SARDAR PATEL SUBHARTI INSTITUTE OF

LAW

RESEARCH ARTICLE ON: - EXPLORING AND

ANALYSING SPORTS LAWS IN INDIA

SUBJECT: SEMINAR ON THE CONTEMPORARY ISSUE

OF THE GROUPS

SUBMMITED TO SUBMITTED BY
Dr. REENA BISHNOI RAKESH KUMAR BAROI
(Professor) (LLM. 2ND YEAR 3 Semester)

(2022)

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EXPLORING AND ANALYSING SPORTS LAWS IN INDIA
 ACKNOWLEDGEMENT
At the very outset, I would like to pay thanks to the almighty God. It gives me immense
pleasure to acknowledge and pay thanks to the persons who helped me throughout the course
of my work. I am really thankful to the subject teacher Dr. REENA BISHNOI ma’am
(Professor [LAW])” who has given me this topic (“EXPLORING AND ANALYSING
SPORTS LAWS IN INDIA”) of high relevance under who’s learned and scholarly guidance
the present work has been completed. she helped me in a passive way, gave me moral support
and guided me indifferent matters regarding the topic. she had been very kind and patient while
suggesting me the outlines of this Project and correcting my doubts.

I thank her for her overall support, constructive suggestions which have always been
soothing and had desired effects, hence it my duty to express my gratitude for her constant
support and encouragement.

I want to pay my sincere thanks to our Dean “Prof. (Dr.) VAIBHAV GOEL
BHARTIYA” Sir of Sardar Patel Subharti Institute of Law, Swami Vivekananda Subharti
University. Last but not the least, my thanks to all who have helped me directly or indirectly
in the completion of my work.

RAKESH KUMAR BAROI

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EXPLORING AND ANALYSING SPORTS LAWS IN INDIA
 Table of Contents

1. INTRODUCTION………………………………………………………………page 5

2. HISTORICAL BACKGROUND……………………………………………………5

3. SPORTS LAWS IN INDIA…………………………………………………………6

4. RECOMMENDATION OF MUKUL MUDGAL & JUSTICE R.M. LODHA

COMMITTEES………………………………………………………………………10

5. JUDICIAL APPROACH ………………………………………………………….....11

6. ALTERNATIVE DISPUTE RESOLUTION AND SPORTS LAWS IN INDIA…...16

7. CONCLUSION & SUGGESTIONS

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EXPLORING AND ANALYSING SPORTS LAWS IN INDIA
 EXPLORING AND ANALYSING SPORTS LAWS IN
INDIA

ABSTRACT

Sports law is employed in the sector of Sports, physical education and its related field. India
has been a world leader in its social, cultural and sports heritage. The glory of Indian sports has
outshined India in the world to its proximity. It gave eminent players who immensely
contributed in the field of sports by setting example for the world by its diversified sports
heritage. Sports in India have been one such cornerstone of law which remains disputed with
unsettled position. Sports in India has been monitored and regulated by the Government of
India through autonomous sports federations, who indeed have monopolistic character and
nature in their respective sports field. However, when it comes to accountability and
transparency, these sports federations resist against any scrutiny. The on-going legal battles
and litigation in this diversified field of sports has forced judiciary to step in and umpire the
field. But why there’s no focal sports authority other than the Ministry of Sports Affairs? What
is the systematic function of the distinct sports authority regulating different sports? Whether
the Indian Judiciary’s contribution towards developing sports jurisprudence has been negligible
or not? Is Alternative Dispute Mechanism an ideal method of resolution of sports disputes? As
the present research revolves around various aspects that fall within the purview of laws related
to sports field in India and the recent reforms made in the legislation concerning the subject by
exploring and analysing the same. This research paper explores and analyses the critical issues
related to the field of sports in the light of relevant judicial responses. It also throws light on
how Indian legislators have not shown much interest in contributing to sports jurisprudence
and it suggests the key sports reforms for the revival of the glory of sports in India.

Keywords: Sports Laws, Sports Policy, Legal Status of Sports.

