriate bodies.
c. Strengthening of scientific and coaching support to sports.
d. Incentives to sportspersons.
e. Enhanced participation of women, tribal and rural youth.
f. Involvement of the corporate sector in sports promotion.
g. Creation of greater awareness among the public.
Sports Law and Welfare Association of India
The Sports Law and Welfare Association of India is a national, nonprofit and professional
organization which work with the common goal of understanding, advancement, and ethical
practice of Sports Law in India, by bringing Legal Practitioners and Sports persons together. It
has developed links and carried out consultancy work with many organizations and partners. The
Sports Law and Welfare Association of India aims to further the discussion of legal problems
affecting sports and to promote the exchange of a variety of perspectives and positions of sports
law.
Sports Authority of India
The Sports Authority of India is an apex National Sports body set up in 1984 by the Ministry of
Youth Affairs and Sports, for broad basing and bringing excellence in sports across India.
Aims and objectives of SAI:
a. To promote sports in the country.
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b. To implement schemes and program for achieving excellence in sports.
c. To act as an interface between the Ministry of Youth Affairs and Sports and other agencies
concerned with the development of sports.
d. To establish and manage the institutions to produce high caliber coaches, sports scientists
and physical education teachers. e. To plan, construct, manage and maintain sports infrastructure and facilities in the country.
f. To encourage, initiate, sponsor and stimulate research projects related to various sports sciences for upgradation of sports, sportspersons and coaches.
Historical Background
India being a land of culture, customs and diversity, possesses within the history of eternity, so is
the history of sports. The relation of sports and human being precedes as back as the existence of
human as sportive purposive and active beings. From the Vedic era to the colonial and
postcolonial upspring sports has been an integral part of Indian civilization which came be
examined by the fact that the mantras in the Atharvaveda says, "Duty is in my right hand and
the fruits of victory in my left". And this ideology has transparently been chanted in the sentiments
of the tradition
Olympic oath that says "For the Honour of my Country and the Glory of Sport”. Polo, Chess,
archery, wrestling, hockey etcetera is some of the games believed to have originated in India.
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Though the legislation governing the sporty atmosphere in this vast and varied nation is in its
building state yet our country possesses within the treasury of
(i)National dope testing lab which was registered in year 2008 in order to analytical examining
of samples and research in the field of dope analysis.
(ii) The Sports Authority of India a successor organization of the 9th Asian Games held in New
Delhi in year 1982, it was set up as a Society registered under Societies Act, 1860 in pursuance
of the Resolution No. 1-1/83/SAI dated 25th January 1984 of the Department of Sports,
Government of India with the objective of promotion of Sports and Games.
(iii) Indian Olympic Association, which is responsible for the Indian contingent’s participation
in the Olympic Games, Commonwealth Games, Asian Games and South Asian Games. Each
Olympic and Non-Olympic Sport has a Federation at the National level and are affiliated by IOA
with the result of a judgment Indian Olympic Association Vs. Veeresh Malik & Ors. This is a
public authority under right to Information act 2005.
(iv) National Sports Policy 2001, the Central Government, in conjunction with the State
Government, National sports federation and the Olympic Association will concertedly pursue the
twin objectives of (Broad-basing) of Sports and (Achieving Excellence) in Sports at the National
and International levels.
(v)Board of Cricket Control India for Cricket ( BCCI) that was founded in December
1928, registered under Tamil Nadu societies regulation act, in order to regulate and fund the
culture of cricket in India.
(vi) the Indian Hockey Federation for Hockey (FIH) founded in year 1925 to regulate the
national sports of our country.
Apart from these federation, organizations and agencies there are lot of other governmental and
nongovernmental platform in the realm of Indian sports culture but the need of hour is to renovate
it and create a new legislation governing the spirit of sports In absence of a any statute, the
National Sports Development Code, 2011 is the only tool to governs the conduct of the
National Sports Federations in India. In spite of being a part of Entry 33 of the State List, as per
the 7th Schedule of the Indian Constitution, the validity of the aforementioned code has been
upheld by the Delhi High Court in Indian Olympic Association v. Union of India. There are two
other draft i.e. Prevention of Sporting Fraud Bill, 2013, and the National Sports Development
Bill, 2013which if promulgated would give further credence to the existence of sports law in
India.
