Topic: Devloping Of A Sports Law In India: A Challenge Ahead
The dissertation to consist of the following:-
Unless they appear in footnotes, quotations of more than three lines should be indented by half an inch without quotation marks and separated from the main text by an extra line before and after the quotation.
India has been mentioned by Sepp Blatter the former president of FIFA as a sleeping giant given the billions of population it has been holding, in which the industry related to Sports in the form of profession has been gaining popularity rigorously. The development of the sports industry as one of the most important profession in India has presented a demand for a stringent overall legislation coordinating the whole structure of sports and providing for strict rules and penalties to be formulated and implemented within the country. Previously, the main concern of Indian Sports industry has been stuck with the sports of cricket. Most of the popularity of the sport industry both as a profession and as an entertainment endeavor has been focused with the sport of cricket and it has been allocated with the maximum of the governmental resources along with other resources provided for the sports industry. The inclination of Indian government along with general public towards the sport of cricket has recently shifted with the latest tournaments related to football, kabaddi, hockey and other sporting activities. The Indian government also has considered spending as much money as it was pending in cricket previously in other sports as well. Moreover, the achievement of the Indian sports person in the Olympics as well as in the sporting activities conducted in the Asian level along with the national level and other international sporting tournaments has pointed out the requirement for focus being shifted from cricket to other sporting activities as well.
All these development in the sporting activities in India, it has begin to be considered as a primary entertainment activity in the country which has been nurturing a considerable number of professionals who are directly as well as indirectly involved in the sports industry. With the increased number of individuals being involved in the industry there has been formation of stringent policies and regulations along with the committees coordinating the same for regulating sporting activities. The development of this industry requires the government to engage and create separate commissions or divisions which would be conferred with the activity of dealing with all the disputes and concerns arising out of the sporting activities. However, along with the developing phase of the sporting activities, the laws relating to Sports has also been developing to gain the status of legislation as per the demand of the progress of the sporting industry. The Government of India has been considering setting up an important division for coordinating the sporting activities in the country. Moreover, the different high-profile tournaments being conducted within the country and their mergers has been presenting the government with several complications with respect to the resources along with the players. The tournaments conducted are presenting certain difficulties arising out of the disputes among players along with other professionals and the corporate conglomerates involved in those tournaments for organizing sporting activities. The courts and other judicial bodies are unable to deal with the issues arising from sporting activities as they are only concerned with the ordinary matters and the sporting activities required a separate dispute settlement mechanism along with authority to co-ordinate and control the same. Moreover, the courts are immensely overburdened with the civil and criminal proceedings they have been dealing with and an additional burden of settling the issues arising from sporting industry would further result in efficiency and delay. For instance, the event of a merger being conducted between the Indian Super League and the I-league there has been a considerable amount of issues arising both with respect to the teams and other individuals involved in the process and the tournament. There has been an issue raised among the corporate conglomerates as they have been investing a considerable amount of monetary resources in the sporting activities conducted within the country. All these have presented the Government of India with the demand of establishing a separate body for dealing with the issues arising with the same as at the present time the monetary resources involved in the sporting activities has been escalated and has provided further importance to the activities owing to the involvement of the enormous business entities of the country in the same.
The importance of sports law has been seen in the case of Mohammed Salah where the extent to which a development in the sport law is required has been witnessed. This case has been concerned with the loan period of Mohammed Salah at Fiorentina from Chelsea. There has been a contravention of the contract made by Chelsea with Fiorentina which has been dismissed by both FIFA and CAS. This has made a lawsuit being filed against Chelsea for the concerned breach. However, it is evident that such concerns would have made a more confusing situation if it had happened in India as there has been no stringent laws or policies for coordinating such a contract that has resulted into the situation. This has pointed out the requirement that India has been facing for the formulation and implementation of strict rules and regulations in the form of legislative authority with respect to the sporting industries. Moreover, the sporting industry has also been concerned with commercial activities in relation to the investments made along with the transactions taking place concerning the sporting activities. All these have pointed towards demand of legislative authority guiding and checking all the concerns faced in the conducting of the sporting activities. Previously sporting activities was not as complicated as it is now as it involves a considerable amount of monetary investments by several corporate houses and business entities. Moreover, there always remains probability of frauds and other shams as the business entities has been chasing after profits rather than the fairness of the sporting activity.
The several match fixing events that has occurred in the IPL tournament conducted in India where several corporate houses and corporate conglomerates have been involved has resulted in the at most requirement of a distinct statement of legislative authority to be concerned with the sports division to have surfaced. The ban that has been placed for a brief period on IOA has also been another example of the sporting events that has resulted requirement of a separate division for dealing with legal issues of sporting activities to become evident. Although match fixing scandal that has surfaced in the IPL tournament has opened the eyes of the players involved in the same as it has been dealt in accordance with the criminal law, but it has been difficult for the courts to decide upon the category of criminal law which should be utilised for dealing with such a matter. This has made the requirement for a separate division of legal issues to deal with the sporting activity offences to be very evident. Moreover such an anomaly has also been seen in the case of Narsingh Yadav where there has been inadequate implementation of the tests of doping when compared to the standards observed in the world along with the judgement presented by NADA while dealing with the case. There has been no realisation of the urgent requirement of improvement in the present structure in the legal aspect of sporting activities in India.