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EXPLORING AND ANALYSING SPORTS LAWS IN INDIA
 INTRODUCTION
Sports are considered to be an integral part of a human lifestyle. It has been a significant
ingredient to lead a good and healthy life budding with the spirit of friendly competition
following human development1 Since immemorial time, sports have been seen as a component

of the entertainment industry. The glory of Indian sports has outshined India in the world to its

proximity. It gave eminent players who immensely contributed in the field of sports by setting
example for the world by its diversified sports heritage. Sports in India have been one such
cornerstone of law which remains disputed with unsettled position. It has never been a
prevailing issue for the legislators or the policy makers. It is mainly seen as a derivation for
entertainment in Indian social space. As per the Seventh Schedule of the Constitution of India,
Entry 33 under the State List provides that the State has the jurisdiction to make laws on any
matter pertaining to sports. Though it falls under the ambit of State jurisdiction but is played at
national as well as international level. This is the reason that even though national sports bodies
like Board of Control for Cricket in India (BCCI) and Athletic Federation of India (AFI) are
self- governing in nature, the Supreme Court of India and various High Courts have in their
judgments proclaimed that regardless the national sports bodies in India are not included within
the definition of State in Article 12 of the Indian Constitution but they come within the writ
jurisdiction of High Courts under Article 226 of the Constitution of India as they perform state-
like functions like, selection of national teams and representing the country in international
sports events and forums. So, the object behind the present research is to explore and analyse
the various issues related to the field of sports in India in the light of relevant judicial responses.
It is important to find out whether the sports legislations in India are effective to the extent for
which they were enacted.

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

1
Anil Kumar Thakur, Reetinder Kaur, Sports Law in India: Present Status and Future Road Map, 15 JOURNAL OF
ADVANCES AND SCHOLARLY RESEARCHES IN ALLIED EDUCATION (JASRAE), 33-40 (2018)
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EXPLORING AND ANALYSING SPORTS LAWS IN INDIA
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.

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 an 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.

THE NEED FOR SPORTS LAW IN INDIA

The whole reason behind this research report was to analyse, 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 LAWS IN INDIA

Constitutional Perspective

The Constitution of India mirrors the power of the Parliament and the State Legislature
provided under Entry 33 of the State List, to make laws in relation to sports.

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“33. Theatres and dramatic performances; cinemas subject to the provisions of entry 60 of List
1; sports, entertainments and amusements.”

At the top of the hierarchy there are international sports bodies for each sport made up of
national bodies of different countries2 The national sports bodies again consist of the state or
provincial bodies of different countries. The provincial state bodies comprise the different
districts or clubs3. There is no national or state legislation in order to regulate sports in India,
rather national as well as provincial sports bodies, clubs, associations or societies are generally
set up under the law of societies for the regulation of sports in India. These are autonomous
non-profit making private bodies4 Though there are various autonomous bodies, in spite of that,
it seems apposite that the autonomy of such bodies isn’t absolute and the reason behind this is
the involvement of sports is specifically made under the Seventh Schedule of the Constitution
of India. Furthermore, these sports bodies are registered as associations or societies in different
states of India, hence making them fall under the state jurisdictions. It is erroneous to presume
that the sports regulatory bodies or the sporting events are beyond the reach of law, specifically
when they are not in compliance with Fundamental Rights as mentioned under Part III of the
Indian Constitution. Although, these sports regulatory bodies enjoy autonomy to a great extent
but anyway are subject to the discipline of Fundamental Rights provided under the
Constitution.

SPORTS LEGISLATIONS IN INDIA

Speaking of the Indian scenario, sports regulatory bodies, such as Board of Control for
Cricket in India (BCCI) and Indian Olympic Association are some regulatory bodies which
are autonomous to a great extent. The Government of India set up the Ministry of Youth
Affairs & Sports in order to design infrastructure and achieve excellence in numerous
competitive events and promote capacity building for broad-basing sports at the national as
well as international level. Initially, various National Sports Federations (NSFs) are held
responsible for the promotion of sports. These self-ruling bodies, i.e., NSFs are issued with
notifications and guidelines time to time by the Ministry of Sports and Youth Affairs for the
purpose of their regulation.