THE NEED FOR SPORTS LAW IN INDIA
The whole reason behind this research report was to analyze, study and come up to a conclusion
whether or not we need a separate legislation for Sports and if we do need it, then what are the
factors influencing this need.
Considering this fact that Sports industry has been a part of this world since ages, we can literally
go decades and decades back from the present time and we can still easily trace sports. It has been
a part of every person’s life. Over the years, the sports industry has been showing the world that
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they’re growing big and have been a profitable industry too, earning in Billion dollars and a net
worth of over $500 Billion.
Sports industry is growing intensively and in India, two other Professions/Industries were
considered to be profitable,
1. Entertainment Industry
2. Politics
These above-mentioned profession/industries were considered to be so beneficial because of the
monetary gains from these professions were comparatively very high than any other
Industry/Profession. But in last 2 decades, this mindset has been completely changed because of
the Sports industry coming into global power. Sports unites a Nation, it gives a sense of pride,
social solidarity, unity.
In order to answer the question, Whether or not- Do we need a Sports legislation in India for that,
we need to answer few other questions too and then only we can come into a conclusion.
1. How are Sports and Law related?
2. What are the laws applicable to Sports Industry?
Sports and law are related and do go hand in hand, to further explain this point we need to
understand the basis or the idea behind law and how law is important in our society. The only
difference between a human and an animal is humans have laws to follow and animals do not.
The whole idea behind the making of any laws in our society was to promote social solidarity or
unity, maintain peace, public order, equality and many other aspects but these mentioned aspects
being the important ones.
As stated earlier in this research report that Sports industry have seen a substantial growth and is
worth Billions of dollars now. With so much transactions going continuously, there is a high
chance of fraud, cheating, and any other sort of conflict/dispute between the parties.
Till now, we do not have proper rules and regulations and even a uniform sports authority that
would deal with these offences and disputes.
All the sports are governed and regulated by International, National federations and State
associations. Every sport has its own federation, promoting and providing all the necessary
guidelines for the respective sports. For example, Cricket in India, it is considered to be the most
viewed and loved sport of our country; it is truly a gentleman’s game and let’s not forget about
the earnings and net profit of Cricket, it’s huge and a common man’s mind cannot even
comprehend those figures. Keeping the net worth aside, we should look at the legal issues in this
field.
Due to so much money involved in this game, cases of doping, match fixing, spot fixing,
nepotism, sexual and mental harassment of players by their coaches or team owners and even by
the sports federation are increasing. The sad part is that, we don’t have any laws protecting and
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preventing such offences. Taking Indian Cricket's example again. The authority or the federation
that controls and provides rules, regulations and guidelines regarding cricket in India is BCCI
(Board of Control for Cricket in India) and it is the National federation of Cricket in India. BCCI
is an autonomous body and it doesn’t even come under any Statute/Act and it’s just a private body
registered under the Societies registration Act, 1860.
In order to understand furthermore,
For any sport, the apex authority is the International federation of the respective sport and then
comes the National federation. Also, we need to note this, not even a single federation, whether
International or National comes under a Statute/Act and are therefore completely autonomous
and private.
This leads to many legal issues, as these institutions make laws for themselves and they’re not
accountable for any of their actions.
That’s why the need of sports law comes into picture. In order to make every sports federations
come under into one umbrella and one single authority governing every sports federations. This
will make sure that all the federations are held accountable and responsible for all their actions.
The authority or we can name it as the Sports commission of India, it would provide guidelines,
rule and regulate and even make necessary decisions and orders for or against sports federations,
players and anyone associated with the sports industry.
This will directly eradicate all the issues that are hampering the growth of sports in India. Issues
like corruption inside the federation when the ministry of youth affairs and sports allocates or the
national federation allocates fund for the development of sports and infrastructure, then these
funds are not even used properly and is internally consumed. There is no trace of these funds, and
due to which the real talents of our nation are not able to showcase their talents and skills.