Sports law denotes a legal framework, which requires implementation and formulation for regulating but the professionals sporting activities along with amateur sporting activities. The sports law cannot be confined to a compact legislation as there has been of wide range of legal issues that the business related to sports has been covering. The advocates relating to the sports legal system are required to be conversant with every e areas of legal structure that the business of sports are probable to touch. The areas that might be invoked while dealing with any legal issues in the sporting area may include tort law, constitutional law, criminal law, intellectual property law, competition law, contract law, labour law or any other such legal areas. The case study within the precincts of sports law that requires prominent mention in India is the case study of Indian Premier League (IPL). It has been around 10 seasons of this tournament that has been conducted in India having a huge fan base. This particular tournament has attracted a great deal of sponsorship expenses, right relating to television and digital media. In short, this tournament has involved of huge monetary transactions and investments from every corners of the society. The enormous resources that has been involved in the whole transactions carried out during the tournament has involved the lawyers in the field of sports law to involved in a very significant part. However, this tournament has seen one of the most scandalous and filthy legal concerns and disputes that Indian sports has ever witnessed. The dispute witnessed but with an the field and outside the field. There have been several complaints and discovery of match fixing instances allegations of corruption and other monetary embezzlement. All these have attracted the headlines of the newspaper for the time being and have been locked in the files of the Supreme Court as an ever ending proceeding.
In the case of ASBL v Jean-Marc Bosman (1995) C-415/93, also referred to as the Bosman Ruling, a decision has been delivered by the European Court of Justice where an important decision with respect to the freedom of movement in relation to labour has been arrived upon. This had a huge effect with respect to the transfer of footballers among European Union. The decision has put a ban upon any restrictions that might have been imposed upon the players belonging to the foreign European Union within the precincts of national coverage. This case has also allow the players belonging to the European Union to move in other clubs on conclusion of their contracts with one of the clubs. Both the transfer of the players belonging to the European Union and the players not belonging to the European Union from one club to another has been made free of cost that is without the payment of any fees for transfer by this decision. India also has been feeling there has been a demand for a rigid legal structure for dealing with the dispute concerning the area of sports. Although it is impracticable for arriving at a single legal authority for governing the wide area of legal disputes that might have cropped up in the field of sports, but the increasing complications in the structure of sports and other scandalous embezzlement have been pointing towards a more stringent legal authority to be established for regulating the sporting activities operating in India. Given the involvement of all the huge volume of resources along with human interaction, the sports law should be given a separate legal structure both with this respect to legislation along with the system judiciary for ensuring a more compelling structure while dealing with disputes. However, there always existed challenges in narrowing down such a wide area of law which touches all the perspective of legal system starting soon contract law covering criminal law and several other legal system into a compact and yet stringent legislation.
This paper would strive to analyse the development of law in the field of sports and trace the principal issues and concerns arising out of the same. It will discuss the need for such a developmental the field of the legal structure in the area sports. It would present a discussion with respect to the international sports federation and the organizations relating to national sports of India from the perspective of several legislations and the way in which it would create concerns towards the legislature for developing a rigid legal structure for sports. This paper would also analyse the grey part of Indian sports. It will also identify and analyse the issues in sports law under European law along with the sports law prevailing in UK. This paper would also make a suggestion with respect to the status of sports law in India at future. Lastly, this people would strive to provide conclusion regarding the development of sports law in India and the challenges faced in the same.
The International Sports Federations (IFs) are conferred with the responsibility for maintaining the integrity of the activities relating to sports on the basis of international coverage. It depicts International Organisations which is non-governmental and have availed the recognition generated by International Olympic Committee (IOC) for the purpose of carrying out all the administration of more than once sports or atleast one sports at the global arena of sports. All the national federation that have been administering the sporting activities which has the affiliation to those of the International Sports Federation. The International Sports Federations are under the obligation to maintain the conformity of their statues, activities or practice to comply with the olympic charter for the purpose of ensuring the autonomy and independence being conserved with respect to administration of the sports they have been dealing with. These federatiosn are responsible and duty bound for managing along with monitoring the day-to-day running of various sports disciplines operating in this world. It has been conferred with the duty to organise and hold the olympic games. The federation has also been authorised for extending the opinion with respect to the candidature for arranging the Games of Olympics. While determining the candidature, the federation is to look into the technical capacities of candidate cities seeking the candidature. The federation are also authorised to engage in preparation of Olympic Congresses and has the authority to participate in such activities of the commissions of the IOC. The Global Association of International Sports Federation (GAISF) acts as an organisation which has been harboring and nurturing all the International Sports Federations along with the individuals organizing multi sports games as well as other international association having a relation to the sporting activities. GAISF has been more sports organisation operating in international level having ninety-five members with full membership along with twenty associate members. This organisation has been conferred with the responsibility of regulating all the areas relating to anti doping, social responsibility along with integrity.
All these organisations have been concerned with the organisation of different tournaments and other activities related to the field of sports in the international level. The most important perspective behind promoting the sports is still united different communities and harbour international friendship and exchange. However, given the competitive edge that has been introduced by the tournaments and different games relating to sports, the friendly exchange of community culture to sports have led towards the resorting to violence along with undesirable illegal activities for gaining an upper hand over the others. Moreover, the enormous volume of investments that has been introduced in the sporting activities lately has increased the probability of embezzlement and other disputes to take it natural course. However, the international organizations relating to sporting activities has a wider aspect the that of confining itself to the organisation of tournaments and the mere regulating of the sporting activities. The international organizations relating to the field of sports also have a different aspect which deals the legal framework of the international sports. These organisations may include the International Association of Sports Law (IASL), the International Sports Dispute Resolution Forum (CAS) and the World Anti-Doping Agency (WADA). The issues arising out of the sports law do not confine to a particular area of legal issues. Several areas of law has been covered under the activity of sports. It may very from the doping test along with procedures and qualification for competition and team selection to the monetary embezzlement and other areas of legal issues.
