Sunday, 26 February 2017

Pallavi Gupta

Emerging Sports Law in India


Introduction

Unlike theoritical laws, Sports law is a pure law. Sports law is a mixture of laws that apply to the athletes and the different sports they play. Some laws depends on the status of the athlete, some differ according to the sport and some vary for other reasons.

Recently

The newspapers's front pages are generally reminders of human corruption, drug abuse, rape, kill, dacoity, fraud, etc. Therefore, most of the people escape the front page news and jump to the sports section news to find some new news.
Chronicles of the Peter Korda drug doping affairs, the Olympic Games bidding disgrace, Cricket series of falls over mach fixing, payments from bookies and Ranatunga muddle, reveals the cynicism of sports.

Issues that need awareness



  • Employee contract agreements must ensure that all contractual agreement accrues matters of intellectual property between employee and employer. 
  • Harassment in Sports includes the harassment of fair sex in sports, female participants in sports, constitutional law for prevention of racial and gender harassment. 
  • Sports injuries with regard to the issues of liability and risk assessment insurance provisions.
  • Indian Sports Policy with reference to the Competition Law: Indian Sports Act must ensure proper structure and liabilities of the sports bodies; and key policies for sports bodies including code of conducts, policies for discipline, selection, harassment, conflict of interests, recruitment and awards, etc.
Laws and Legislations

There are no central or state legislation related to sports in India, Although the ministry which was set up by the government was responsible for achieving excellence in different sports events which were conducted and also to build good infrastructure for sports in India.
The administration of sports activities is in the hands of autonomous bodies, such as SPORTS AUTHORITY OF INDIA(SAI),INDIAN OLYMPIC ASSOCIATION(IOA), HOCKEY INDIA(HI) AND BOARD OF CONTROL FOR CRICKET IN INDIA(BCCI).

The following govern the whole of Sports Law:


  • NATIONAL SPORTS POLICY( 1984-2001)
The main objective behind enacting this was to raise the standard of sports for the reason that it was degrading due to corruption, betting, etc. It was later realized that the Bill of the year 1984 was incomplete, and its implementation was not complete, and in a bid to revise the bill the same was reformulated in the year 2001


  • SPORTS LAW AND WELFARE ASSOCIATION OF INDIA
It is a non-profit national organization that aims to understand, and work for the advancement of ethical sports law in India for promoting sports. The primary task of the organization is to provide consultancy services on different matters like Indian sports policy, sports injuries, health and safety in sports, IP issues in sports, etc. It also provides a forum for legal practitioners who represent different people, to set up rules for ethics for sports persons.


  • SPORTS AUTHORITY OF INDIA
The Sports Authority of India is an apex National Sports body set up in the year 1984 by the Ministry of Youth Affairs and Sports for broad-basing and bringing excellence in sports across India as a whole. 
  • THE SPORTS BROADCASTING SIGNALS ACT
This Act was passed in the year 2007; its main objective was to provide access to listeners and viewers so as to encourage a larger audience. It shall cover the sporting events which are of national importance through mandatory sharing of sports broadcasting signals with Prasar Bharati and for matters related to it. 
CONCLUSION:

Given the close relation of sports with national pride and the kind of influence it has on the mind of the nation, the state has the most important role to play. It is very clear that the existing model has not succeeded in achieving its objective and it is time for a new model to be made. Also, it is quite clear that our culture and our attitude towards sports is the biggest hindrance in improving sporting standards.