sports and law: an indian perspective...telefilms ltd. &anr. vs. union of india &ors, case...

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

Akanksha35, Aarlin Moncy36, Aprajita Chauhan37, Aayushi Tiwari38, Admar Rene De Sousa39

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



•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.



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.

Reference:- https://www.thenewssports.com/kabaddi-history-and-rules/



But with the evolution of time the horizon of sports went through a great transformation, In the

pace of modernization Indian youths are forced to motivate themselves in the fields of academic

a in spite numerous federations that are there to support players and provide them with appropriate

facilities yet apart from cricket and few other games India is lacking behind in every major event

across the globe such as Olympics or grand slam. Some of the reasons for this situation is lack of

enthusiasm and moral support among youth, uneven carrier option left because of economic

issues and most importantly the lack of uniform regulation and sport legislation. There is no

platform for the sportsmen to raise their voice against odd and solve their disputes in case of

conflict between the sportsperson and the federations, Breach of contract, poor wages, harassment

to sport persons, physical and verbal abuse, their illegal terminations, lack of provisions to ensure

dignified life to the retired sports person are some of the yardstick which eventually leads to the

withdrawal of many sportsmen from their respective sports, also there is no platter to curb

gambling, betting and match-fixing which leads to corruption in our country, engulfing the future

of sports.

Reference:- https://www.kreedon.com/indian-sports-history/amp/

The cases such as the Olympic Games Scandal related to bidding, FIFA scam, the IPL scam,

drug abuse by sport players etcetera are some of the historical conflict that has indicated the

need for a stringent and uniform legal system for sports in our country. In addition to that some

of the landmark judgment by the side of Indian Judiciary embroidered the importance of sports

and related law, creating a history for better tomorrow in the field of sports. For example: - Zee

Telefilms Ltd. &Anr. Vs. Union Of India &Ors, case which was filed by BCCI, Justice Sinha



pointed out the importance of sports in India. Also, in one of the other case K. Murugan Vs.

Fencing Association of India, the Supreme court of India has talked about the relevance of sports

in India.

In Ajay Jadeja Vs. Union Of India, the High Court of Delhi held that “When the Government

stands by and lets a body like BCCI assume the prerogative of being a sole representative of India

for cricket by permitting BCCI to choose the team for India for appearance in events like the

World Cup, then it necessarily imbues BCCI with the public functions at least in or far as the

selection of the team to represent India and India’s representation in International Cricket forum

and regulation of Cricket in India is concerned. Thus, the monopoly status of the respondent No.

2 is evident. It is also clear that such monopoly status is indisputably state recognized as evident

from the later of Ministry of Culture, Youth Affairs a Sports dated 22nd December 2000 and

indeed by acquiescence of the Government, can be considered state conferred. Similarly, the plea

of the BCCI that it does not own or lease the stadia is of no consequence as the stadia are owned

and leased by its members and it is not disputed that all international matches are played in such

stadia. Similarly, membership of BCCI of the International Cricket Conference (ICC) cannot ipso

facto imply that it is not amenable to writ jurisdiction. In fact, BCCI represented India on this

own showing and depending upon the nature of the action impugned, would be amenable to writ

jurisdiction.” We agree. BCCI, like everyone else, is amenable to writ jurisdiction. However, not

every action of BCCI would be subject to the scrutiny of judicial review. Only those actions which

fall within the ambit of public law would call for any direction, order or writ under Article 226.

Disputes or acts in the sphere of pure private law having no traces of public law would not be the

subject matter of writs, directions or order to be issued under Article 226.

Reference:- https://www.google.com/amp/s/sportzwiki.com/cricket/cricket-news/norman-

pritchard-precursor-indiaolympics/amp



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



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



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:



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



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.



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.



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.



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,



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



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.



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.



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.



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

References:

2. https://brainly.in/question/14976463

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4. http://www.lexuniverse.com/sports-law/india/Sports-Law-and-Welfare-Association-

ofIndia.html

5. https://blog-ipleaders-in.cdn.ampproject.org/v/s/blog.ipleaders.in/sports-broadcasting-

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49843&referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s&amp

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7. https://indiankanoon.org/doc/71994872/

8. https://en.m.wikipedia.org/wiki/Sport_in_India#:~:text=The%20history%20of%20sports

%20in%20India%20dates%20back%20to%20the%20Vedic%20era.&text=The%20mode

rn%20game%20of%20badminton,usually%20called%20a%20%22bird%22.

9. https://www.khuranaandkhurana.com/2019/01/04/importance-of-sports-law-in-india/

10. https://yas.nic.in/sites/default/files/Draft%20National%20Code%20for%20Good%20Govern

ance%20in%20Sports.pdf

11. https://www.sportzpower.com/node/2364

12. http://loksabhaph.nic.in/Questions/QResult15.aspx?qref=9273&lsno=17

13. https://www.indiacode.nic.in/handle/123456789/4037?view_type=browse&sam_handle=123

456789/1362

14. https://www-scconlinecom.cdn.ampproject.org/v/s/www.scconline.com/blog/post

sports and law: an indian perspective...telefilms ltd. &anr. vs. union of india &ors, case...

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