The first such area of law which is a popular issue in the sports law is the issue of contract. There has been an escalated usage of contracts by the sports association not only confined with the business affairs but also relating to the programming and employment purposes. It may involved the contract with the coach or trainer it can be a contract with a player or even certain other person involved in the whole arrangement. As for the contractual issues are concerned, the law of contract will be resorted to for mitigating the same. Such an issue has been visible in the case of ASBL v Jean-Marc Bosman (1995) C-415/93. This decision has made it illegal for the clubs to claim payments from the players when they have been seeking a route outside the contract. However, for the purpose of avoiding the payment of fees outside the contract, the movement needs to be confined to be made among the European Union clubs only. This has encouraged the clubs to promote players from non domestic origin to play for them and avail exposure. Another important aspect of the sports law is the competition law which imposes prohibition with respect to broadcasting on television, conspiracy and restrictive covenants along with other areas of competition law as provided under section 1 of the Sherman Anti-Trust Act 1980. Section 2 of the Act prohibits the establishment of monopoly by any of the legal entities upon an industry. The organisational issues are also require to be settled as for the reconciliation laws prevailing and the area in which the organisation has been based. The international sports law also requires to cover the intellectual property issues. This needs a mention of the publicity rights which is a doctrine employed frequently by the celebrities and athletes while pursuing lawsuits. This doctrine has evolved with the case of Haelan Laboratories, Inc. v Topps Chewing Gum, Inc. 202 F. 2d 866. The issue relating to fantasy sports and publicity rights has also been an important concern in the sports long as evolved from the case of C.B.C. Distribution and Marketing, Inc. v Major League Baseball Advanced Media, L.P 443 F. Supp. 2d 1077. The copyright law has always been an important section of the intellectual property law relating to sports. One such example can be found with the case of National Basketball Association (NBA) v Motorola and STATS (New York) Second Circuit Court of Appeals, USA 480 US 941 (1987).
The issue relating to trademark has also been an important it legal concern in the field of sports. A trademark denotes any name, symbol, word, combination or device which are designed to make a distinction between the product belonging to any manufacturer from the products belonging to other manufacturers. The main purpose of this is to determine the origin from which the product has been accrued. One such dispute arising out of the area of trademark has been witnessed in the case of National Football League v. Coors Brewing Co., 1999 WL 1254.122. In this case, there has been a dilution claim of trademark infringement belonging to NFL and the court has held the claim to be authentic which had the effect of tampering with the value of the unique identifier of the company. This area of law also covers licensing, marketing, sponsorship along with several other issues relating to intellectual property. One of the most popular and vicious concern regarding the issues arising from sports is the doping activity. There has been a code for anti doping formulated and introduced by WADA for being adhered by all the federations having major contributions in preparing their own legislations for prevention of doping. The issues relating to doping include the implementation with respect to requirements of whereabouts, the sample analysis, the management of the results, and the therapeutic use exemption (TUE) management. There has been the involvement of violence in the activity of sports from a very primitive period. There has been difficulty in isolating the violence from sports and remove the same as witnessed by the society and the legal framework. There has been a series of lawsuits of civil nature which has accompanied in the recent decades between the participants of sports in relation to actions which are tortious. There has been a probability of the affinity of the society to hold the participants in sporting activities to be accountable for all the actions have been taken during the sporting activity as witnessed from the civil lawsuits and its successes. Moreover, violence during the sports has also been content and regulated by the self regulation implemented by the sporting leagues and the formation of courts for arbitration relating to Sports. Again, have been establishments which were created at the federal level for dealing with violence relating to sports professional. The professionals involved Sports may also be held liable under the criminal law in case they have been exhibiting tremendous violence in the field. In the absence of any extreme legal disputes, the field of sports generally preface to be solved by negotiation, arbitration along with mediation. However, in case the dispute has been impossible to be solved through alternative dispute resolution methods the resort to litigation is indispensable.
There has been provision in the Constitution of India that has been encouraging sports and games to be made a function of the state as per the entry 33 belonging to list two of the seventh schedule. The Union of India has established a distinct ministry relating to youth affairs and sports which has been conferred with the allocation of the business rules as inculcated in article 77 belonging to the Constitution of India why exercising its executive functions. There has been a responsibility of in the Union of India to promote the sporting activities all through India. It has been conferred with the responsibility of coordinating the sporting activities between several States or even activities having a recognition in the international arena. There are several National Sports Federations which has been conferred with National jurisdiction over the area of sporting activities it has been dealing with or has been conferred with the responsibility to deal with. One of the national sports federations include the Indian Olympic Association (IOA), which has been conferred with the responsibility of coordinating the participation of Indian contingent in Olympic games, Asian games, South Asian games and commonwealth games. All the Olympic as well as non Olympic sport has been assigned with a federation operating in National level and having the affiliation of IOA. At the national level, there are several Sports federations with respect to each of the sports involved dealing with the preparation of the sportsman and the assistance towards the IOA. Sports Authority of India (SAI) has been conferred with the responsibility of promoting sports along with the development of excellence by uplifting the skills pertaining to the sports person of India. The Board of Control for Cricket in India (BCCI) is a society that did not have any legislation to recognise it but has been created with respect to the memorandum of association and the regulation framed by the society. however it has been recognised by the Union of India to have the Monopoly over the sport of cricket. However there has been a question raised by the Zee Telefilms Ltd v Union of India AIR 2005 SC 2677, that whether BCCI needs to be treated as the state or it cannot be given the status of this state while pursuing a lawsuit against it. Although there has been a claim of the BCCI to be given the status of a state while pursuing a lawsuit against it but it has been contended by the apex court that BCCI has not been created by virtue of any legislative authority so the same cannot be given the status of state for the purpose of pursuing lawsuits against it. The Sports Law and Welfare Association of India (SLWAIN) has been an national, non profit, professional organisation which has been conferred with the common goal of advancement understanding along with the ethical practices of the sports law operating in India which has the sole aim of promoting Sports with the help of accumulating the legal practitioners along with the sports person under the same umbrella. Moreover, in the Indian Premier League, the competition law has been implemented for keeping the tournament away from match fixing and other embezzlement of resources by shifting the venue of the same to South Africa.
The National Anti Doping Agency (NADA) adopted the anti doping rules of the World Anti Doping Code. The rules were governing and prescribing the conditions under which a sports person is required to be eligible for appearing in any sporting activity. The athletes and their support personnels are required to due to the rules as the condition for participating in a particular sporting activity. These rules requires the athletes from refraining to allow any prohibited substances to enter the system for any reasons including enhancement of their sporting abilities.