As we have just read how sports and laws are interdependent and have to be linked in together in
order to fight against indifferences. Sports law being a new area of law, and have discovered many
legal issues so far and in order to settle those areas of disputes, we need a working law. But another
question arises if certain laws are violated and disputes arises between teams or players or anyone
associated with the sports industry, where will they go to get justice and to settle the concerned
Dispute. There is an international court called the Court of Arbitration for Sports. It was established
as part of the IOC in 1984. However, in a case decided by the CAS, an appealed was made to the
Federal Supreme Court of Switzerland, challenging CAS impartiality. The Swiss court ruled that
the CAS was a true court of arbitration, but drew attention to the numerous links which existed
between the CAS and the IOC. The biggest change resulting from this reform was the creation of
an "International Council of Arbitration for Sport" (ICAS) to look after the running and financing
of the CAS, thereby taking the place of the IOC. CAS is placed under the administrative and
financial authority of the International Council of Arbitration for Sport (ICAS). Almost all
international sports federations or associations which are part of the Olympic Games require sports
disputes arising between themselves and sportspersons to be decided by the CAS.
The laws applicable to this emerging field of law are quite the same, that any other Industry has
to follow. Following are the laws applicable:
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Law of Contract: In sports industry just like any other Industry, contracts are very important as
these states the responsibilities, rules and guidelines for the players, agents, coaches and anyone
who is associated with this industry. Contracts are the very beginning of any profession. From
employment contracts to brand endorsement contracts and as we know that there is a commercial
aspect to this industry too, due to which the need of contracts has increased. Without contracts
neither the players will know their exact responsibilities except from playing in a team nor the
coaches will be aware about their rights and obligations. Contracts law makes them all accountable and obliged to do certain things as per their contracts.
Competition law: As we now know that the Sports industry has a commercial aspect to it too,
because of the profits that it is making globally every year. Hence, it is obvious that people are
likely to be interested and would try to earn along with these sports. For example: Indian Premier
league, it was purely started for commercial purpose, for earning money, that’s why these spot and
match fixing, doping cases were registered and charged. In order to promote fair trade, and prevent
unfair trade practices, monopoly, or restriction of any potential competitor from entering the
Competition by making anti-competitive agreements and combinations, Competition law keeps a check on these issues, so that fair game is promoted.
Intellectual Property Rights: The right to publicity, Copyright claims and trademark rights,
these are very much important and are applicable to this field of law too. These rights are very
common and important in this field particularly, because every team, federation have its own
copyright claims, trademarks, right to publicity and nobody can violate these rights.
Anti-Doping laws: Doping cases have increased since the growth of Sports Industry. Earlier sports
was never seen as a profession to earn money but now people have become greedy and hungry for
power and money. When a player consumes drugs that are already explicitly stated that
consumption such drugs would lead to serious offence, players take such drugs to improve their
performance, the game of sportsmanship has become more of a cheating game, where players try
to disrespect and shame other players. When such drugs are consumed then the entire Competition
gets affected, in order to promote fair game and just game, anti-doping laws are necessary for the system.
Dispute Resolution: The need to aware and promote Arbitration-Mediation and Negotiation in
this field is very much important. The field of sports rely on few most important factors, such as
trust and loyalty. When the injured party claims for settlement but not through the process of
ADR (Alternative Dispute Resolution) but through normal court/judicial proceedings, the trust
between the two parties get dissolved and then they can’t work together in the same industry. For
example, if the dispute is between a player and the federation and they opt for courts over ADR,
then such judicial orders are not even confidential and this might affect the relationship of the
player and the federation and later the player might not be comfortable to play again with them.
ADR promotes confidentiality of the parties also, it is a much easier, cheaper and faster technique
for dispute resolution.
