FUTURE OF SPORTS LAW IN INDIA INTRODUCTION SPORTS

FUTURE OF SPORTS LAW IN INDIA

INTRODUCTION “SPORTS IS A LANGUAGE EVERYONE OF US CAN SPEAK. IT IS MORE ABOUT INCLUSION AND PARTICIPATION THAN ABOUT WINNING AND LOSING. ” – BAN KI MOON (Former UN Secretary General)

DEFINITION OF SPORTS Interestingly, the word “Sports” has been defined in various ways by Authors, Legislations, Sports Bodies and Experts, however, the safest route is to see how it is ordinarily understood. Accordingly, Webster’s Dictionary defines Sports as : - Ø Any activity or experience that gives enjoyment or recreation part time, diversion; Ø Such an activity require more or less rigorous bodily excursion according to some traditional form or set of rules whether outdoors as Football, Hunting, Golf, Racing etc. or Indoors as Bowling, Squash, etc. .

WHAT IS SPORTS LAW ? Ø Sports Law basically deals with issues that arise during the preparation for or execution of Sports events. Ø It deals with relationships between and activities of individuals and institutions in the Sporting world. Ø Sports Law is a mixture of Private Law and Public Law. Ø Most regulations of Sports Federations are imposed through implied contractual relationships, but after UNESCO Convention against doping it also now has developed a flavour of International Law. Since, many countries have promulgated specific statutes to deal with Sports, it has leaning of Public Law.

WHAT IS SPORTS LAW ? Contd. . Ø It is a mixture of Criminal Law, Contract Law, Torts, Public and Administrative Law, Property Law, Competition Law, Fiscal Law, Human Rights. All have been applied to it further also laws relating to Drugs, Public or safety discipline measures Trade Law, Anti. Competitive Law and Commercial exploitation of Sports. Ø Sports Law jurisprudence is therefore evolving. Ø Globalization of Sports Law as LEX SPORTIVA – means basically that the International Federations are legally immune from regulations by National Legal Systems. This allows private regimes like IOC OR FIFA to be legally unaccountable accept through Arbitration System.

STATE OF SPORTS LAW IN INDIA - I Ø In India, Sports is listed under Entry - 33 of List – II. Entry – 33, List – II of the VIIth Schedule of the Constitution of India which reads as: “ 33. Theatres and dramatic performances; cinemas subject to the provisions of Entry 60 of List - I; sports, entertainments and amusements. ” Ø States by reason of Legislation cannot confer on it extra territorial jurisdiction in relation to Sports, Entertainment etc. Ø Education however is in the concurrent list being Item No. 25 of List – III of the VIIth Schedule. Sport has been considered to be part of education in India and therefore has been included in Human Resource Development as an extended part of education.

STATE OF SPORTS LAW IN INDIA - II Ø Union of India in exercise of its Executive function in terms of allocation of business rules framed under Article 77 of the Constitution of India has created a separate Ministry of Youth Affairs and Sports which coordinates between activities of different States. But in International arena, it is only the Union of India which can exercise such a power in terms of Entry - 10, List - I of VIIth Schedule of the Constitution of India. Ø Therefore, Union of India has requisite legislative competence in terms of Entry 97, List – I of the VIIth Schedule of the Constitution of India. Ø Union of India issues guidelines to Presidents/Secretary Generals, Indian Olympic Association and the Presidents/Hony. Secretary Generals of all recognized Sports Federations.

SPORTS BODIES IN INDIA List of Sports bodies functioning in India: - • Ministry of Sports and Youth Affairs. • Sports Authority of India (SAI). • Indian Olympic Association (IOA). • National Sports Federations (approximately 56 in number). • State Olympic Associations for each State separately. • Board of Control for Cricket in India (BCCI). • The Sports Law and Welfare Association of India (SLAWIL). • Indian Premiere League (IPL). • National Anti-Doping Agency (NADA).

NATIONAL SPORTS POLICIES Ø First resolution on the National Sports Policy was laid before both the Houses of Parliament in August, 1984. This also incorporated National Education Policy, 1986 objectives. Ø Since 1984 policy could not achieve its objectives, the Sports Policy of 2001 was framed. Ø The draft Sports Policy 2007: - The comprehensive National Sports Policy, 2007 was framed to achieve unfinished agenda and to address the emerging challenges in 21 st Century. Ø The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Act 2007 Ø National Sports Development Code 2011 Ø Khelo India and Yoga Day initiatives

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