2
2nd Edition MASTERALEXIS, LISA PIKE, PRINCIPLES AND PRACTICE OF SPORT MANAGEMENT 2 (The Club
System: Sports and Community; Massachusetts :Jones and Bartlett Publishers; 2005).
3
The Modern Olympic Games: An International Club Event,
4
Mandell R. Sport A Cultural History New York Columbia University Press, 1984, 46
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Several sports activities are coordinated by the apex body, i.e., the Sports Authority of India.
There are various schemes formulated and implemented by the Government of India relating
to Awards, events of sports, etc. The National Sports Policy of India of 2001 has the main aim
to achieve brilliance in sports at national as well as international levels. Sports law in India is
regulated and governed by:-

A. Sports Authority of India

B. National Sports Policy

C. Sports Law and Welfare Association of India

D. Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 A.

(A) SPORTS AUTHORITY OF INDIA (SAI)

Sports Authority of India was established on 16th March, 1984 by the Government of India for
the purpose of look after of the infrastructure created for the IX Asian Games5 The primary
objective of SAI was to implement the existing promotions, schemes and development of sports
pursuits, to persuade people to conduct research works with an objective to bring development
in the sports field and to utilise and construct numerous kinds of facilities, such as residential
facilities, necessary infrastructures, various training centres and centres to conduct
tournaments, championships, competitions, seminars and conferences at various levels. For the
above-mentioned purposes the Sports Authority of India is divided into four wings, those are,
academic wing, operation wing, team wing and stadia wing and each wing is assigned with
different set of functions6

(B) NATIONAL SPORTS POLICY

National Sports Policy was drawn up in 1984. The primary intention of this Policy was to raise
the standards of Sports in the nation. Secondly, it also provided for the reviewing of the
progress in raising the standards, every five years, so that further course of action could be
determined. So precisely the Policy focuses on development of infrastructure, broad – basing
of sports, brilliance in sports, integration with education, and development of National Sports
Federations. Though, the National Sports Policy, 1984 comprehensively included every facet

5
Thakur and Kaur, supra note 1.
6
SPORTS AUTHORITY OF INDIA, https://sportsauthorityofindia.nic.in/index.asp?lang=1 (last visited Jan. 27,
2021).
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EXPLORING AND ANALYSING SPORTS LAWS IN INDIA
needed for encouraging sports in the nation, but failed in implementing the same. In 2001, the
National Sports Policy, 1984 was reformulated and National Sports Policy, 2001 was drafted.

The objectives of the National Sports Policy, 2001 were threefold:

i. The agencies responsible for the promotion and development of sports were required
to perform their functions in their own respective areas.
ii. To spot the National Sports Federation, to set priorities and frame the procedures to
be followed by the Federations and to avail government assistance and sponsorship.
iii. To state the eligibility criteria whenever Government has to release grants to Sports
Federations7

The provisions of the National Sports Policy, 2001 requires the Central Government and the
Sports Authority of India in work in association with the National Sports Federations and the
Indian Olympic Association (IOA) to achieve excellence in sports at national and international

levels. In order to implement the goals and objectives laid down in the Policy, they must be
substantially realised.

(C) SPORTS LAW AND WELFARE ASSOCIATION OF INDIA

The Sports Law & Welfare Association of India (SLAWIN) is a non-profit, national,
professional, organization whose common goal is the understanding, advancement, and ethical
practice of, "Sports Law" in India for the promotion of Sports, by bringing Legal Practitioners
and Sports persons together8

The Sports Law and Welfare Association of India has numerous aims to achieve, some of them
are, to provide educational opportunities and disseminate data regarding specific areas of sports
law, provide a forum for lawyers representing athletes, etc., establish rules of ethics for sports
persons, and many more.

7
Ankita Budhiraja, Sports Law and its Scope, LEGAL DESIRE.COM (Jan. 26, 2021),
https://legaldesire.com/sports-law-and-its-scope/
8
SPORTS LAW AND WELFARE ASSOCIATION OF INDIA, https://www.sportslawindia.info/aboutus.htm (last
visited Jan. 27, 2021)
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(D) SPORTS BROADCASTING SIGNALS (MANDATORY SHARING
WITH PRASAR BHARATI) ACT, 2007

The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (In
short Sports Act) was enacted by the Parliament with an objective to provide access to the
largest number of listeners and viewers, on a free to air basis, of sporting events of national
importance through mandatory sharing of sports broadcasting signals with Prasar Bharati,
through Door darshan channels. Section 3(1) of the Sports Act reads as under:

“No content rights owner or holder and no television or radio broadcasting service provider
shall carry a live television broadcast on any cable or Direct-to-Home network or radio
commentary broadcast in India of sporting events of national importance, unless it
simultaneously shares the live broadcasting signal, without its advertisements, with the Prasar
Bharati to enable them to re-transmit the same on its terrestrial networks and Direct-to-Home
networks in such manner and on such terms and conditions as may be specified”9 .