The Sports Broadcasting Signals (Mandatory sharing with Prasar Bharati) Act was passed in
2007. It aims 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
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signals. The above-mentioned laws are no doubt are actively involved in the regulation of sports
but still there are many loopholes which can only be resolved by the introduction of a proper and
detailed legislation which will help in the regulation of sports industry better and more effectively
National Sports Development Code of India , 2011. Being aware of all the malpractices in the sport industry, the government after the guidelines issued
in 1975,1988,1997 and 2001, again came up with the National Sports Development Code of India,
2011. Wherein it stated in its introduction that:
The adoption of good governance practices by National Sports Federations (NSFS), including the
Indian Olympic Association (IOA), is essential for healthy sports development in the country.
Toward this end, the Government had issued comprehensive guidelines in 1975, 1988, 1997 and
2001. Post 2001 also several major initiatives were taken by the Government such as declaration
of NSFs availing of government grant as public authorities under the Right to Information Act,
2005, introduction of annual recognition for National Sports Federations, implementation of age
and tenure limits in respect of office bearers of National Sports Federations, notification of NADA
Anti-Doping Rules, introduction of guidelines for prevention of age fraud in sports, prevention of
the sexual harassment in sports, and the holding of fair and transparent elections in National Sports
Federations. With a view to bringing together all orders/ notifications/ instructions/ circulars issued
post 2001 guidelines and the 2001 guidelines, these are now amalgamated with necessary
modifications, into one comprehensive Code entitled "National Sports Development Code of India
(NSCI), 2011, which is hereby notified in supersession of all earlier instructions on this subject
matter. The NSCI 2011 shall come into force with immediate effect.
National Code for Good Governance in Sports, 2017 (Draft)
Now, after the National Sports Development Code of India,2011 came into being, since then, a
number of developments took place and numerous challenges relating to ethics and good
governance in sports administration had come up, which were required to be addressed. The
Olympic Charter emphasizes impeccable ethical behavior in sports governance, the embodying
principles of which should be duly incorporated into the constitutional documents and practices of
the National Olympic Committee ("NOC") and the National Sports Federations ("NSFS") to align
them with global governance standards. Hence, the National Code for Good Governance in Sports,
2017 ("NCGGS 2017" or "Sports Code")(still a draft) enunciates the basic universal principles of
good governance, ethics and fair play of the Olympic and Sports movement and stipulates certain
mandatory minimum governance standards and norms for the NOC and the NSFS, derived from
and based on the Olympic Charter, international best practices, the draft policy of National Sports
Development Bills of 2011 and 2013, the NSDC 2011 and applicable Supreme Court and High
Court judgments on this matter.
On August 10, 2017, the erstwhile Minister of State for Youth Affairs and Sports, Mr. Vijay
Goel, introduced the National Sports University Bill, 2017 (the “Draft Bill”), in the Lok Sabha.
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The Draft Bill aims to establish a ‘National Sports University’ (the “NSU”) in a site identified in the
State of Manipur. It should be noted that there have been various attempts made in India previously
to establish institutions similar to the proposed NSU. However, these attempts have been made
primarily at the state level. The most notable of these attempts include the Tamil Nadu Physical
Education and Sports University (“TNSU”) and the Swarnim Gujarat Sports University
(“SGSU”).While the TNSU’s focus is on imparting education with a focus on sports science,
coaching and training, the SGSU has been established with a larger scope than the TNSU, and has
the authority to provide courses on sports management, sports technology and sports journalism. In
contrast, the NSU’s ambit appears to be much wider than these state level institutions. The proposed
NSU represents the first effort to establish a sports university on a national scale and with a national
perspective. This feature aims to discuss a few significant elements of the Draft Bill and the
proposed NSU, as contemplated under the Draft Bill.
