PREVENTION OF AGE FRAUD IN INDIA

It is a common saying that “age is just a number”, but in the sporting fraternity, this number is a key factor of what differentiates the elite from the rest during the entirety of their career. An athlete’s potential is determined not only on the basis of their talent but also by putting in perspective that talent and the athlete’s age. Generally, athletes have a short career within which they aim the highest and leave no stone unturned in their pursuit to reach the very top and represent their at the highest levels. However, in this rat race of billions there’s only few who make the cut, thereby leaving scope for many athletes to resort to illegal ways to attain their time sensitive goal. One such way is ‘Age Fraud’, wherein the athletes make deliberate and false representations of their age in order to bypass the age constraints in a certain competition.

Age fraud or Age fudging means or includes – ‘Deliberate misrepresentation of age’, by ?fabricating fictitious documentation of school certificates, PAN cards, Aadhar cards, passports and?even birth certificates, with the goal of deliberate misrepresentation and hence, being able to compete in age-restricted tournaments, or to acquire an advantage over younger competitors due to physical maturity, or to gain access to various opportunities like scholarships, government jobs, reserved seats in education institutes or sometimes even to break national records etc[1].

In developing countries like India, ?the lack of opportunities lead to many players faking their age with an aim to participate in a competition. Age fraud not only breaks regulations, but it also takes away opportunities from deserving and upcoming players who have their spot taken away from them illegally. Even in a sport like cricket, which is one of the most popular in the country, age fraud was recently exposed by Manjot Kalra, the U-19 Cricket World Cup Final Man of the Match. The DDCA has banned him from all Ranji games for a year.[2]

The problem of age fraud is not restricted to one or two sports only but is prevalent across the board. The shortcomings of sports governing bodies and the poor implementation and enforcement of birth registration rules, this practise has become more common.

The Existing Preventative Framework in India

With a view to eliminate age fraud in sport and ensure fair play, it is very important to put in place an effective regulatory framework so that suitable action can be taken against athletes found guilty of committing age fraud.?

A)???National Code Against Age Fraud in Sports (NCAAFS) 2010

The Ministry of Youth Affairs and Sports (MYAS) issued "National Code Against Age Fraud in Sports[3]” to preserve the core values of sports such as honesty, fair play and team spirit by eliminating age fraud from sporting activities. NCAAFS, like competition rules, will form part of sports rules governing the conditions under which sport is played. Athletes and athlete support personnel will have to accept these rules as a necessary pre-requisite for participation in any sporting event. The policies and minimum standards set forth in the code will be applicable to all sports federations/associations/bodies. Compliance with the code will become part of the eligibility criteria for recognition of National Sports Federation (NSF) under scheme of Assistance to National Sports Federation and non-compliance with the code will attract suspension/de-recognition clause in respect of NSF.

B)??Sports Integrity Unit of Central Bureau of Investigation

In April 2014, India’s Central Bureau of Investigation (CBI) created a Sports Integrity Unit (SIU) under the Special Crime Branch in Delhi. The objectives of the SIU include investigation sports fraud, while simultaneously working with legal bodies and sports federations to help develop robust preventive measures to protect against corruptive behaviour[4].

CBI Special Crime-II Branch head Jagroop S Gusinha stated that, “The emergence of sports as an industry involving investment of huge sums of money on players, teams have brought with it the ever-increasing spectrum of corruption, illegal betting and use of various forms of unfair means in order to influence the result of a game. Keeping in view of above, it was felt to set up Sport Integrity Unit and Special Investigation Unit.IV of CBI SC.II branch designated as Sport Integrity Unit having all India jurisdiction for investigation”[5].

C)??National Sports Federations and the Sports Organisations

Given below are few Sports federations India which have adopted policies against age fraud in their respective governing documents:

1.?????Board of Control for Cricket in India (BCCI)

The Board of Control for Cricket in India (BCCI) as the governing body for the sport of cricket in India is responsible for ensuring that appropriate checks and protocols are put in place to ensure a level playing field for competitive participation of players in its age-group tournaments. To counter the menace of age and domicile fraud in cricket, BCCI has adopted additional measures which will be applicable to all cricketers participating in the BCCI age-group tournaments, from 2020-21 onwards[6].

Mr. Sourav Ganguly, President of BCCI stated that, “We are committed to providing a level-playing field across all age-groups. The BCCI has been taking steps to counter age fraud and are now introducing even stricter measures from the upcoming domestic season. Those who do not voluntarily disclose their misdemeanour will be punished heavily and will be banned for two years.”

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2.????Sports Authority of India (SAI)

The Sports Authority of India shall implement NCAAFS for its various Sports Promotional Schemes for various age groups and for holding the National Coaching Camps. SAI, at the time of admitting an athlete into its Sports Promotion Schemes and National Sports Federations at the time of registering or allowing a new athlete to participate in an event, will get all the players in age level competitions medically examined and as per medical report will issue an Identity Card to the athletes[7].

