Sports help in advancement of peace, development of children and youth,
functional lifestyle and active social participation. It primarily brings a
sense of belongingness and national pride. Sports create loyalty in people which
is such a pure emotion that people have extreme reactions towards it. Everyone
loves to play and watch sports because it is honest, if you produce results you
get to play. Sports teaches us the importance of teamwork, community, fidelity
and most importantly to look out and care for each other.
Introduction
Law is a root to justice and peace and if we don't have law, everything will
eventually fall apart. Rules and Regulations are made in order to protect people
from injustice and inequality. It is crucial to have an established legal
framework to regulate sports so that encumbrances like racism, doping, age fraud
etc can be prevented and monitored. Sports law helps to protect gender equality,
prevent betting and gambling, promote professional management in sports, address
antitrust and competition policy issues related to sports and regulate sports
broadcasting rights.
Sports law is the consolidation of different laws which helps to govern sports
all over the world. Different associations have been established to oversee the
global governance of sports i.e
- Cricket - International Cricket Council
- Football - Federation International Football Association
- Athletics - International Association of International Federations
Sports Law in India
The Government of India constituted the Ministry of Youth Affairs and Sports to
monitor and regulate sports in India. The Ministry was tasked to develop the
sports infrastructure and promote extensive advancement of sports along with
attaining supremacy in competitive events at national and international levels.
India is a home to many sports which makes it more important to have an
established legal structure to monitor, regulate and govern sports in India.
In the Seventh schedule of the Indian Constitution, Article 246 categorizes
three classes of list; Union list, State list and the Concurrent list. The items
in the Union list can only be governed by the Union government, the items in the
state list can only be governed by the State government and the items in the
concurrent list can be governed by both the Union government and the State
government.
Entry 33 under the State list proclaims that the State has the jurisdiction to
make laws on any matter pertaining to sports. While as the state subject, sports
development comes under the ambit of State jurisdiction only at the state level
but at the national and international level, it falls in the purview of the
Union Government because of its residuary powers and matters involving foreign
affairs and implementation of international treaty obligations, stated in
Entries 10 and 13 of the Union List.
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.
National Sports Policy, 2001
The National Sports Policy, 2001 laid down the measures that need to be taken in
order for growth and development of sports across the country. The importance of
working together is considered an ideal solution to achieve the dual purposes of
Broad-basing of sports and Achieving Excellence in sports at the National and
International levels.
The Union government is to work in synchronisation with the State government,
National Sports Federation and The Olympic Association (IOA) to achieve the
objectives of the Policy. The sports activities in which the country has
possible growth and competitive edge, need to be aggressively encouraged. The
policy aimed at inserting sports and Physical Education in the Education
curriculum.
The government implemented the National Sports Policy, 2001 for development of
sports in the rustic areas to recognize and utilize the accessible talent and
potential. In this context, the rural Youth and Sports clubs as well as the
Village Panchayats are to be prepared to facilitate the development of the
needful infrastructure and for the recognition of talent through an appropriate
competition structure in the deprived and remote parts of the country.
National Sports Federations (NSFs)
The National Sports Federations are autonomous bodies affiliated with State and
District level Associations for the management, development of sports and to
bring together sports groups and licensed players with the intention to organise
sports through various competitions. NSF helps in discovering potential athletes
and helps in training of such athletes for national and international
competitions. The federations are established in order to achieve the goals
highlighted by National Sports policy made from time to time by the Government
of India.
National Sports Development Code of India, 2011
The Government of India has now and again formulated policies and strategies to
promote good governance practices in the organisation and management of sports
at the national level. These policies are rooted from the Basic Universal
Principles of Good Governance of Olympic and Sports movement and therefore do
not, contradict or interfere with the individualism of the national sports
federations in discharging their functions and duties in accordance with the
Olympic Charter. Recent judgements conferred by the Hon'ble Supreme Court of
India and various high courts are incorporated under the National Sports
Development Code of India, 2011.