The Structure of the proposed Bill
The Draft Bill contemplates the establishment of five authorities under the NSU which are to
aid and supplement its functioning. These authorities include:
i)A “Court”, which is the principal governing body of the NSU and is tasked with providing overall
direction and guidance. The Court’s functions include the power to review the broad policies and
programmes of the NSU, to consider and pass resolutions of the NSU’s annual report and annual
accounts, to advise the Central Government in respect of any matters referred to the Court for advice
and to perform such other functions as may be prescribed in the statutes governing the administration
and functioning of the NSU (the “Statutes”).
ii) An “Executive Council” which functions as the primary executive body of the NSU and is
responsible for the day-to-day administration of the NSU and its affairs. The Executive Council will
comprise the Vice Chancellor of the NSU (who is to be appointed by the Central Government), the
Additional Secretary and Financial Advisor, Ministry of Youth Affairs and Sports (“MYAS”), and
four eminent sportspersons.
iii) An “Academic and Activity Council” which will supervise the framing and implementation of
the NSU’s academic policies.
iv) A “Board of Sports Studies” which will approve the subjects for research and for the degrees
offered by the NSU and other aspects relating to the degrees offered by the NSU.
v) A “Finance Committee” which shall be responsible for general financial matters relating to the
NSU, including preparation and scrutiny of accounts and budgets.
vi) Such other authorities as may be specified in the Statutes.
The authorities are to be supported by certain officers who include, a Chancellor, a Vice-Chancellor,
Deans of the various Schools of Studies of the NSU, a Registrar, a Finance Officer, a Controller of
Examinations, a Librarian and such other officers as are prescribed in the Statutes.
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Benefits of the Bill
The Draft Bill provides the Central Government with a wide range of powers in order to maintain
administrative oversight and supervision of the NSU’s function and activities. These powers include
the power to evaluate and monitor the functioning of the NSU and its associated campuses,
institutions and centres by appointing individuals to conduct reviews and inquiries and submit
reports to the Central Government in relation thereto. The Executive Council may take appropriate
action based on the recommendations made in such reports. However, if the Executive Council fails
to take any action or fails to take action to the satisfaction of the Central Government, the Central
Government may issue directions in relation to the matters contained in such reports and the NSU
is bound to comply with such directions.
The Central Government also has the power to annul any proceeding of the NSU which the Central
Government deems to not be in conformity with the Draft Bill, the Statutes or ordinances relating
to the NSU. Prior to making such order, the Central Government is required to provide the Vice
Chancellor of the NSU with the opportunity to show cause and argue why such order should not be
granted. In this respect, the Central Government is empowered to provide directions to the Executive
Council and to make or amend the Statutes in the event the Executive Council is unable to implement
the directions specified by the Central Government.
A few months back, the Sports minister addressing the question - whether the Government is not
sanctioning funds to those sports academies and organizations that are violating National Sports
Policy/Code 2011? He answered that all the National Sports Federations (NSFs) and the Indian
Olympic Association (IOA) are required to adopt the provisions of the National Sports Development
Code of India, 2011 (NSDCI). Academies and State level sports bodies, including that of Andhra
Pradesh, do not fall under the purview of NSDCI. To be eligible for assistance under the Scheme of
Assistance to NSFs, all the NSFs must maintain their recognized status with the Department of
Sports.
Commenting further on the present situation of draft of NCGGS, 2017 Mr. Rijiju said that
Comments / suggestions have been sought from the Indian Olympic Association and various
recognized NSFs, as being stakeholders, on the draft National Code for Good Governance in
Sports, 2017. Subsequently, an Expert Committee headed by a retired Judge of Supreme Court of
India has been constituted to hold consultations with stakeholders and give its recommendations.
National Sports University Act, 2018
National Sports University Act, 2018 was notified and assented to by the President on 17thAugust,
2018. The prime objective of this Act was to incorporate a National Sports University in the State
of Manipur, aiming at promoting sports education in the areas of sports sciences, sports
management and sports coaching part from functioning as the national training centre for sports
disciplines. These objectives should be fulfilled by adopting best international practices.
Main objects of the University
Section 4 of the Act mentions the objects of the University and they shall include:
1. Evolving as an institute of advance study in the field of physical education and sports sciences.
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2. Provide specially designed academic and training programme for research and development
and dissemination of knowledge in physical education and sports sciences.
3. Promoting traditional and tribal sports and games.
4. Establish various centres and institutions of excellence to impart art educational training and
research.
5. Provide academic and professional leadership to other institutions in the field of sports sciences
and physical education.
