Sports Law in India


Posted On : April 26, 2017
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Table of Contents

   INTRODUCTION 

Sports Law means the governing of all the sports at professional or amateur level. In India a lot of sports are being played at various level, while some sports like cricket and hockey have still managed to develop  but there is no particular legislation governing the development of sports in India. The simple reason as to why sports should be developed in India is because our country's sportsmen represent us at international level and it is a matter of pride.  But if  they perform badly it creates a really bad image of the nation outside the country. A lot of countries want their sports team to perform well at international levels and are ready to invest in sports. For example before the 2014 FIFA World Cup in Brazil, the German National Team practiced in artificial weather conditions similar to weather conditions in Brazil and no wonder they won the World Cup. But we don't have such facilities in India for any sports, the best facilities that are available are for the game of cricket and again its no wonder India is doing so well in cricket.

THE NATIONAL SPORTS DEVELOPMENT BILL, 2011.

In the month of February 2011 the draft of the National Sports Development Bill, 2011 was streamed on the website of Ministry of Youth Affairs and Sports and it was being edited after receiving suggestion and comments from sportsmen, athletes, National Sports Federation, the Indian Olympic Association etc. The bill has its own ups and down and the development of the bill can be categorized into five phases. In the first phase the Ministry of Youth Affairs and Sports identified the broad issues which the bill should address. The second phase was a committee was being established to review the comments received by the bill. In the third phase the committee had to select particular suggestion which were useful and incorporate them into the bill. The committee then made amendments to the draft of the National Sports Development Bill and submitted it to the Law Ministry , that was the fourth phase. In the fifth phase the bill was presented to the Cabinet, but it was sent back to the Ministry of Youth Affairs and Sports with their comments and  the Ministry of Youth Affairs and Sports was asked to redraft the bill. Though the intent behind the National Sports Development Bill is to ensure good governance practices like transparency, discipline, accountability and responsibility, it needs to be seen that whether the bill will become an act one day.

  HARASSMENT IN SPORTS

In sports many women and girls have been victims of sexual harassment, due to this many females walk out of their respective field of sports. Sexual harassment in sports is a problem as much as it is in any other part of the society and most of the organization do not have a proper mechanism to deal with. Though the organizations can establish rules and regulations for ethical conduct of the athletes, but there is a clear need for the intervention of the government. It is the need of the hour that the government passes a bill that deals with issue and handle the issues of sexual harassment in sports in a more strict sense.

SPORTS LAW: RETICULATION OF COMPETITION 

The sports activities are concerned with fair competition at all levels, and it is very obvious that it will have a nexus to competition law.  In India competition regime with regard to sports activities is born at a new born stage. There is a clear need for structural and managerial changes in sports organizations to improve their responsibility and accountability to general public and sportsmen, specifically referring to anti- competitive practices by BCCI and controversy between Indian Hockey Federation and Hockey India.

TRENDING LEGAL ISSUES OF SPORTS LAW IN INDIA

The following are the trending legal issues in sports law in India-
  1. Various Contracts of Sportsmen: A lot of things have to be taken into consideration during the drafting of a sportsmen contract like terms of hiring, duties and obligations of the sportsmen, amounts of compensation, payment of bonus etc.
  2. Applicability of Workmen's compensation Act on Sportsmen:  The Workmen Compensation Act provides compensation to workers, but the legal question is whether the act is applicable to sportsmen who get injuries while performing their duty of playing the sport.
  3. Sports Insurance: The sports insurance will involve risk assessment of insurance provisions. But it will not relieve the sportsmen from any negligent behavior. But the insurance will ensure that in a certain event where insurance is needed, it will be there.
    

CONCLUSION

Sports have become a vital lifeline of entertainment for the general public . It also gives the sportsmen to achieve name, fame and glory along with money. A country which is good in sports is considered to be a progressive country. The importance of law in sports cannot be ignored as sports law has become the need of the hour. The sports law has elements of labor law, media law contract law, competition law and tort law. And now it has emerged as a separate field of legal disciple and with the rapid development of sports in the country, new issues will arise and the government need to legally intervene in order to ensure justice is done in the field of sports.    
Written By:
Yugantar Singh Chauhan

Yugantar Singh Chauhan


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