Introduction
Modern legal discourse often centres on well-established areas including criminal law, contract law, corporation law, intellectual property rights, and constitutional law, with a number of high-profile cases drawing public interest. However, despite its presence, the general public frequently ignores the field of sports law. The low frequency of sports law-related educational programmes widend and the comparatively rare mention of sports law in India’s legal history are the main causes of this ignorance.
Unlike its more well-known rivals, sports law appears to be cloaked in uncertainty, sparking continuous discussions over whether it should be treated as a separate legal discipline or just a nomenclature without sound legal underpinnings. This calls into question the acceptance of legitimacy of sports law in the practice and study of law.
Sports and Indian Law: A Dilema
Unlike its more well-known rivals, sports law appears to be cloaked in uncertainty, sparking continuous discussions over whether it should be treated as a separate legal discipline or just a nomenclature without sound legal underpinnings. This calls into question the acceptance and legitimacy of sports law in the practice and study of law.
Advocates of this conventional viewpoint assert that sports are not solely governed by any distinctive set of legal rules. They argue that there is no need for a separate area of law because sports-related concerns are sufficiently covered by the current legal systems.
Nonetheless, there is a counterargument put out by those who favour creating sports law as a separate profession. They highlight population growth as well as developments in sports and gaming, and they contend that specific legal frameworks are necessary to control actions that might violate people’s rights while they play sports. Some nations, such as the United States, China, and South Africa, have explicitly recognised sports law as an essential part of their legal systems as a result of this ongoing discussion. The subject of whether sports law is a distinct field continues to be discussed across the world despite diverse perspectives.
Sports and the Laws: Indias Legal Pitch
Historical records indicate that there is no national or state legislation in India that is exclusively devoted to regulating sports. Establishing the Ministry of Youth Affairs and Sports was a proactive move by the Indian government to close this gap. This ministry’s main goals are to build up the sports infrastructure, improve institutional capacities to encourage mass involvement in sports, and win national and international competitions. Notably, autonomous organisations called as National Sports Federations (NSFs) are principally in charge of sport development.
The regulation and oversight of sports law in India involve various key components:
National Sports Policy:
Aiming to improve the standing of sports in the nation, the National Sports Policy was first presented in 1984 as a result of a National Sports Reform Resolution that was put forth in both Houses of Parliament. Every five years, the policy is periodically reviewed to evaluate its success and determine what steps to do next. Despite covering a wide range of sports marketing topics, it has been noted that the policy may not be enough on its own to ensure effective implementation.
Sports Law and Welfare Association of India:
This non-profit organisation is essential to the advancement of sports law ethics in India. The association, which is made up of legal experts and athletes, concentrates on offering advice on a range of topics, including sports regulation, regulatory bodies, legal disputes in sports, intellectual property rights in sports, and legal representation for athletes and sports organisations in court.
Sports Authority of India (SAI):
Originally created as an executive organisation to oversee the organising of athletic events in India, SAI rose to prominence after the triumphant IX Asian Games in Delhi. The expansion of SAI’s operations was prompted by the government’s heightened emphasis on young physical fitness promotion, sports development, and channelling energy towards excellence. The organisation helps athletes through a range of programmes, including as training plans, coaching, awareness campaigns, and scholarship programmes, and strives to promote widespread involvement in sports.
Sports Broadcasting Law in India:
Enacted in 2007, the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act aims to provide public access to major national sporting events. With the help of this legislation, Prasar Bharati must share sports broadcasting signals in order to provide free-to-air coverage to a wider audience.
To sum up, India’s approach to sports legislation combines governmental efforts, regulations, specialised associations, and legal measures to guarantee moral behaviour, promote sports growth, and improve national access to athletic events.
Jurisdictional Umbrella of Sports In India
In India, sports law is no longer a patchwork of laws applied in certain jurisdictions. Instead, it is specifically addressed in the seventh schedule of the constitution, falling under entry 33 of the concurrent list. This means that both the Union and State legislatures have the authority to enact laws pertaining to sports figures. Notably, three states – Rajasthan, Himachal Pradesh, and Uttar Pradesh – have already implemented laws governing various aspects of sports activities, including the registration, regulation, and recognition of sports associations.
Across India, numerous clubs, associations, and societies operate as independent, non-profit private bodies. These entities play a crucial role in the sports landscape by autonomously managing various aspects of sports events. They also have the authority to grant telecasting and broadcasting rights to the highest bidder, generating revenue through advertisements during sports events.