However, all these federations and organisations having the responsibility of coordinating the field of sports in India requires a stringent policy or legal framework to be formulated under the surveillance of which the federations and organisations may operate their coordination of the sporting activities. There has been a first resolution with respect to National Sports policy that has been enumerated in both of the houses belonging to the parliament in the year 1984. This policy has been formulated for the purpose of uplifting the sports standards within the nation. However, the inadequacies in this policy has led to the formulation and implementation of the National Sports Policy 2001. The National Sports Policy that came into existence in the year 2001 has been aiming to achieve excellence by coordinating the several federations of sports. There has been the formulation of the Comprehensive National Sports Policy 2007 that has been aiming to build upon the previous sports policy for the purpose of achieving the eradication of inadequacies and to address the problems that has been faced in Indian Sports in 21st century. This policy has been formulated for making an alteration to address the legal structure adequate enough for nurturing the problems arising out of Indian Sports. The subject of the area of sports law has been under discussion in the parliament from the time of the 12th Lok Sabha which has been aiming to transfer the bill related to sports from the state list to concurrent list inculcated within the seventh schedule.
Generally, the area of sports law has always been neglected in India since recently when the dispute have been at an alarming rate. However, for the last 20 years there have been a change in the scenario of neglect in the sports law of India and escalated number of disputes in the sports law and other illegal activities that have been luring a more stringent and rigid legal Framework dealing with the disputes arising out of the sporting activities operating in India. The number of cases related to sports law that have been witnessed by the Indian judiciary are negligible in numbers. As viewed by the court in the case of M.P. Triathlon Association through its Secretary and Anr v Indian Triathlon Federation and Ors 1996 (8) SCALE 693, the disputes relating to the sporting activities are required to be settled by the usage of arbitration to be considered as the most appropriate mode for dispute resolution. The issues related to sports law cannot be brought under single category and is seen to have touched various categories of legal framework. One such example can be seen in the case of Secretary, Madras Gymkhana Club Employees’ Union v Management of the Gymkhana Club AIR 1968 SC 554. In this case, the proceeding has been tried under the scope of the Industrial Disputes Act 1947 and the club has been brought under the purview of the definition conferred by the act towards industry. However, this decision has later been reversed with the decision of Bangalore Water Supply and Sewerage Board v A. Rajappa and Ors AIR 1978 SC 548. With respect to the confrontations in relation to society elections, it has been declared by the supreme court in the case of K. Murugan v Fencing Association of India, Jabalpur and Ors (1991) 2 SC 412 the litigation needs to be dropped in all the places within the country and retired judges needs to be appointed for the purpose of conducting a smoothed election for the society. The court has mention the importance of sports in a society and has also inculcated the importance of a legal structure for regulating the same in the society while deciding on this case. Moreover, the issue that is arising with respect to sports quota in relation to admission in professional courses or with respect to public employment has also been popularised. In most of the cases related to Sports, the courts have been witnessed to have avoided being discussing any particular area of sports law and has been concerned with complicated explanations of the same with respect of any other field of law with which it can be attached with. Moreover in India the system of alternative dispute resolution has been encouraged to deal with the disputes arising from sports. In India the adherence to the WTO jurisprudence while dealing with sports disputes are more popular than any other forms of litigation or dispute settlement mechanisms. However, recently sports law has been prospering to occupy a most important aspect in relation to the sports industry. The concept of sports law comprises of a wide variety of provisions that has been inculcated by state or has been enumerated by the authorities dealing with athletics that has a connection with the athletic activities and thus conferred with the regulation of the relations developed within the scope of the athletic activities. However, it can be noted that the provisions relating to the legal structure of sports law has not been implemented or formulated by any executive power belonging to each of these States but has been authorised under the legal persons. The legal frameworks and regulations made for the coordination of the sports industry has been independent and is not subject to any control by the government. However, owing to its liberation from any government till control the sports law has not been very effective in settling the disputes and it has been suffering inadequacies in establishing enforcement of the same. Hence this requires it to be adequately supported by any executive authority by way of any rigid legislation and legal Framework for dealing with the heaviest disputes that occurs in the arena of sports.
The sports has always been treated as a recreation in India. However, it has evolved in India and is considered to be one of the most exquisite places for holding the events of international Sports. All these have required a demand for regulating the legal structure in the field related to sporting activities for the purpose of eradicating the grey areas existing in the sporting industry. The UN, in the resolution 58/5, adopted through the General Assembly in the year 2003 extended recognition towards certain sporting activities to be utilised for promoting education, development, health along with peace. This requires the state to have interest in the matters related to Sports. The area of the sports law is a new legal aspect that has been introduced in India. There has been an extensive enquiry along with research carried out in India with respect to the development and implementation of sports law. Although Indian Sports has been nurtured by various independent bodies and federations but the country has been suffering from an inadequacy in the system of sports and this has mainly been accompanied by a failure to implement a compact and uniform legal structure and legislation to deal with the field of sports. The sports of India has not been provided with any single embodiment or legislation which the ministry can implement for dealing with all the issues arising out of the sports industry. The world of sports in the recent years have witnessed the darkest arenas that has accounted for administration pertaining to the law of sports. The examples of this has been seen in the scandals in Olympic games with respect to bidding, the IPL scam, the scandal related to FIFA and other acquisitions related to sexual assault in the field of sports. The most significant drawbacks that the legal system relating to Sports has been facing might include employment and Labour concerns. The age-old issues relating to the field of sports include the drug abuse, rights related to broadcasting, concurrent liability, harassment along with sports injuries. India has been constantly facing failure in different events of sports which has been an indication of an extensive corruption and inadequate infrastructure. All these points towards the enactment of a compact legislation along with a forum for settling disputes for the purpose of enhancing the sports activities operating in India.
