## Introduction
Sport has always been an integral part of Indian culture and
tradition. In recent decades, with growth of professional sports
leagues and events in India, sports law and governance have gained
more importance. The legal and regulatory framework surrounding
sports in India has evolved over the years but still remains a work
in progress.
This article aims to provide a comprehensive overview of the
sports law landscape in India. It covers the key governmental
policies and legal frameworks governing various aspects of sports
in India - from governance of national sports federations to
broadcasting regulations, employment contracts and dispute
resolution mechanisms. Issues like the regulation of sports agents,
the legality of fantasy sports and legal challenges for sports
infrastructure development are also examined.
The overview of sports law and policy provided in this article
will help shed light on the current status, evolution and future
direction of the sports law environment in India. It aims to serve
as a useful reference for sports lawyers, administrators and
enthusiasts interested in understanding the legal and regulatory
issues surrounding sports in the country.
## National Sports Policy
The National Sports Policy was first established in India in 1984
by the Ministry of Youth Affairs and Sports. It aimed at improving
the overall sports performance of the country at national and
international levels.
The policy was updated in 2001 and more recently in 2011 to expand
the overall objectives. The key objectives of the 2011 National
Sports Policy are:
- Improve India's standing in international sport competitions
like the Olympics.
- Make sports more accessible to all segments of society,
especially women, disabled individuals and those living in remote
rural areas.
- Upgrade sports infrastructure across the country by building
more playing fields, stadia and academies.
- Support sportspersons by providing them with the best possible
infrastructure, equipment, coaching and sports science
support.
- Promote participation in sports like soccer, hockey, cricket,
tennis, boxing, wrestling, etc. with high participation but low
achievement levels.
- Improve employment prospects of sportspersons by providing
government jobs and promoting employment in private sector.
- Regulate sports agents, associations, and other sports related
entities to prevent exploitation of athletes.
- Curb doping, match fixing and other ills afflicting sports in
India.
The policy aims to achieve these objectives through initiatives
such as Target Olympic Podium Scheme, opening of Khelo India
academies, and partnerships with the private sector. The Ministry
of Youth Affairs and Sports is the governing body responsible for
overall implementation.
## Key Sports Law Organizations
India has several major organizations that govern and regulate
sports. Some key sports law and regulatory organizations
include:
### Sports Authority of India (SAI)
The Sports Authority of India (SAI) is the apex national body for
sports in India, established in 1984 under the Ministry of Youth
Affairs and Sports. SAI is responsible for providing
infrastructure, equipment, coaching and other facilities of
excellence for various sports. It also promotes sports in rural and
tribal areas. SAI operates various training centers and stadiums
across India.
### Indian Olympic Association (IOA)
The IOA is the National Olympic Committee for India and the
governing body for Olympic sports. It is responsible for selecting
athletes to represent India at the Olympic Games and other
international athletic meets and competitions. The IOA works
towards the development of Olympic sports and serves as the Indian
constituent of the International Olympic Committee.
### National Sports Federations
Every major sport in India is managed by a National Sports
Federation (NSF) recognized by the Ministry of Youth Affairs and
Sports. Some major NSFs include the Board of Control for Cricket in
India (BCCI), Badminton Association of India (BAI), Hockey India
(HI), All India Football Federation (AIFF), etc. These federations
govern their respective sports, select national teams, organize
competitions, and manage the development of infrastructure and
training facilities.
### Other Organizations
Some other organizations involved in sports law and welfare
include the Sports Law and Welfare Association of India, Athletic
Federation of India, Paralympic Committee of India, Special
Olympics Bharat, etc. There are also various state-level sports
authorities and infrastructure development organizations.
## Sports Broadcasting Laws
India enacted the Sports Broadcasting Signals (Mandatory Sharing
with Prasar Bharati) Act in 2007 which mandates sports broadcasters
to share feeds of sporting events of national importance with
Prasar Bharati to enable public access to these events.
As per this act, no content rights owner or holder such as sports
federations or private broadcasters can carry a live television
broadcast of sporting events considered of national importance,
unless they simultaneously share the live broadcasting signal with
Prasar Bharati.
This act was passed by the Indian Parliament to ensure that
citizens get free access to significant sporting events of national
importance on Doordarshan channels instead of only on private
sports channels which have limited accessibility.
Some key provisions of this act are:
- The sports broadcaster must provide live feed to Prasar Bharati
on a mandatory basis and free of cost.
