Emerging Sports Law in India
Dhaval Mehta, Solicitor
Founder & Managing Partner, D. M. Legal Associates | Seasoned Attorney | Legal Counsel I Arbitrator & Skilled Negotiator I Insolvency Professional | Litigation Expert I Asset Restructuring Specialist
Introduction
In India there are many sports & games were played for that we had needed some sports law to maintain the dignity of sports & games. Sports law is not only an applied law in the fields of sports but also a blend of laws in a number of jurisdictions. Sports law is the body of legal issues at work in the world of both amateur and professional sports. In the present scenario, sports are the largest revenue-generating industry in the world. Sports in India are an extremely vast area of legal issues. In India, yet laws related to sports are still not so clear and transparent. The need for the future is to set strong and lucid policies to combat all legal issues related to sports.
History
Human beings play sports activities since times immemorial. From the initial days of human civilization to till date sports and games evolved from social and personal entertainment to a global industry. Today in the world in sports industry the use of advertisement, the internet and media are so much that it is the main revenue-generating industries. In the context of that, it is necessary to make laws for all types of sports and games. This has resulted in the growth and development of sports law as a separate regulation in its own right.
Jurisdictions
In India, sports law is no longer an applied law or an amalgam of laws in some jurisdictions. In India, sports figures are in the concurrent list of the seventh schedule (entry 33) of the constitution of India on which the Union and State legislatures are competent to make laws. There are already three States: Rajasthan, Himachal Pradesh and Uttar Pradesh which have enacted laws on regulating sports activity including registration, regulation and recognition of sports associations. In India there are so many clubs, associations,s or society these are autonomous non-profit-making private bodies. These bodies also award telecasting and broadcasting rights to the successful bidder and earn revenues from advertisements in sports events.
Functioning of Sports:
In India, there are so many clubs and societies that organize sports and games regularly. For that they need money. The revenue is generated from many industries and the industries make pressure on players to perform at a high level for that they pay so much to a player who performs better. They mull over the players for participation and selection. They also take punitive action against the erring players including debarring them from games. These bodies control even domestic matches or games within the country.
1. Indian Sports Policy with reference to the Competition Law:
The sports Ministry should frame a law or act to ensure proper structure and liabilities of the private club or society to bide them for their key policy, including the code of conduct, discipline, harassment and recruitment. If they do not follow the law their accreditation would be cancelled.
2. Sports injuries with regard to the issue of Liability:
This is a major issue that affects a player for a long time. If a Player play for a club or society and got injured it is a major responsibility of a club or society to take care of that player. Government must make a law for that to provide better health treatment and rehabilitation to a player who got injured. If the injuries are serious it is necessary for a club or society to provide compensation or insurance provisions.
3. Employment Issue in Sports
It is a major issue related to sports and games. Government must make a law on that. If a Player plays for his country for a long time it is the duty of the government to fulfill his economical conditions throughout his life. If a Player won medals for the country, the government must fulfill his all monetary requirement. Because after a certain age player is not in the condition to play for his country.
领英推荐
4. Harassment in Sports
This issue is more relevant nowadays. Harassment in sports and games is of two types. One of them is sexual harassment and the second is of seniority of players. In this issue, the government must take an action against the players who are involved in that type of activity. The harassment of female players from a male player or coach or harassment from a senior player to a junior player is more in now a day. For that government make a strict law for punishing them. The government must Make a committee to enquire the matter.
5. Organizational Matter
For all types of dispute resolution for any type of legal matter related to Sports and Games players should make appeals and adjudication under the Indian law to a Government made tribunal. Who is responsible for solving all the matters related to Sports and Games?
6. Research
In this field, research must be undertaken to promote, encourage and support the Law fraternity. They may search the topics include the Sports Act of India, Risk management programmes for safety in Sports, Regulation of violence between players.
Call for a Comprehensive Sports Law in India
1. The Law should propose and promote rules of ethics and the spirit of sportsmanship among competitors and the bodies involved in the decision-making.
2. To combat corruption, incumbency caps and age restriction on office bearers of federations must be introduced.
3. Salary caps on players and teams should be introduced.
4. It is required that consultancy services must be provided to the Sports bodies and players.
5. National Identity and the spirit of symbolizing India must supervene upon political decisions.
6. A greater predisposition and legal assistance must be furnished to women players. And Culprits of harassment and discrimination should be punished.
Conclusion:
In the end, the interaction between Sports and law shaped a need for an understanding of how the Law relates to the Sporting World. India needs expert Sports Law consultants and Sports Law to meet legal disciplines such as Sports Law to meet an amalgam of diverse competition.?