The law regarding sports is considered to depend on the factors, which involve various athletic activities. It is considered to be a kind of applied law in this field and has various other laws regulating such. The primary purpose of the law is to provide with basic guidelines in order to safeguard the interests of those involved in sports. There are some issues, which are pertaining to this field and the law, which are to be discussed below. The issues, which arise in this arena, threatens the integrity of the industry and therefore, the preservation of the regulations along with its integrity remain essential.
The corruption involved with sports are considered to be a global phenomenon, which causes difficulty to the individual involved in managing the events, games and players in the industry. Issues relating to corruption in the form of bribery or through any profits, online gambling and betting or any fraudulent activity results in consequences, which are faced by the individuals. In order to prevent such issues from taking place various bodies including inter-governmental agencies, numerous sports governing bodies have been gathered in order to discuss about such issues and provide several strategies, which can be used and executed for decreasing the issues relating to corruption. The bodies set up try to comprehend the matters relating to corruption in order to resolve these challenges to uphold the integrity of sports.
Match fixing is considered to be a grave issue which is prevalent in the sports industry and there have been various approaches taken by the relevant authorities in order to detect and control since such is known to be a public interest issue. A game is considered to be enjoyed due to its unpredictability, which makes it appealing for the spectators or the audience. Match fixing ruins or endangers the integrity of the game and makes it unappealing for the audience, as it does not provide a treatment, which is fair to the competitors of the game as well as the spectators. For instance, as it can be understood from the cricket scandal Worcestershire v Somerset, 1979 which was condemned mostly by the cricket officials and the media personnel as the plan was to influence the rule of tie-breaking. In response to such behavior, Somerset was expelled from the tournament, which had taken place that year. Therefore, it can be observed that there are actions, which are being taken in order to prevent it, but the enforcement needs to be stricter and it needs to be made a criminal offence.
Doping is considered to be a serious offence which is not acceptable as the performance enhancing drugs used by the athletes affects the game. Therefore, strict actions are taken against individuals who are involved in such. The World Anti-Doping Agency has been created in the year 1999. After the creation of WADA, various activities with respect to doping have been identified but it is still prevalent in the sports industry and is considered to be one of the biggest issues. There have been assumptions of certain doping behaviors, which have consequently resulted in several models such as the social cognition approach, sports psychological constructs of goal directed behavior and the criminal deterrence theory. These are considered to concentrate on the planned behavior and the intention of the individuals involved in doping. There are few sanctions or punishments, which have been created in order to prevent doping. These were created with respect to protect the interests of the numerous stakeholders who have been affected by such and the punishments would be for 2 to 4 years for the offence at first but it could be reduced if the offender provided with the information of the supply chain. India is not considered to be far behind from such issues and therefore, there are several measures being taken by the Indian government in order to prevent it by providing numerous awareness programs for anti-doping measures and various centers are being set up regionally to combat doping in the sports industry.
Gambling is considered to be organized and conducted mostly by the private sectors. There are three distinguishing features where the first ensures that gambling should not be illegal and it should be crime free, secondly, gambling should ensure transparency and equality, and thirdly gambling should safeguard the vulnerable. The bets are considered to be made from any part of the globe but the bets need to be legally done and licensed and the net winnings are to be taxable. The Gambling Commission is considered to be the regulating authority in the United Kingdom. The profits, which are obtained from the bets, are considered to be taxable at fifteen percent and the sports industry do not get these profits directly. The data rights are traded and sold and various sponsorships are made which assists the sports industry to collect revenues from betting.
The betting along with gambling in India is considered to be contained in Entry 34 of the State List, which is also List II of the Schedule 7 of the Constitution. The authorities and the powers relating to the law of betting is considered to be entrusted upon the state legislatures. The Public Gambling Act, 1867 used to govern and look over the aspects related to betting and gambling in India but later the Constitution came into force which looked over or reviewed the matters relating to gambling and betting. There were several states, which had legislated their own laws relating to betting and gambling, and various states implemented the afore-mentioned Act to their territories as the Constitution under Article 252 had empowered the states to do so. Therefore, the jurisdiction of the Public Gambling Act, 1867 was restricted to a few states like Uttar Pradesh, Punjab, Madhya Pradesh and Delhi with occasional amendments being made.
In India, the gambling is not considered illegal until there has been any violations of the provisions, which have been laid down in the statutes. The state if it wants to make a specific form of gambling illegal creates a precise and definite statute or provision to that effect. It can be understood from the Subba Rao v The King AIR 1951 Pat 405. In this specific case it was held and observed by the High Court that there were no offence involving gambling under the Gambling Act as the accused had met for a friendly game of cards on Diwali night and such would only constitute as an offence if gambling was in a common gaming house.
Betting is considered to be different from gambling as the latter is a game which is dependent on pure chance and betting involves the act where the risk of a possible outcome is taken into consideration and it involves skill of an individual. It is based on the skills of the individuals who are participating in the game even if the outcome is uncertain. An example of such would be the case of Rex v Fortier 13 Que K.B. 308. In this case the interpretation for the game of chance was given as a specific game which was dependent on luck and not on any skill, judgement or practice as such had no place as it would be overruled by chance whereas on the other hand, in the game which involved skill there were nothing based on luck but everything solely based on observation, superior knowledge, attention, strength and some practice which resulted in victory.
There has been a question arising as to whether betting in the field of sports be considered to be legalized. Betting is considered to earn money in a quick way, which influences the society in a certain way. Gambling addiction causes stress and worsens the family life of an individual therefore, such acts makes an individual try their luck instead of working in a fruitful manner. This has not been legalized in countries like India, Pakistan, Sri Lanka all the more because the revenue which is generated from such is illegal and the bookies involved in such act has no fear or responsibility of paying for the revenues as they have free entry and exit. In order to keep a check on it has not been legalized. The IPL has provided with recommendations on legalizing betting in sports as it helps in generating revenues in the states and provides with financial benefits.