RECOMMENDATIONS OF MUKUL MUDGAL AND JUSTICE R.M.

LODHA COMMITTEES

In 2012 during Indian Premier League (IPL), certain players were alleged of being involved
in taking money for betting and spot-fixing and to deal with this a disciplinary committee was
set by the BCCI. After inquiry BCCI banned those for different lengths of time. This decision
was challenged before the High Court of Bombay. The petition challenging BCCI’s decision
was dismissed by the Bombay High Court. Later, an appeal was filed before the Supreme Court
of India for quashing the BCCI’s disciplinary committee’s decision and to constitute a separate
and independent committee to deal with the matter. A multi-member panel was set by the
Supreme Court, that is, the Mukul Mudgal Committee. After looking into the matter, the said
Committee submitted its recommendations along with inquiry report and other inferences
recorded by the Committee to the Supreme Court by concluding that the measures so taken by
the BCCI were insufficient and unproductive, also employment of players in franchise group
companies should be avoided in future. The Committee expressed its concern for the need of

9
MINISTRY OF INFORMATION AND BROADCASTING,
https://mib.gov.in/sites/default/files/Noticedated17october2018onwebsite.pdf (last visited Jan. 25, 2021)
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more effective and strict control on Players’ agents, investigating agency, match-fixing events
and the laws must be made stringent.

In the wake of Mukul Mudgal Panel Report, in January 2015 Justice R.M. Lodha
Committee was set up. One of the most important recommendations made by the Lodha
Committee was to set up distinct governing bodies for BCCI and IPL and also recommended
for the constitution of a Player’s Association in order to safeguard the interest and affairs of
the cricketers. Also, the Committee suggested reduction of the number of members in the IPL
Governing Council and the Working Committee.

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.

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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 behaviour 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.

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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 mention 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.

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 JUDICIAL APPROACH

In India, national sports bodies field the national team representing the country for
participation in international competitions where good performance is a matter of pride for the
entire nation10 These bodies also give telecasting and broadcasting rights to the successful
bidder for hefty sums and also earn revenues from advertisement in sports events11. They also
take disciplinary action against the erring players including debarring them from the game.
These bodies control even domestic matches or games within the country12.

The case of Ajay Jadeja v. Union of India13 began a new era of legal reforms in the field of
sports. Lack of proper coordinated investigation, integrity issues toward sports, procedure for
dealing with the complainant and several other controversies attached with it. It was held in
this case that as the sporting bodies perform public functions and therefore, are subject to the
writ jurisdiction of High Court.

The above-mentioned principle was upheld in the case of Zee Telefilms and Others v. Union
of India & Others14 by the apex court. This case is referred as the Magna Carta of Sports Law
in India. The question that arose in this case was BCCI’s arbitrary termination of broadcasting
rights agreement. Here, the aggrieved party, that is, Zee Telefilms filed a writ petition under
Article 32 of the Constitution of India before the Supreme Court. Although, a writ under Article
32 can only be filed against the authorities which are declared as ‘State’ under Article 12 of
the Indian Constitution. The Supreme Court held that BCCI did not constitute to fall within the
ambit of ‘State’ as per Article 12 of the Constitution. However, Justice Sinha (minority
opinion) opined that BCCI constitutes to fall under ‘State’.