The Hon'ble Delhi High court in the matter of Indian Hockey Federation stated
that International sporting events are an important part of diplomatic
relations, political and diplomatic clearances are obligatory for Indian teams
before participating in the international competitions and tournaments, the
court called attention to the fact that the State Government has no jurisdiction
to undertake such exercise, making it the exclusive right of the Union
Government.
Match fixing and Criminal law in India
Match fixing is an act of setting up a game to be played for a predetermined
result, in violation of the rules of the game as well as the law. There are
instances of teams intentionally performing poorly just in order to gain a
future advantage or for a better draft pick or losing for future advantage are
some practises which are included in the bounds of match fixing. Games that are
deliberately lost are called thrown games.
Fixing a match to achieve prearranged results requires contacts, players, team
officials and referees. Match fixing is called by many other names such as game
fixing, sports fixing, or hippodroming. The criminal act of match fixing has not
been defined or mentioned under any Indian criminal law and thus the act of
match fixing is vaguely included in criminal conspiracy defined in th Indian
Penal Code, 1860. Section 120 (A) of the Indian Penal Code, 1860 defines the act
of criminal conspiracy where if any 2 or more persons agree to do or cause to do
an illegal act or a legal act by illegal means then such agreement is
constituted as a criminal conspiracy.
Prosecution under criminal conspiracy requires prosecution under criminal breach
of trust, cheating and dishonestly inducing delivery of property. The
prosecution has to prove what property was transferred and how exactly it was
misappropriated, It makes it instrumentally difficult to prove that any player
was involved in a criminal act of match fixing.
Maharashtra Control of Organised Crime Act, 1999
In the wake of many cases of organised crime in sports, Maharashtra came up with
an act to specifically target organised crime and enacted a special law with
strict and deterrent accoutrements to control the plague of organised crime. The
Act quashed any other laws which are prevailing or made in contravention with
the provisions of the act.
The Act was enacted to become the most promising statute to control and finish
the syndicate of organised crime in the state but it had some major loopholes as
the Act did not explicitly criminalise match fixing and in order to prove a
person for match fixing, continued unlawful act or membership in an organised
crime syndicate was required which made it imminently difficult to prove the
criminal act in a court of law.
Prevention of Corruption Act, 1988
The act was enacted to prevent corruption in government organisations and public
sectors by the public servants. In order to prove a player is guilty of
corruption, the prosecution has to prove a bribe has been offered to a public
servant/ athlete. In
Zee Telefilms case, The Supreme Court of India
decided that Board of Control for Cricket in India (BCCI) has state like
features and thus any athlete employed by BCCI is a public servant.
Thus any national sports body having state like characteristics employs an
athlete, the athlete is said to be a public servant. In India the acts that
normally constitute match fixing are not specifically criminalised under any
Indian law and consequently if any acts in question happened between 2 clubs,
none of the players can be considered public servants as required for
prosecution under the Prevention of Corruption Act, 1988.
Conclusion
In 2000, CBI surveyed Indian laws and found that only Prevention of Corruption
Act, 1988 is one law that could be convincingly useful for criminalising the
acts of Match fixing by cricketers in the Indian Cricket team. In a PIL filed in
the Delhi High Court, the Hon'ble Court took a serious outlook on the
mismanagement of the sports sector in the country and expressed deep concern at
the inability on the part of the government in implementing and enforcing its
own guidelines. The government needs to take cognizance and form a proper legal
work to regulate sports in India.
It is a strenuous process to prove match fixing using Indian criminal law and
the criminal law punishment is inadequate for crimes committed in the sports
sector. With a national legislation, the government and the governing body of
sport can punish crimes with greater detriment.
India is in dire need of a national legislation for development and uniform
management of sports. Sports need to be included in the Concurrent list over
which both Union and the State government are competent to form laws. The
government should take bona fide actions for implementation of the National
Sports Policy of India.
Further the Indian government should establish a Sports Commission for
regulation of sports in the country. The sports commission will help in
surveying the implementation of sports policies in India and in advising the
government for formulation of such policies.
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