Sports have a special position among humans, with the majority of us having
participated in some form of sport as youngsters in school or college, and some
even choosing it as a career Sporting activity have their own set of health
benefits, since they maintain the body both physically and mentally healthy.
Aside from that, some people are enthralled by a particular sport, which drives
them to excel at it. Then there are those who regard sports as only a kind of
amusement. In a country like India, children begin to show an interest in
numerous sports activities at a young age, such as cricket or badminton, for
which they do not require suitable facilities or equipment to participate.
Today, we can observe that India's sports persons is extremely competitive and
has a global reach. The revenue generated by this industry accounts for 3% of
global trade and has achieved prominence in both the social and political
sectors around the world. Since India has effectively evolved sports into
something more than just a personal pastime, it is now confronted with a number
of sports-related issues.
Hosting major events, handling sponsorship and media,
giving infrastructure and licensing to athletes, and enforcing ethical athletic
activities across the country are all examples of this. Such complex issues
could be dealt with the introduction of proper law that would safeguard the
interests of the sports industries and also restore a balance. With the coming
years, as the industry witnessed certain scandals and maladministration in this
system, new policies were designed to execute and various associations were set
up to govern the sports law in India.
National Sports Policy
The mere presence of Indian athletes at various events and contests was
insufficient to develop a positive image of sports in India. The politicians
felt compelled to enact a policy in order to improve the country's sporting
standards. In August 1984, both Houses of Parliament passed a resolution on the
National Sports Policy with this notion in mind.
It was decided that after the
policy was implemented, the progress made would be recorded and reviewed every
five years in order to prepare the next course of action if it was deemed
essential. The National Sports Policy of 1984 had some promising aspects, but it
could not be implemented. National Sports Policy, 2001 was drafted with a
three-fold goal in mind to reformulate this policy and address any flaws in the
The policy's guidelines are as follows:
- The initial goal was to clearly define the areas of responsibility for
all agencies responsible for sports promotion and development. Promotion is
critical for all athletes and sponsors in the sports industry.
- The second goal was to identify which sports federations were qualified
for coverage under these rules, and then to spell out the procedures that
these federations must follow in order to get government help and even
- The third phase was to determine the government's qualifying criteria
for awarding money to sports federations. These parameters had to be
carefully selected in order for the federations to take it seriously.
Indeed, the Central Government, with the help of the State Government and the
Olympic Assn., came up with its own objectives in accordance with the provisions
of the National Sports Policy, 2001, such as broadening sports participation,
making Physical Education a compulsory subject in schools, assisting in the
promotion of sports and achieving excellence in sports at both national and
international levels. Sports was placed in the State List under the Seventh
Schedule (Entry 33) of the Indian Constitution to achieve all of these goals.
Sports law is governed by a number of organizations:
Some organizations have taken on the task of managing and growing sports in
India while adhering to specific legal guidelines and rules. The following are
India's sports law and welfare association:
The Sports Law and Welfare Association of India is a nationwide professional
non-profit organization dedicated to promoting ethical sports law practice in
India. Its mission is to better understand and strengthen existing sports
regulations, as well as to ensure that these laws are followed in order to
maintain the sports business. It accomplishes this by bringing legal
professionals and athletes together and providing advice on any legal concerns
that the individual may be facing.
Aside from that, the organization serves as a
consultant on issues such as sport’s governing body regulation, general sports
disputes, intellectual property issues, internet advocacy and promotion, and so
on. It also intends to address any legal issues that influence sports or
sportspeople, as well as to express different viewpoints on legal issues.
will also provide a venue for all attorneys representing athletes, teams,
leagues, conferences, recreational and educational institutions, as well as
those working in organizations engaged with Olympic, physical education, and
amateur sports. This forum will assist with the establishment of standards to
guarantee that ethical behavior is maintained.