The players or the athletes, the managers, the coaching teams in the sports industry are considered to be bound by an employment contract. Therefore, the common rules and regulations, which are prevalent in the common law system as well as the statutory provisions, would be applicable. There have been certain transfer systems, which are existent mostly in football where the players are prevented from joining another club after the expiration of their contracts regarding their employments. This was prevalent and predominant in the British law system but has been altered due to the intervention of the European Union law. A traditional common law test, which is known as the Control Test had been, introduced which would determine the status of an employee. It can be understood from the case of Walker v Crystal Palace Football Club Ltd  1 K.B. 87. In this case, the amount of skill of an individual sportsman, took them away from the control of the club as they had paid for them and such was in a way quickly reduced as the Court of Appeal gave the decision. The club players, managers, would directly handle the contractual issues pertaining to the sports industry and the coaching team even though there might be an agent appointed for negotiating the terms and conditions relating to contract, which would be on the behalf of the player’s interests, which would be confidential information and would remain between the parties to the contract. If there have been any kind of violations relating to the terms and conditions, which have been included in the contract disciplinary actions would be taken for such matters, which might create a dismissal for the player on the ground for breach of the terms in the contract.
A landmark case relating to the transfer of clubs would be the Bosman Ruling. In this case, the freedom of movement between the clubs after the expiration of the contract with the clubs were considered to be discussed and such indicated that the decision was given in favor of Bosman where he was free to transfer without a fee from one European Union state which was a member to another and the transfer fee for the out of contract players were illegal.
Therefore, it can be understood and comprehended, from the above discussion, that the issues relating to the sports industries are real and a global phenomenon. There have been various measures that have been taken and implemented in order to combat against those threats, which are existing, but in order to completely prevent such practices or issues there needs to be various other planning and execution of strategies, which would help in order to completely eradicate such issues from the sports arena. These issues create difficulties and challenges for the individuals who are a part of the industry. Thus, in order to ensure and safeguard the rights of the individuals or the participants in the sports industry the various provisions need to be complied with. Some of the laws and regulations, which are followed by the European states can be used and implemented in the Indian framework which would benefit the nation in a way and therefore, reduce any crimes and offences involving the contentious matters in the industry. As it has been seen in, the cases involving match fixing and other corruption measures, which the players are implementing, or other participants involved with sports. Such measures need to be regulated and prevented such would result in fair play and would give equal opportunities to the players to perform in a way which would help them enhance their skill.
Sports as an activity is considered to be prevalent from time immemorial. There had been existence of several games during the ancient times. The law and the regulations were considered to be a set of rules. However, it was not understood that the rule of game would become such an integral part where such would determine a different field of law altogether, which is known as the Sports Law today. In the field of sports there are various laws which can be applied and the legal principles pertaining to such. The law of sports have adopted various legal principles and provisions such as the contract law, taxation law, competition law and other statutory provisions. These provide assistance to the individuals who are in the field of sports to have a better perspective towards their legal rights. The legal system tries to provide assistance to the general public and protect the rights of the individuals by indicting or penalizing the wrongdoers. Similarly, in the field of sports, there are certain offences, which poses a threat to the rights of the individual, and therefore the legal system aims to provide a relief for that. There are grave issues that are existent in the area of sports for instance violence, racial discrimination on the grounds. The players are subjected to such kind of racial discrimination or violence and thus, the regulations are made to take care of those issues. Such are considered to be in a haphazard way which would mean that the development of such needs to take place.
The sports law in India is still considered to be developing, as the legal system needs to evolve more and accept the sports law as a specific distinct field, which would have its own regulations, and laws. The infrastructure was considered to be weak and under developed which would assist in developing the sports law and the need for the involvement of the performers or the athletes in the field needed to be a significant factor. There was a requirement of the athlete participation in the matters concerning governance in the field. It had been understood that the involvement of the athletes would prove to be beneficial, as they would act as the administrators of the Indian sport. In order to develop and improve the legal system transparency and accountability needed to be maintained which would help in keeping the legal system fair and equal.
Sports have developed tremendously as people are more inclined to watch a game for entertainment purpose. Such has become a business as the individuals purchase tickets for a game and become the spectator of the game which provides a fresh area of thought to the individuals and helps them to release the stress that are faced in their day to day lives. With the increasing amount of demand for games, it has now become a business proposition, which involves high salaries, profits. These are not restricted to being professional games but has become a business with huge profit schemes. In today’s day and age, the focus has shifted towards the legal relationships with respect to the different teams, the state and the individuals organizing and conducting the games. The major part of the rules and regulations, which have been implemented in this arena, has been derived from the customary law. Sports Law as a whole has been derived from a lot of laws and regulations, which are not considered to be comprehensive in nature. Therefore, the essential requirement, which would help in the development of sports law, would be to introduce a comprehensive legislation, which would be at the international level as well as the national level.
Each individual sports are governed by their separate rules and regulations which are used for that particular sport. There are two facets where one includes the rules, which exist in the game, and the other relates to the commercial aspects, which are involved in the organization of such a sport. Due to the commercial development the boundary of these two arenas are considered to be blurred.
In India, the sports are considered to be included in the states and the concurrent lists of the Constitution with respect to Entry 33 List II of the Seventh Schedule of the Constitution, which relates to the theatres and the dramatic performances. The Entry 60 List I consists of the sports along with entertainment and amusements. In India, the state legislatures are competent enough to make laws and regulations with respect to sports. The sports authority is considered to be the supreme body which conducts the games and coordinates various other activities relating to sports in India. The main purpose of the sports authorities and the various bodies, which have been set up, is to attain excellence in the area of sports at both the national and the international level. The policies, which have been introduced by the authorities relating to sports, includes the objective to reach excellence and provides with a competitive advantage as the country has potential strength. National Sports Development Fund was constituted and created in order to mobilize the resources, which had been available for the promotion of various sports in the nation through the help of government and the non-governmental agencies.
