Separate Sports Law in India: Need of the hour

Introduction

Sports has become a multi-billion dollar money-making industry that has extended to every part of the world.

It involves a considerable number of human resources associated with it, hence, it is bound to have clashes, conflict of interests, disputes, harms, losses, injuries, violation of rights, etc. both on and off the playing field.

So, here comes the question as to how would you tackle the above-mentioned problems and find solutions? To solve these problems there must be a separate law dedicated to sports governing its various legal aspects.

The global sports industry has grown so much and is still growing beyond expectations, thus, there is a need for sports laws and their governance like any other law.

      India in the past has formulated the National Sports Policy in 1984 and 2002, National Sports Development Bill 2013, National Sports Ethics Commission Bill 2016, etc. but there is no proof of actual functioning of these laws and whether they are being followed.

So, when there is no separate sports law in India, even when it is much urgently required, the sports-related disputes and matters are sorted out by placing it under different laws according to their nature and circumstances like the Law of Torts, Contracts, Intellectual Property Rights, Criminal Laws, Competition Law, etc. and by doing so the purpose of sports and matters related to it have never been fulfilled.

     One must not place a subject or a different branch of law under various other laws and legislations and rather enact one for its separate and independent functioning.

Hindrances in the field of sports – way for separate sports law

Here’s a summary of the various problems in the field of sports which will make you realize that there is an immediate need to enact separate legislation for sports in India.

India is a densely populated country, even when established laws exist for various other branches they sometimes fail to come out with exact and rational outcomes.

There is a massive pile of pending cases in the courts, violation of laws and rights of people continue, the people of the nation and their interests are neither being served nor taken care of properly. Hence, governing a big sports industry, without any specific law might get complicated.

When there is an inability of the courts to function well how would sports-related cases be solved on an urgent basis in the absence of sports-related legislation?

Instances such as delay in a verdict by the judiciary during a sports-related trial due to not being able to perform autonomously. such cases affect ongoing competitions or matches and are detrimental to the career of the sportspersons.

“Moreover, an innocent sportsperson can also fall victim to prevailing corruption and dirty politics.”

• When the sports governing bodies are given autonomy of power, they forget all their goals and visions for which they are set up and misuse their power.
• The politics and corruption in sports lead to politicians being part of the policymaking and administration wing of these governing bodies, rather than persons having the education, qualifications, and experience in the said field.
• Also, when we talk about betting and gambling in sports, there is a need for a law to stop such unethical and illegal conduct. When the issue of gender discrimination is to be looked into then without said legislation the problems like equal pay and treatment for both male and female athletes, transgender athletes, cannot be solved.
• The sports governing bodies and National Sports Federations are not working properly and are intransparent, unaccountable are brimming with awful governmental Issues, corruption, and politics.
• The issue of match-fixing whether to be made lawful or illegal is an issue.
• In the era where e-world, e-gaming, and e-sports have played a significant role, We still do not have a legitimate enactment for the offline mode of sports and gaming or on-court sports, how and when will the issue of e-sport be tackled?

Suggestions

• We must have a separate Court or Tribunal to solve sports cases. This would dispose of and solve cases more quickly and efficiently.
• If the sports governing bodies are to be given autonomy of power then for that they must be given a proper set of rules which are to be followed, failing which they will be punished or penalized and all these sports governing bodies and National Sports Federations must be brought under one umbrella.
• Stricter punishments must be made for the violators and the ones who play politics and use corruption as a way to enter into the sports bodies.
• The constitution of sports governing bodies must be made properly and its election must be done in a very proper and strict manner.
• The government must make sports an integral part of the curriculum at schools as well as in universities along with proper guidelines for the same must be laid down. The government must make arrangements for the talent identification of sportspersons and help them find a proper path in their interested area.
• If the government performs this function well without any bias it will be able to achieve its dreams of a podium finish at the international level.
• The enacted law should mention the punishments for the wrongdoers as well as mention how speedy justice can be awarded and must be made in a simple way wherein the sportspersons and their coaches and managers, etc. can understand it and not be made very complicated.
• The aspect of e-sports and cybercrimes associated with it are to be looked into carefully and taken care of.
• Also, the government must either make laws that help the athletes or directly help the athlete whenever in need.
• Also, the government must make laws that help the athlete to go to the Court for Arbitration in Sports (CAS).
• A proper code of ethics and code of conduct is to be laid down which is to be followed by all sportspersons, coaches, managers, referees, etc.
• To enact a sports law wherein all the issues and problems are answered in a way understandable to all and helpful to all.

Conclusion

There, is a dire need for the enactment of distinct sports law in India as there are a lot many issues that are to be answered. are prevalent for a long time and haven’t emerged recently.

What is the government doing for this and afterward expecting and provoking National Sports Federations and coaches for not winning medals at the international level?

To accomplish results and to compete at the global level and to be at par with other athletes from all over the world one needs to be one step ahead of them which is conceivable when you have legitimate resources and appropriate support from one’s own country which should be possible on the off chance only if we have a separate sports law in India.

The sports sector should be liberated from corruption and politics. Once the government gets rid of these we can accomplish goals and do ponders.

Also, the mindset of all of us has to be changed from ‘I’ to ‘WE’.

Sports is an industry with plenty of career options and opportunities. The government needs to find a way to educate people and students in regard to various choices in the field of sports. Sports law is a different branch of law wherein individuals can specialize and later on practice, however, this can only be achieved when we have proper legislation for sports.

The solution to all the current problems discussed can be solved with distinct legislation. This law can also be made to tackle all future disputes related to sports in India”.