6. Provide vocational guidance and placement services in physical education, sports sciences and
other related fields.
7. To prepare highly qualified professionals in the field of physical education, sports science and
technology and high performing training for all sports and games.
8. Provide international collaboration in the fields of physical education, sports science and
technology and high performance training for all sports and games.
9. Train talented athletes to help them evolve as elite athletes of international level.
10. To make India become a sporting power.
Key powers and functions of University
Section 5 of the Act talks about powers and functions of University:
1. Provide courses of study and conduct training programme.
2. Grant degree, diplomas and certificates.
3. Provide facilities through a distance education system.
4. Confer autonomous status on a college or institution.
Authorities of the University:
The University will have the following authorities:
1. The Court to review the University policies and suggest measures for its development.
2. TheExecutive Council which will be responsible for all administrative affairs of the University.
3. The Academic and Activity Council to supervise academic policies.
4. The Board of Sports Studies to approve the subjects for research and recommend measures to
improve standards of teaching.
5. The Finance Committee to examine proposals related to creation of posts and recommend
limits on the expenditure of the University.
6. Additional authorities may be declared through statutes.
Societies Registration Act Societies registration act is a colonial legislation that was drafted and enforced on May 21, 1860,
with an ideology to encourage and promote activities that are in the favor of society and its
enjoyment, it promotes the formal organization of groups of like-minded people. This legislation
in India allows the registration of entities generally involved in the benefit of society that is
education, health, employment, Sports etcetera.
Though this act is a result of a colonial mind-set, still it holds good in this 21st century society. As
per the provision of this Act societies may be formed, by way of a memorandum of association,
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by at least seven or more people associated for any scientific, literary, or charitable purpose. The
memorandum of association needs to be filed with the Registrar of Societies, also it should contain
the name of the society, its objects, and personal detail of the governing member of the society
for example the names, occupations and addresses related, also the society by whatever name it
may be called, duly signed for consent by all the members forming the particular society. Further
a copy of the rules and regulations of the society also has to be filed along with the MoA and a fee
of Rs. 50 is payable in cash, for registration.
The Year 2020 & the Trend of Sexual Harassment in the Sports Industry
Sexual Harassment as defined by Media Pack Index “Sexual harassment is an unwelcome sexual
advance, unwelcome request for sexual favors or other unwelcome conduct of a sexual nature
which makes a person feel offended, humiliated and/or intimidated, where
a reasonable person would anticipate that reaction in the circumstances.
The Sex Discrimination Act, 1984 (Cth) defines the nature and circumstances in which sexual
harassment is unlawful. It is also unlawful for a person to be victimized for making, or proposing
to make, a complaint of sexual harassment to the Human Rights and Equal Opportunity
Commission.
Examples of sexually harassing behavior include:
Unwelcome touching, staring or leering, suggestive comments or jokes, sexually explicit pictures
or posters, unwanted invitations to go out on dates. Requests for sex; intrusive questions about a
person's private life or body; unnecessary familiarity, such as deliberately brushing up against a
person; insults or taunts based on sex; sexually explicit physical contact; and sexually explicit
emails or SMS text messages.
Every year around 15,000 athletes sign up to get training in different SAI facilities all over the
country. Out of this 4,000 to 5,000 go on to compete in national and international competitions
thus, 1, 50,000 athletes were trained at SAI facilities in the last 10 years," as stated by officials.
Along with its head office in Delhi, where the sexual harassment committee is headed by Regional
Director, Meena Bora. SAI has 12 regional committees to deal with complaints. According to
Times of India, "45 sexual harassment cases were reported over the last 10 years. If we go by the
figures, these 45 cases were out of 1, 50,000. So, the percentage stands at 0.03,"
Nearly two months after The Indian Express reported that 45 cases of sexual harassment reported
at 24 centres run by the Sports Authority of India (SAI) between 2010 and 2019, and that many
cases have dragged on for years, the organization said action has been taken in nine out of 14
unresolved complaints.