Apart from the case of Zee Telefilms, there are numerous decisions which contribute to the
jurisprudence of Sports Law in India. As in the case of K. Murugan v. Fencing Association
of India, Jabalpur15, the Supreme Court discussed the significance of sports in India. The issue
that arose in this case was regarding the election of the members to executive council of the
Indian Olympic Association (IOA). The Supreme Court commented upon the same as:

10
Grayson E. former President of the British Association for Sport and Law, in his inaugural presidential
address 1 (1) Sport and the Law Journal, 1993.
11
Annual Report - 08, Ministry of Youth Affairs & Sports (Govt. of India). : 59, 2007.
12
Zee Telefilms and Others v. Union of India & Others, (2005) 4 SCC 649
13
95 (2002) DLT 14
14
Zee Telefilms, (2005) 4 SCC 649
15
1991 SCC (2) 412
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“This does not appear to us to be a matter where individual rights in terms of the rules and
regulations of the Society should engage our attention. Sports in modern times have been
considered to be a matter of great importance to the community. International Sports has
assumed greater importance and has been in the focus for over a few decades. In some of the
recent Olympic Games, the performance of small States has indeed been excellent and laudable
while the performance of a great country like India with world’s second highest population has
been miserable.”

Sports experts in India remain ungoverned as there is absence of enthusiasm of States. Hence,
the sports bodies come in to play their part of role in governing the same. There are several
sports bodies and federations, such as Board of Cricket Control India (BCCI) for Cricket, All
India Football Federation (AIFF) for Football, Indian Hockey Federation for Hockey, Sports
Authority of India and Indian Olympic Association at the apex. This shows that there is no
focal sports authority to govern all the sports game other than the Ministry of Sports Affairs,
which also works externally to administer these sports bodies. There are occasions where the
financially sound sports bodies such as BCCI have repudiated to join the Ministry and are only
integrated with to gain monetary advantages. This issue was discussed in the case of Zee
Telefilms v. Union of India16 it was said that “the Sports bodies largely remain unaccountable
to the state or any other central body inside the territory of India, which however should not be
the case considering the importance of sports in the modern arena.”

Therefore, a specific enactment is required for the entire nation, though there are certain
enactments such as the National Sports Development Code, 2011 which governs the National
Sports Federation of India, but as sports is held to be a part of the State List of Seventh Schedule
of the Indian Constitution, the above-mentioned Code’s validity was upheld in the case of
Indian Olympic Association v. Union of India17 by the Delhi High Court. At present there are
two draft Central Bills i.e. the Prevention of Sporting Fraud Bill, 2013 and the National Sports
Development Bill, 2013, which are to be promulgated, and if did then it would give further
belief and acceptance in the existence of Sports Laws in India.

16
(2005) 4 SCC 649
17
W.P. (C) 2310/2012, CM APPL.4946 & 17545/2012
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ALTERNATIVE DISPUTE RESOLUTION AND SPORTS LAWS IN INDIA

Arbitration is a form of Alternate Dispute Resolution technique which is preferred to resolve

disputes outside the courts. This legal technique exists in international sports through the Court
of Arbitration for Sports (CAS) in order to resolve international sports disputes as are referred
to it. It is considered as the most prominent forum which was created by the International
Olympic Committee in 1983,18.

The accomplishment of the aim of CAS in Australia, Canada and Australia stands evident to
the success of alternate dispute mechanism in resolving sports disputes internationally.
Although, it is prominent at this point to discover the reasons as to why there is an unexpected
and sudden influx towards these institutions. Owning to the dearth of focal sports bodies in
India, the clue is taken from foreign judgments to resolve sports disputes here.

The general disinclination of Sports authorities cures the countless deficiencies in litigating
sports disputes and submitting the same to the jurisdiction of national courts has been the major
drawback.

For instance, the track star Butch Reynolds case excellently brought a legal action which went
on for four years and some fifteen stages of litigation and arbitration. Eventually, the
International Amateur Athletic Federation (IAAF) refused to appear in the proceedings which
resulted in the winning of Reynolds with a $27 million judgment. This on the perverse case
wouldn’t have happened if the dispute was referred to the Specialized Sports Dispute
Resolution authorities/bodies The resolution of dispute through litigation gets pointlessly
extended and complicated. The well-known Lind land’s case19 included two contenders for a
solitary weight-class position on the United States wresting group for the 2000 Olympics in
Sydney. The non-achiever of the match, Matt Lind land, complained that the winner, Keith
Sieracki, had utilized illicit holds. The dispute experienced thirteen phases of litigation and
arbitration in the federal Courts, including fruitless appeals to the United States Supreme Court,
as well as the CAS. Eventually, the offended party won both his case and the silver medal in
the Olympics. A basic couple of step arbitration process would have been ideal. In addition,
ADR mechanism permits the parties to get opportune hearing, low overall costs,
confidentiality, adaptability and a decision made by a specialist acquainted with sports.