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3.????The Hockey India (HI) Organisation

Hockey India is fully compliance with the Ministry of Youth Affairs and Sports National Code on Prevention of Age Fraud. Additionally, Hockey India views intentional cases of age fraud as a serious offence that violates the spirit and code of our sport in India. As such, strong penalties will be imposed of those players that are found to be intentionally committing age fraud[8].

Hockey India imposes harsh penalties on players and Member Units that are found to have intentionally committed an age fraud offence. A player found guilty of an age fraud offence could be banned from playing any State / National / International events under Hockey India (or its Member Units) for a period of up to 2 seasons / 2 years.

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4.????The Cycle Federation of India (CFI)

The Cycling Federation of India (CFI) also has a Regulation Related to Age Fraud which makes those involved in age fraud liable for a two-year ban. However, it also says that riders who are assessed for age fraud and found overage in medical tests by the orthopaedic doctors are permitted to participate only in upper age category[9].

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5.????The All-India Chess Federation (AICF)

The All-India Chess Federation, to avoid any unpleasantness to players at the time of the National Championships, has been implementing various Rules & regulations which has proved to be very effective and as a result of which they have almost no issues during their National Championships.

As per AICF rules, date of birth certificates registered within one year of birth of the child alone will be recognised and allowed to participate in age group championships by the AICF and all affiliated members of AICF. Also, players shall present themselves for Medical Test to determine their age at any time when called upon to do so by AICF or its affiliates.

All the players those who do not have birth certificates registered within one year of their birth and to avoid their entries to participate in age related tournaments being rejected on account of this, the AICF to help such players, conducts medical evaluation of age which will include physical examinations, dental examination and radiological examination by competent doctors as prescribed by the Government of India[10].

CONCLUSION

“Age fraud is a serious matter and is detrimental to the health of the sports. Many youngsters who are supposed to be playing in a particular age group fail to make it owing to age fraud[11]”, said Rahul Dravid when he was the head of NCA.

Even though age fraud is such a menace to the sports culture, most NSFs do not treat age-fraud with as much concern. Until and unless there is appropriate punishment implemented by the central authority to the wrongdoers, curbing age fraud shall prove to be an uphill task.

The aforementioned relaxed or carefree attitude of the NSFs and other authorities encourages athletes to take risk and present fake documents. Therefore, it is of utmost importance that central authorities need to come up with some effective and efficient punishment in cases of deliberate misrepresentation of age in order to get advantage over opponents.

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[1] The Menace of Age fraud in Indian sports: Extent and Analysis; available at https://www.ijlmh.com/paper/the-menace-of-age-fraud-in-indian-sports-extent-and-analysis/

[2] Age fraud in sports: is there a solution. The Daily Guardian, August 10, 2020 available at https://thedailyguardian.com/age-fraud-in-sports-is-there-a-solution/#:~:text=The%20country%20recently%20witnessed%20a,for%202019%20Indian%20Premier%20League.

[3] Available at https://yas.nic.in/sites/default/files/File824.pdf

[4] How effective is India’s New Sports Integrity Unit in Tackling Corruption? Available at https://www.lawinsport.com/topics/item/how-effectively-is-india-s-new-sports-integrity-unit-helping-to-tackle-corruption?category_id=152

[5] CBI seeks details from NSFs for its SIU; available at https://www.thehindu.com/sport/other-sports/cbi-seeks-details-from-nsfs-for-its-sports-integrity-unit/article30535443.ece

[6] BCCI adopts additional measures to tackle age and domicile fraud in Cricket, available at https://www.bcci.tv/articles/2020/news/147336/bcci-adopts-additional-measures-to-tackle-age-and-domicile-fraud-in-cricket

[7]Available at, https://yas.nic.in/sites/default/files/File824.pdf

[8] Hockey India Age Fraud Policy; Available at https://www.hockeyindia.org/static-assets/waf-images/UploadFile/6c/4d/2c/21949882-7b22-4ea5-9b47-9bf706acafd3.pdf

[9] Age fraud in sports: Indian federations need to impose long-term bans to bring age-old menace under control, first post, February 22, 2019, available at https://www.firstpost.com/sports/age-fraud-in-sports-indian-federations-need-to-impose-long-term-bans-to-bring-age-old-menace-under-control-6137371.html

[10] Medical evaluation of the age of Chess players; available at https://aicf.in/medical-evaluation-of-the-age-of-chess-players-4/

[11] Available at, https://www.bcci.tv/articles/2020/news/147336/bcci-adopts-additional-measures-to-tackle-age-and-domicile-fraud-in-cricket