There had been major issues relating to sex discrimination, which had been prevalent. Women were discriminated and therefore, shut down from participating in any activities relating to sports. Due to ban on such unfair practices development is taking place where women are being asked to participate in the activities involving sports in different schools and other institutions. Women are being encouraged to grow an interest in sports rather than concentrating on their academics and therefore, such are helping and assisting in providing for reformative measures, which in turn improves the system. The other issues relating to the doping, which individuals are facing have been a serious concern. Several anti-doping measures are being taken which are considered to prevent such from happening in the future. These effects the individual’s health as well as the game they are involved with. In addition to such the athletes are using performance enhancing drugs, which are not fair, as that constitutes as unfair, game and unethical. Therefore, it should be prevented. The anti-doping measures are considered to be in effect, as the implementation of such has been started in order to prohibit such things. As it can be understood from the foreign case relating to Meca-Medina. Case C-519/04 P, Meca-Medina & Majcen v. Commission, Judgment of 18 July 2006 (“Meca-Medina”). In this specific case an opportunity was provided to the European Court of Justice to describe the sporting rules which are falling outside of the category of the EC Treaty and after such help the other authorities who were considered to be governing bodies of the various other rules which could be implemented without any kind of fear of any challenge under the European Union law. The case was mainly about the anti-doping rules, which are considered to prevent cheating. In trying to provide with the ruling of the case it could not clearly state the sporting rules which could be applied or implemented under the European Union law without the fear or the challenge.
The Indian sports law is still developing and is trying to adopt new techniques and strategies from other legislations, which can be taken and incorporated in the Indian legal system relating to sports. There are various proposals in order to improve the structure of the sports law in India which include educational opportunities which needs to be given regarding various activities relating to sports which would in turn disseminate the information in relation to specific sports law in India. There needs to be a proper forum or platform given to the individuals who are involved with sports like the athletes, teams, organizations to come forward and voice their opinions. To provide with ethics and code of conduct among the individuals who are a part of the field. The code of ethics should be made regarding the behavior and conduct of the individual or the sportsperson. There needs to be a high quality of exploration and research relating to the field of law and how can it be connected with sports. After the research publishing of such research needs to be taken care of where the findings of the research would be published. There can be an implementation of consultancy body, which would provide advice related to sports and therefore, help in creating awareness about the various opportunities that can be carried forward and which would provide with great career prospects for the young generation.
Various issues that are existing in the area of sports law have caused a disruption in the development of it. The issues relating to the competition law with respect to the different policies in the area of sports. There is no clarity found on the liability or the responsibility in connection with the sports industry. There have been issues which are pertaining to the employment in the area of sports which discusses the employer employee relationship and discusses the contractual agreement of such relationship. These would be considered to cause an effect on the emergence of the sports law in India. The issue relating to harassment in the area of sports needs to be reduced and such reduction needs to be taken into consideration as it causes difficulty and involves criminal proceedings as such behavior is not considered to be acceptable. Therefore, such issues needs to be looked after.
Therefore, it can be understood that the emergence of sports law is necessary, as it would help in broadening the aspect of law in the field of sports. The issues, which are pertaining to the sports law needs to be understood and discussed. Such needs to be taken into consideration, which would help in providing solutions, and try to introduce better measures, which would help in safeguarding the interests of the individuals, involved in sports. Therefore, the issues need to be exist, as it would help in bringing out better measures, which can help in solving such issues and following a stricter regime in the legal system. The future of the sports law in India is a necessary cause as it would help in providing new reforms and regulations separately for the field of sports. Therefore, such is essential for development of the nation. The international sports have developed and there have been various measures implemented which are in action in order to provide for a better regulatory mechanism therefore, some of those initiatives and techniques can be used and incorporated in the Indian legal system which would help in providing for a better system and thus try to reduce the deficiency in the structure and the inadequacy in the infrastructure. There needs to be proper legal disciplines, which would give a greater shape to the field of law as well as sports. Thus, the development of the sports law in India is necessary.
In the first chapter which provides a brief introduction towards the sports law and how it has been perceived in the Indian society. India in the introductory part has been considered to be a sleeping giant which has been holding a large population where billions of people are residing. In the first instance, India is a country, which has numerous people who are interested in sports, and their focus is on cricket as a sport. Cricket is considered to be a significant sport which is followed by the majority of the people who are residing in India. Cricket as a sport has gained popularity severely. In recent times India has shifted its preferences from cricket and has switched to other sports which are football, kabaddi, hockey among others. Such has happened in order to ensure that there are various sports, which needs to be given importance and to bring a change with the laws and reforms. Cricket still remains widely popular. The importance of other sports are considered to be understood and they are being promoted on a large scale as the corporate conglomerates are investing in various other activities and not restricting themselves to one sport. The importance of the sports law has been discussed in this chapter and the various legal frameworks that needs to be implemented are discussed. Discussions about the match fixing events that have taken place have been stated and deliberated upon in this section of the chapter. The IPL or the Indian Premier League, which have had ten seasons, have seen some of the filthy and scandalous legal problems. IPL is considered to be a huge business which involves numerous investments which take place and monetary transactions that happen involves various lawyers or legal personnel who are from the field of sports law to take care of the legal issues existing due to it. There have been various disputes which have taken place and such have been discussed in the chapter with the help of case studies.
In the absence of the legislation the problems that are faced by the International Sports Federation and the National Sports Organization of India. It has discussed the various difficulties that have been faced due to the absence of the legislation and therefore, there have been several measures that have been taken in order to develop the regulatory framework. There have been numerous amounts of activities relating to sports which have been conducted.