18
Gaurang Kanth, Emergence of Sports Law in India, INDIAN LAW JOURNAL, (last visited Jan. 28, 2021)
https://www.indialawjournal.org/archives
19
Lindland v. United States Wrestling Association, 227 F.3d 1000 (2000)
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Confidentiality is one of the significant features of ADR measure in sports. We experience a
daily reality such that athletes are respected ethically high in the general public. Media glare
could harm this aspect of Sports. Aside from the achievement pace of the Sports dispute
resolution bodies specialized in alternate dispute resolution mechanism like CAS, these are few
of the advantages of having resort to Alternative dispute resolution. In the light of the
contentions progressed above, I propose that Alternative Dispute Resolution on a comparative
scale is an ideal method of dispute resolution for sports disputes.

A legal action brought at the eleventh hour of a Sports competition can distort the competition.
It brings up vital issues of respecting judiciary and proceeding with the competition as well as
associated inquiries concerning the qualification of the player. In 1994 winter, games, elite
skater Tonya Harding20 was blamed for physical assault on her United States competitor. The
outcomes of this ideal suit brought about serious difficulties to the United States Olympic
Committee. According to this in 1998, the United States Congress amended the Amateur Sports
Act, 1978. As per the amendments, a Court may not comprehensively impose any injunction
against the United States Olympic Committee within 21 days of the start of a significant Sports
Competition. Interestingly, none of the Indian Legislations or judicial pronouncements has
imposed any such ban restricting such ideal suits/litigations.

ADR measure permits the parties to get convenient and timely hearing, confidentiality, low
overall costs and flexibility. Further, arbitrators have prowess in the field. Aside from the
success pace of the Sports dispute resolution, bodies specialized in alternate dispute resolution
mechanism such as Court of Arbitration of Sports; these are some of the benefits of having
resort to Alternative Dispute Resolution (ADR)21

20
Tonya Harding v. United States Figure Skating Association, 851 F. Supp. 1476 (D. Or. 1994)
21
Shubham Borkar and Parimal Kashyap, Sports Law in India, KHURANA & KHURANA ADVOCATES AND IP
ATTORNEYS, (last visited Jan. 27, 2021) https://www.khuranaandkhurana.com/2019/01/04/importance-
ofsports-law-in-india/
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 CONCLUSION AND SUGGESTIONS

For Sports and Sportsmen to prosper, Sport law needs to thrive in India; the intervention of
the Legislature is must. India needs to comprehend that “sports” is not any more an irrelevant
cluster of athletes fighting for top position but it additionally includes intricate legal issue and
the entire career of the athletes is at stake. There is a distinct legal system emerging from this
field and ought to be given satisfactory consideration. Sports Law is certainly a rewarding
profession. An endeavour ought to be made to improve the sporting environment with the guide
of law. Sport is not restricted to amusement alone but is a matter of National pride. The rise of
Indian Cricket League and Indian Premier League has begun to raise vital issues with respect
to Competition Law in the recent occasions. This satisfactorily exhibits the need to improve
Sports Law in India.22 The Indian Sports industry has advanced significantly. Sports have
assumed a corporate structure with the number of commercial interests included. With
expanding market development and the requirement for clear and comprehensive legal
documentation, sport issues are gradually turning into a significant concentration as agreements
should have the option to explain parties' expectations and responsibilities, should ensure the
competitor's and the brand's big-picture interests and should factor in regulatory, legal and
various risks inherent in the industry. The nation has arrived at a phase where we need an
enactment that manages sports law. To fulfil the expanding needs of the evolving situation,
national as well as international, it is significant that a uniform code for sports be promoted.