On January 17, a day after The Indian Express cited data obtained under the Right to
Information (RTI) Act and official reports to report that 29 of the 45 complaints were made by
athletes against their coaches, Sports Minister Kiren Rijiju had asked for all pending cases to be
disposed of within a month.
Of the five remaining cases, SAI said the inquiry has concluded in three and that its committee
expected to submit its report by “this week itself”. According to TOI, “In two cases, the delay
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occurred due to non-response of Charged Officers as they failed to submit their written statement
in given time. A decision was taken to conduct inquiry ex parte considering the gravity of the case.
These cases are expected to close by March 15, 2020,” SAI said.
Sports Minister Kiren Rijiju, publicly announced that all pending complaints of sexual
harassment at Sports Authority of India (SAI) institutes will be disposed of in the next four
weeks to ensure a zero tolerance approach towards the menace.
Reacting to an Indian Express report , which claimed that 45 cases of sexual harassment were
reported from 24 SAI institutes over the last 10 years in which little or no action, was taken, Rijiju
asserted that the body’s institutes are, in general, safe spaces.
At this point, it is safe to conclude that India suffers a great deal of sexual perversion that could be
related to the generational upbringing pertaining to culture, tradition and over strict religious
beliefs. Such beliefs that, keep the people from exploring their necessary sexual desires thus, once
kept in too long cannot be controlled and the horrific cases of rape and sexual harassment simply
rise due to individual failure to control the balance of hormones.
If we look at the recent 2020 pandemic violation of curfew case whereby, a father and son did not
close their business on the hour, 8pm. Upon such failure to do so, the Police dragged the two
persons to the station for questioning where they were beaten mercilessly, and raped in the anus
by the police. A doctor, coerced by the police to produce a medically fit report for both persons
despite clear signs of bleeding from the rectum, produced such report to the Magistrate whom
knowing the truth decided to turn a blind eye to justice for the sake of keeping the peace between
the police and the public at large.
Corruption is no secret in India therefore, if such a damp exists in the wheels of justice and the
court, then there is no chance at the present moment, (at least several more decades) until India
will be ready to face justice along with the police whom are a separate division of corruption on
their own. We need not stray too far into the laws and recent trends to understand that the
corruption, sexual harassment are deeply rooted to the illiteracy fact in India. Look at Waghodia
for example, a good number if not 65% of the police cannot read and write English and yet such
persons are appointed and honoured with the code of the badge to protect the citizens.
In Africa, the remotest areas such as villages and or bushes where no network reception reaches,
the people can read and write in almost all countries however, In India almost all regions faces the
same illiteracy phenomena. No man/woman can get lost asking for directions in Africa because of
the strong English-speaking citizens however, in India worse if you are on foot, the pedestrians
will make you walk for miles and miles towards the opposite direction with such confidence in
their sign language.
With all the above given information, India cannot deny the facts presently occurring. Justice over
sexual harassment like the need for sports law is in the process of newly developing concepts,
Ideas, Punishments and methods to tackle the arising issues. In short, the laws have recently began
to view the scope of sexual harassment in the industry of sports law with the obvious notion
ascribed in TOI. Most cases pertaining to sexual harassment are being thrown away for incomplete
cases and insufficient proof but mainly like rape cases the women are sketching hence, the burden
of proof plays a great deal in the court of law thus, sexual harassment cases are inconclusive despite
being a real problem in not only the Sports division but also the workplace.
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GRAPHICAL REPRESENTATION OF THE CONDUCTED SURVEY
George F. Will, an American Commentator said “Sports serve society by providing vivid
examples of excellence”. True? Yes. But the issue for which we should scratch our heads and
think is, are we giving ample opportunities and fulfilling the requirements of our sportsmen and
sportswomen for them to be the examples of excellence. True? Can’t say.
Coming up is the graphical representation of the survey we conducted seeking views of various
Sports law experts including professors, advocates and also the views of law students in regards
to need for legislation in sports law to get the pictures clear as to whether India needs proper
legislation in the field of law, whether there is corruption, gender discrimination etc. in the field
of sports and many more questions.