Sports Law and Competition law: Convergence or Collusion?
The rivalry between teams is what gives sports its identity, motivating players and bringing in money for the business. For a team to succeed, efficiency is essential, yet uneven skill distribution might cause asymmetries in the competition. Sports frequently make money from the competitive aspect that draws spectators and sponsors. Sports are usually structured in a pyramidal fashion, with a dominating governing body in charge of competition and business matters.Competition rules work to stop anti-competitive behaviour by making sure that a single organisation, such as the Board of Control for Cricket in India (BCCI), does not impede the growth of competitors. Under competition law, restrictions limiting a player’s ability to participate in other events are frequently challenged.
Judicial Insights: A Comphrensive Analysis
Considered by many to be the Magna Carta of Indian sports law, the Zed Telefilms case ruling brought attention to the BCCI’s capricious cancellation of broadcasting rights. The party that felt wronged, Zed Telefilms, filed a writ suit under Article 32 of the Constitution. However, the majority ruling determined that the BCCI was not a “State” as defined by Article 12. In his minority ruling, Justice Sinha maintained that the BCCI ought to be regarded as a State. He highlighted the importance of sports in India and drew comparisons with other countries such as the US, Australia, UK, Scotland, and New Zealand. This case is notable for being the only one in India where the significance of sports was thoroughly examined.
Other rulings, including the Zed Telefilms case, have added to India’s body of precedent on sports law. The importance of sports in the nation was discussed by the Supreme Court in the 1991 case of K. Murugan v. Fencing Association of India, Jabalpur. The Indian Olympic Association’s executive council elections were at issue in this lawsuit. The Supreme Court recognised the critical role that sports play in the community even while it expressed a reluctance to decide on individual rights within the constraints of society. The court emphasised the expanding significance of sports on a global scale and drew attention to the impressive Olympic performances of smaller states, as opposed to the lacklustre showing of a large nation such as India.
Sports Law Practice in India
Sports sector lawyers handle a wide range of profitable and interesting cases. Despite the widespread misconception that their job is restricted to contract negotiations with sports teams, they are involved in almost every facet of athletics law. Sports attorneys offer a broad range of legal services, which is indicative of the extensive legal resources and real-world knowledge required to represent clients in the sports industry. These attorneys deal with a variety of matters, including helping schools and institutions negotiate conditions of employment for players, club owners, and other individuals connected to sports. They also negotiate player contracts. In addition, they can manage settlements on behalf of universities and colleges.
The Indian sports business has advanced significantly, becoming a professionalised field with large financial stakes. Legal complications emerge as the sector expands, underscoring the necessity of clear and thorough legal paperwork. Legal concerns in sports are becoming more and more common, particularly when it comes to the drafting of contracts that must precisely define players’ obligations while defending the interests of teams and people as a whole. The inherent legal, financial, and other risks of the sector must also be covered by these contracts.
The condition of sports in India today emphasises the need for policies and guidelines that adequately handle the complexities of the sports industry. The lack of sufficient funding and corruption in sports federations are the reasons behind the country’s poor performance in important international sporting events. There is an urgent need to create a uniform legal code for sports that can handle the difficulties and guarantee honest and open business practices in order to adjust to the changing environment.
Conclusion
The growth of Sports and Sportsmen in India necessitates the development of Sports Law, requiring legislative intervention. It is crucial for India to recognize that sports is no longer just a competition among athletes; it involves complex legal issues, and the entire careers of sportspeople are at stake. A dedicated legal framework has emerged in this field, demanding significant attention. Including Sports Law in the law school curriculum is essential to nurture expertise in this domain.
The practice of sports law is intrinsically fulfilling, and it is important to use the legal system to improve the athletic environment. Sports are a source of pride for the country, not just for amusement. Sports law in India has to be advanced immediately since leagues like the Indian Premiere League and Indian Cricket League have raised important questions about competition law. Khurana & Khurana emphasises the need for legal knowledge in this developing subject by actively participating in sports litigation and sports law arbitration.
Bhavana N is an Second year student of IIM Rohtak . She can be contacted Via ipl02bhavanan@iimrohtak.ac.in
Kamlesh Singh is a third year student of Bharati Vidyapeeth New law College. He can be contacted Via Kamlesh.new.law.college@gmail.com