Like India, USA and UK don't have a national enactment/legislation to control sports and the
sports federations in the nation. Although, the enactment of legislations in all the three
classifications of sports law, i.e. amateur, professional and international athletes of US offers
security to the interest of the athletes. The key issues faced by the Indian sports include:

• Mistakes in management non-accountability for results

• Inefficient or inappropriate deployment of funds

• Undemocratic or unethical electoral practices in sports bodies

• Prejudice in selection procedures for national teams23

22
Id.
23
Kanth, supra note 18
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Therefore, India needs a national legislation for advancement, improvement and uniform
regulation for sports in India. Sports figures as Entry 33 in the State list of the Seventh Schedule
of the Constitution of India. In spite of the fact that there was a proposition to include sports in
Concurrent List over which both state as well as centre will be competent to make laws,
although, the government has failed to do so. Moreover, the government has failed to
implement the National Sports Policy of India even after its repeated endeavours. The
Parliament must enact a national legislation on sports wherein:

Firstly, it will accommodate building up a Sports Commission to regulate sports in India. The
Sports Commission will:

• support talent identification and promote and foster development and participation in sports
at all levels of foundation, participation, performance and excellence;

• advise the Ministry of Sports and Youth Affairs regarding sports.;

• monitor and take measures to ensure the proper use of funds allocated by the Sports
Commission to sports federations;

• ensure an adequate allocation of funds and resources to national and provincial sports
federations and their affiliated bodies;

• must oversee the implementation of sports policies in India etc.

Secondly, the enactment on sports will focus on advancement of game, directly from the
school level by coordinating sports with education by making it a necessary subject of learning
up to the Secondary School level.

Thirdly, in addition to the Union and State Governments, the supported inclusion of different
organizations, including the Panchayati Raj Institutions, Educational Institutions, Local
Bodies, Sports Associations/Federations in the utilization, creation and proper maintenance of
the sports infrastructure like play fields and stadium, both in rural and metropolitan regions.

Fourthly, the sports associations and federations will no more be independent and self-
governing and will enlist itself under this legislation rather than registering under the Societies
Registration Act and the assignment of funds to these associations/federations will be steered
through the Sports Commission set up under the Act. These federations/associations should be
responsible to the Sports Commission in regard of fund. The Sports Commission will have the
power to carry out investigation in regard of any misappropriation of funds.
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Fifthly, the Sports Commission will be empowered to carry out dispute resolution. It will be
empowered to comprise boards/panels for adjudicating disputes and punish offenders for
infringement of set of principles or code of conduct.

Sixthly, the association like Sports Authority of India will be heavily influenced by the Sports
Commission and will exclusively target organizing different sports activities in India.

Therefore, in a nation like India, where practically all sports are being played, unless there is
an order of an appropriate enactment/legislation with that impact, it is impossible to bring
issues to light about the same among the people of India.

In a country like India, where almost all sports are being played, unless there is an enactment
of a proper legislation to that effect, it is impossible to raise awareness about the same amongst
the people of India and more specifically various stakeholders.

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 BIBILOGRAPHY
STATUTE REFFERRED

1. SPORTS BROADCASTING SIGNAL (MANDATORY SHARING WITH PRASAR

BHARATI) ACT 2007.
2. NATIONAL SPORTS DEVELOPMENT CODE OF INDIAN ACT 2011.
3. NATIONAL SPORTS UNIVERSITY ACT 2018.

WEDSITE REFFERRED

1. https://www.researchgate.net/publication/355970412_Handbook_Developing_Sports_
Law_in_India_A_Challenge_Ahead_First_Edition
2. https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2972059_code1113018.pdf?abstr
actid=2972059
3. https://www.academia.edu/16591582/Research_Paper_on_Sports_Law
4. https://www.amity.edu/abs/abr/pdf/Vol%2014%20No.2/2.pdf
5. https://www.ijlmh.com/wp-content/uploads/Exploring-and-Analysing-Sports-Laws-
in-India.pdf
6. http://ignited.in/a/56726
7. https://www.google.com/search?rlz=The+importance+of+sports+law+in+India&sa
8. https://www.springer.com/journal/40318
9. https://internationaljournalofresearch.com/2020/07/22/need-of-sports-law-in-india-2/
10. https://cosmosmgmtjournal.in/wp-content/uploads/2020/11/CM-JD205-Abhimanu-
Chatttree.pdf

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