- The shared signals can be broadcast on DD National and DD Sports
channels of Prasar Bharati.
- Certain major international tournaments like the Olympics, Asian
Games, Commonwealth Games are automatically deemed events of
national importance.
- For other domestic tournaments, the sports ministry notifies
specific events like the FIFA World Cup and the Cricket World Cup
as events of national importance under this act.
This law has enabled Doordarshan to provide free live telecast of
popular sporting events like the Cricket World Cup, Olympics, etc.
to a wide audience across the country. By making sports
broadcasting accessible to the public, this act serves an important
purpose of promoting sports in India.
## Dispute Resolution in Sports
Dispute resolution is a key aspect of sports law in India. Many
sports law disputes are resolved through arbitration rather than
litigation.
Each National Sports Federation has its own arbitration procedures
to resolve disputes related to their respective sport. For example,
the Board of Control for Cricket in India (BCCI) has its own
mechanisms for arbitrating disputes related to cricket. Using
arbitration allows sports federations to quickly resolve disputes
related to selection, discipline, and other issues in a
cost-effective manner.
Some sports disputes do reach the courts when arbitration is
unable to provide satisfactory resolution. However, litigation in
courts can be time-consuming and expensive. Arbitration is
generally preferred for sports disputes due to its relative speed
and lower costs compared to traditional litigation. Arbitration
also allows disputes to be heard by arbitrators with expertise in
sports issues.
Overall, arbitration facilitates effective resolution of conflicts
in Indian sports. The specialized arbitration mechanisms adopted by
sports federations complement India's wider legislative
framework for arbitration. This system aims to promote swift
justice and minimize disruptions to sports from prolonged
disputes.
## Employment of Athletes
Most athletes in India are employed on a contractual basis, either
by national sports federations, private entities such as leagues
and teams, or government organizations. The National Sports Policy
aims to provide athletes with enhanced job security and other
benefits to support their athletic careers.
The policy states that national federations should ensure
satisfactory arrangements for employment of sportspersons under
their jurisdiction during their active sporting career as well as
after retirement. It recommends government organizations and PSUs
to have a certain quota for employment of sportspersons.
The Ministry of Youth Affairs and Sports runs several programs
focused on providing employment opportunities and financial
security to star athletes after their retirement from active
sports. Some key initiatives include:
- The Pandit Deendayal Upadhyay National Welfare Fund for
Sportspersons - Provides lump sum monetary assistance to
outstanding performing sportspersons living in poverty.
- Scheme of Pension to Meritorious Sportspersons - Offers a
monthly pension to champion athletes after retiring from
competitive sports.
- Promotion of Indian Sportspersons to Group A, B & C Services
- Reserves certain government job vacancies in Groups A, B & C
categories to appoint meritorious sportspersons.
- Arjuna Awardees Scheme of Life Insurance Cover - Provides life
insurance cover to Arjuna and Khel Ratna awardees to overcome
problems relating to premature death during active sports
career.
Through such programs and employment-friendly policies, the
government aims to provide athletes, especially underprivileged
ones, with job security and financial benefits that allow them to
pursue sports professionally. However, implementation remains a
challenge.
## Regulation of Sports Agents
The regulation of sports agents in India is currently inadequate.
There is no comprehensive law that oversees the activities and
conduct of sports agents.
The National Sports Policy has emphasized the need to regulate
sports agents to prevent the exploitation of athletes. However,
beyond a few basic guidelines, no concrete regulations are in
place.
At present, self-regulation through industry associations is the
main method of oversight for sports agents. But membership in these
associations is voluntary and their guidelines are not legally
binding. This allows many unscrupulous agents to operate outside
any regulatory framework.
Experts have recommended reforms to regulate sports agents more
effectively:
- Enactment of a comprehensive law to govern sports agents,
requiring mandatory licensing and registration. This would weed out
unqualified individuals.
- Clear rules on conduct, transparency and accountability must be
defined for agents. This includes limits on fees and
commissions.
- Athletes must be informed of all contractual terms in the
vernacular language before signing. Standardized template contracts
can safeguard athletes' interests.
- A grievance redressal mechanism to report agent misconduct
should be instituted. Breach of regulations must carry deterrent
penalties.
- Background checks, educational qualifications and training
requirements for licensing agents should be implemented.
- Awareness programs to educate athletes on protecting against
unscrupulous agents need to be conducted.