India's Sports Authority
The Sports Authority of India (SAI) is a national apex organization established
in 1984 by the Ministry of Youth Affairs and Sports to organize and organize
various sports events across the country. Following a series of successful
sporting events in the country, the government was inspired to focus on the
growth of sports in India and to encourage young physical health.
Authority of India has expanded its horizons to promote a wide range of sports
and to provide guidelines for young people to focus their efforts on sports
excellence. It also launched a number of complementary initiatives, including
physical education in the classroom, coaching, and public awareness of physical
fitness and sports. It also established sports scholarships to encourage young
people to participate in sports, as well as schemes to provide incentives to
those in need of training to improve the abilities of Indian athletes.
In India, there is indeed a law enacted sports broadcasting:
The Sports Broadcasting Signals (Mandatory Sharing with Prasad Bharati) Act was
established in 2007 to enable free access to a wide number of listeners and
spectators to certain sports events of national importance. This can be
accomplished by exchanging sports broadcasting signals with Prasad Bharati for
purposes connected to sports broadcasting.
The Act prohibits any content right
owner or holder television or radio broadcasting service provider from carrying
a live television broadcast on any cable, direct to a home network, or radio
unless the broadcasting signals are continually shared. This is done to draw a
huge crowd, to pique people's interest in sports, and to promote sports to a
Ministry of Youth Affairs and Sports
The Ministry of Youth Affairs and Sports establishes the requirements for
various National Sports Federations to be recognized and receive funding to
promote sports events. It is in charge of overseeing, supporting, and assisting
the bodies that administer sports in India. In order to achieve excellence, the
Ministry also implements long-term development plans.
A law of sports and competition
Two teams fighting against each other are said to be in competition. It is the
rivalry between the teams that distinguishes it as a game. This competitive
element not only encourages users to participate, but it also provides a means
of making cash from games. For the teams to be successful, they must be
efficient in order to compete more effectively.
Competitive imbalance can result
from unequally distributed playing talent. Competition is what guarantees that
participants get rewarded for their services and that the sector has a steady
stream of revenue. Sport is usually structured in a pyramid
format, with a
single governing body controlling the majority of the economic elements of each
sport on one end. This regulatory body is in charge of overseeing the games and
The competition law monitors these entities to ensure that no
anti-competitive organizations emerge as competitors. The Board of Control for
Cricket (BCCI) has the de facto ‘dominant' role in the organization, as it does
in India. They create regulations to keep rival groups from forming by tying
players together and preventing them from competing in other events. Under
competition law, these regulations are being challenged.
Sports law and arbitration as a dispute resolving mechanism
Arbitration, a type of ADR, is a legal method of settling disputes outside of
the courts in which the parties to a disagreement refer it to one or more people
known as arbitrators, who subsequently issue a judgement that both parties agree
to obey. It is a basic settlement strategy in which a third person or party
reviews the case submitted by the other parties and then makes a legally
enforceable conclusion for both parties.
In India, the Arbitration and
Conciliation Act of 1996 governs arbitration. This Act is divided into two
sections, one of which deals with the resolution of disputes on a national level
and, on occasion, on an international level.
The second section focuses solely
on arbitration outside of India. Any problem in the sphere of sports is first
addressed to the federations that control the specific sport in question, and
then, if required, the international federation is also engaged in settling the
problem. The necessity for arbitration is growing as the games become more
professional and competitive.
This method not only gives a speedy decision on
what to do, but it also delivers the best answers based on the diversity and
incontestability of sports. Aside from that, the arbitration system relieves the
courts of the burden of sports-related conflicts, which are already overburdened
with cases and often take a long time to resolve.
The sports sector is a powerful unit of India because it has talent, player
devotion, government backing, money and grants to meet the requirements of
individuals, a clear agenda, objectives that must be met, and methods that will
be necessary to put up a good game.
One of the most crucial aspects of having
all of this is discipline, which can only be achieved by adhering to
sports-specific law and guidelines. It is the rules that have provided such a
solid basis for the Sports Industry to continue to stand on its own.