The grey part of Indian sports discusses the various legal issues which have been related to both in the field of amateur sports as well as professional sports. It is a rising concern as India apart from cricket is failing at every other events which are related to sports. The reason for such would be due to the absence of uniform legislative framework. It is a necessity that the legislation brings forward all the events under one single authority which would be under one roof. There needs to be availability of better resources and improved infrastructure, which would help in creating a stronger regime or regulatory framework and such, would in turn create a better place for carrying out the reforms which are necessary for bringing a change in the specific arena. These would assist in creating excellence at both the levels which would national as well as international levels. There are various National Sports Federations which are considered to act as the authorities governing the sports law which are also considered to be autonomous in nature but in India, there are legislations and the laws which are existing which guides and governs the sports law and tries to provide with rules and guidelines but there has been an absence of a single legislation which would strictly govern issues relating to sports and try to bring the governing bodies under one roof. The grey areas in the sports law include the issues which are relating to labor and employment where the players negotiate their terms with the help of an agent and the agent appointed on behalf of the player needs to act in best interests of the player and cater to all the needs of the player. The agent needs to clearly negotiate on the terms relating to the work hours, wages, and the conditions in which the player would work in among other things. The drug use is also considered to be an issue where the players are not supposed to take any performance- enhancement drugs which would be considered to be cheating and unfair. The player should be able to appear for drug test. If there has been any use if drugs then the player would be facing a penalty. In the issue pertaining to tort law the right to publicity is considered to be maintained and there would be no issue involving a person’s character or any kind of defamation. Transparency and accountability needs to be maintained by the player where the conduct regarding the monetary deals which involves any individuals from the field of sports or the governmental and non-governmental agencies. Therefore, these are the issues pertaining to the grey area of sports which have been discussed above.
The chapter that discusses the issues related to sports law and European relating to that of the United Kingdom’s sports law have been laid down where the issues that are relating to both in the national as well as international level has been discussed. The corruption, which is prevalent in the sports industry, has been discussed in detail along with case studies, which would help in comprehending and understanding the concept, and the anti-corruption initiatives, which have been in force, have been specified. The issues relating to doping have also been laid down and the anti-doping measures, which have been taken into consideration and implemented, have been specified. The issue and the problems relating to Gambling and betting in India has been given. The betting as a sport have not been legalized in India and the reasons for such have been specified above.
The chapter relating to the development of the sports law in India as well as the future of such law in India has been discussed where the reasons have been given for the betterment and the development of the law and the regulations, which needs to be made, have been stated. One of the major issue that arises in India regarding sports law is the fact that there is an absence of a concrete sports law. However, there have been various sponsorships and investments, which have been made for sports, but there has not been any active law, which governs it entirely. There is a necessity or there is an essential requirement of legislations which would only govern the activities issues relating to sports. Sports in India cannot be considered to be a pass time. Even though, it has become a business affair it is considered to provide recreational purpose for the individuals. Sports as an activity has become very similar to that of the economic activity and if there is an absence of stringent laws then such would create difficulties relating to exploitation. The scams which have been put forward in front of the world has showed the vulnerability and therefore, there is a necessity of a regulation which would govern such activities. These scams have been brought out in the open. Therefore, the laws relating to sports needs to be made and implemented as the presence of the laws would create a safe position and look after the interests of the individuals who are a part of the field. India does not have any legislations which are considered to be strong and therefore, there are issues and difficulties which are being faced. In order to eradicate the issues India needs to welcome and adopt new legislation, which would only be restricted to sports law. The issue regarding labor problems have been prevailing for some time and it is in need of urgent attention. There have been complains regarding poor wages, termination of the contractual agreements exploitation relating to the increase in the work shift has been detected and understood about which are prevailing in all the corners of the sports industry. The common sports law if implemented would help in solving such issues which arises due to the absence of the law. The violation, which is pertaining to the contractual terms and payment of the expenditures, are considered to be prevalent in the state as well as the regional boards.
The interests and the rights of the sportsperson are considered to be of utmost importance and such would be the ultimate objective of the law involving sports or the sports law. The sports person are considered to enjoy their recreational activities and if there has been any kind of harassment involved then such would be considered to be a serious offence and the sports law would be able to take action for such. These are the issues that are considered to arise due to an absence of legislation or such are the challenges, which are prevailing, in the Indian scenario where there is an absence of legislation for a particular field of sports.
The acts, which are taken into consideration for the sports law, are the existing legislations, which are already in place such as the contract law, the tort law, the taxation law and many more. These challenges and the difficulties, which are faced, would continue to prevail if there are no legislative framework brought under this matter and to this field. There would be issues where appropriate measures would not be taken due to the absence. In order to provide for a good regulatory framework and a more stricter regime certain things need to be taken into consideration which would include the following. There needs to be the presence of a regulatory framework, which would be separate from the existing regulatory frameworks and such, should have specific laws relating to the activities and events involving sports. There needs to be a separate employment contract which needs to be particular and specific as they would assist the players and help them by protecting their rights along with their interests. The employment contract needs to have an agent who would work on behalf of the player and negotiate the terms and conditions which needs to be beneficial for the player or the sportsperson. To eradicate and abolish the corruption that has been prevailing anti corruption There is no clearness found on the liability or the responsibility in connection with the sports business. There needs to be a appropriate opportunity or stage given to the persons who are involved with sports like the athletes, teams, organizations to come forward and voice their opinions. Therefore, it can be understood that separate legislations are considered to be necessary as such would help in reducing the issues that have been faced by the individuals who are a part of the sports industry.
This paper analyzes the various forms of sports law and relates with case laws. It talks about the challenges pertaining to the field of sports and what can be done to improve the standard of the said field. It also analyzes the various controversies or the scandals, which have occurred due to the absence of proper legislations, which have been supported by the case studies. Therefore, it helps in understanding the concept of sports law with the help of cases and it relates to the issues and provides with recommendations, which can be used to improve the structure of the law. Since sports have become a significant part of an individual’s life it needs to have its own regulatory framework which would provide with separate laws and regulations. Such would restrict and pose a limitation by being connected with the law involving sports. Therefore, the measures which are adopted from the existing regulatory framework would not be used which would in turn help or assist in abolishing or eradicating the issues which are existing due to the absence of regulatory system.
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