Stronger regulation of sports agents through legislative and
administrative action is essential to protect athletes in India.
Self-regulation has proven inadequate. A comprehensive regulatory
framework with mandatory licensing, conduct rules, transparency
norms and deterrent penalties for violations can address this
issue.
## Fantasy Sports
The legality of fantasy sports in India has been unclear due to
the country's strict gambling laws. However, in recent years,
courts have recognized the legality of fantasy sports platforms
that require skill over pure chance.
The Supreme Court of India ruled in 2017 that fantasy sports are
games of skill and protected under Article 19(1)(g) of the
Constitution of India, which guarantees citizens the right to carry
out any profession or occupation. The Supreme Court held that
fantasy sports involves substantial skill in picking a fantasy team
and goes beyond a simple game of chance.
Some High Courts have also recognized fantasy sports as involving
the skills of superior knowledge, judgment and attention. The High
Court of Bombay ruled in 2017 that fantasy sport is a 'game of
skill' based on several factors like selection of the team,
skill of the players and whether the same skilled player repeatedly
wins on a platform.
However, the legality of fantasy sports continues to evolve. Some
states have enacted laws to regulate fantasy sports while others
prohibit it entirely. The fantasy sports industry has called for a
single centralized regulator to provide clarity on legality across
India.
There are also calls for greater consumer protection measures and
restrictions against gambling on fantasy platforms. The Consumer
Protection Act 2019 gave the government power to ban fantasy sports
but this power has not been exercised yet.
The fantasy sports sector in India is growing rapidly but its
legal status remains fluid. With better regulation, fantasy sports
has the potential to grow as a professional sport that requires
skill and strategy. However, concerns around addiction and gambling
will need to be addressed through appropriate consumer
protections.
## Other Legal Issues
**Sports Education**
In recent years, sports has been introduced as a part of school
education in India through initiatives like the Sports Authority of
India's Annual Calendar for Training of Sportspersons. The aim
is to develop sports skills and foster interest in sports starting
from a young age. However, much more needs to be done to improve
sports education across all schools in the country.
**Sports Infrastructure**
Lack of adequate sports infrastructure and facilities is a major
challenge. The National Sports Policy aims to upgrade existing
infrastructure and provide access to sports facilities across
India. But funding constraints have hampered development in this
area. Legal issues also arise regarding land acquisition and
environmental clearances for new infrastructure projects.
**Regulation of Sports Science**
The sports ministry has emphasized the need for quality sports
science support for athletes. However, there is very little
regulation of sports science practice in India currently. Using
performance enhancing drugs and unscientific training methods
remain risks for athletes. Clear regulations are required for
certifying sports scientists and trainers.
**Inclusive Sports**
Making sports inclusive for all genders and all segments of
society remains an issue. Specific policies and programs are
required to promote women in sports, provide access to sports for
the disabled and marginalized communities. Legal measures for
inclusion and non-discrimination in selection are also
necessary.
**Additional Points**
- Challenges in implementing policies across different
states
- Role of public and private sector in sports promotion
- Issues in selection process transparency
- Requirement for comprehensive sports law
# Conclusion
India's sports law and policy landscape has seen significant
developments in recent decades, but still faces many challenges.
Key issues like regulation of sports agents, fantasy sports,
dispute resolution and sports infrastructure remain works in
progress.
The National Sports Policy of 2011 and establishment of
organizations like the Sports Authority of India have aided the
development and promotion of sports across the country. Legal
frameworks like the Sports Broadcasting Signals Act have
facilitated public access to major sporting events.
However, the sports agent industry lacks comprehensive regulation.
Dispute resolution heavily relies on arbitration by sports
federations rather than courts. The legality of fantasy sports
continues to evolve. Issues like match-fixing, doping and gender
equality need ongoing attention.
India aims to improve its standing in global sports and make
sports participation more inclusive. The future outlook depends on
strengthening sports infrastructure, supporting athletes through
their careers, enforcing robust regulations and updating policies
for the digital era. Effective implementation of laws and policies
by sports governing bodies, government agencies and the legal
system will shape the sports law landscape.
With apt focus on ethics, equality and athletes' welfare,
India can create a supportive environment where sports thrive with
integrity.
By
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High Court
Email id: vpdalmia@gmail.com vpdalmia@vaishlaw.com
Mobile No.: +91 9810081079
Linkedin: https://www.linkedin.com/in/vpdalmia/
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X (Twitter): @vpdalmia
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