The Graphical representation is in the form of Pie-chart with questions addressed and the
outcomes demarcated with different colors to show the different opinions of the respondents.
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Comments regarding “The Need of Sports Legislation inIndia”
We conducted a survey regarding the topic and we got many responses. These involved the
response of law students, assistant professors, lawyers, etc. Some of the responses shared by these
people are discussed below:
1. According to Apoorva Thakur (Assistant Professor at HILSR, Jamia Hamdard University),
there is a lack of in- depth research in the field of sports. She strongly feels that it is high time
to incorporate a comprehensive sports law regime in India. Some of the challenges which are
faced includes corruption, issue of stakeholder’s contribution, relevant adjudicatory know-
how, etc.
2. According to Advocate Daniel (self – employed), there is an increase in doping and match
fixing cases which leads to corruption and is effecting our economy too. So, there is a dire need
of sports legislation in India. The challenges mentioned by him includes huge capital investment,
infrastructure, and creating a supreme authority to regulate and govern every sport.
3. According to Advocate Mukesh Singh (Litigation expert), the athletes of our county are
hardworking but because of corruption they are not able to perform well at international level.
Most of the deserving athletes don’t get the chance. Those, who get don’t get the proper training.
So, to tackle these short- comings a strong legislation is needed. The challenges which can arise
includes consensus required at the State and National level to come up with a legislation involving
transparency in governing sports bodies and spreading awareness in rural areas since most of the
athletes are from rural background.
4. According to Dr. Akil Saiyed (Director and Dean of Parul University), sports is a growing
field, and anything which grows should be controlled. Due to high magnitude of corruption
emerging in this field, there is an urgent need of sports legislation in India.
5. According to Advocate Hitesh Gupta (Gupta Associates), sports will suffer badly until
there is some accountability and transparency in administration of sports. There is ample talent
in our county but the same is wasted due to high level of corruption. Therefore, we need to have
a sports legislation in India.
6. According to Advocate Shivangi Yadav (Associate Attorney in DWF Mindcrest), sports
in India is not limited to gaming but also involves commercialization. So, laws should be framed
to govern them. The challenges that can arise in this process includes that general laws can’t
handle sports industry as hierarchy of every sports organisation is very confusing and they deal
with different styles of corruption.
7. According to Burhan Majid (Assistant Professor in Jamia Hamdard University), there is
a need for sports legislation as it will go a long way in reforming this sector and welding out
corruption.
8. According to Advocate Geet Valecha (Legal Desire), sports is somehow not taken as an
important issue by the legislative bodies in India as other matters are given more importance. But
we can’t ignore the fact that sports have created its own identity and has become an important
topic of concern. Therefore, there should a separate legislation when it comes to sports industry.
9. According to Jimmy Jose (Assistant Professor at Parul University), there is somehow a
lack of political will which is holding back the legislature to make legislation in the field of sports.
He strongly feels that there should be a legislation which can control as well as overcome
corruption in the sports world.
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10. According to Astha Chaturvedi (Assistant Professor at Parul University), there is enough
talent in sports and opportunities are given with proper training and guidance. But somehow due
to lack of knowledge, the very essence of this field is disappearing, so there is a need to establish
a legislation to overcome this issue.
Conclusion
These were some of the views regarding the need for sports legislation in India. Almost every
person who has taken the survey (including law students) has raised a common problem which is
tampering the very essence of sports and that is corruption. There are others factors too but the
most challenging one is corruption. Therefore, there arises a demand of proper and effective
legislation to raise the standard and avoid mismanagement of sports in India.
The need for the sports legislation in India is just to make all the National sports federations
accountable and more transparent. These federations over the years have exploited both the
players and the game and with a legislation solely dedicated to the Sports Industry, there will be
a statutory authority governing both the Sports disputes and keeping a check on all the sports
federations. The apex authority or Sports Commission of India, where all the Indian sports related
issues, from disputes to notification of new guidelines to all the federation, it shall be the duty of
the commission from then. This will make the sports industry free from corruption, abuse of
dominance, nepotism, and will help in development of sports and all the players