Sports Law Dissertation

Sports Law in India

Chapter 1 Introduction1. Historical BackgroundSports have been the most popular form of recreation for people since time immemorial. To trace down the conclusive history of sports in a precise manner is a difficult task. For gaining true insight, one needs to dig historically to reach every nook, corner and township in different parts of the globe. The scope and vastness of sports and its history make it impossible to point to a date that marks D-day in the world of sports. Although it is impossible to know for sure, it is usually considered that wrestling and boxing were the first sports every played. Competitions using the simple mode of human transport, running, would also have been among the first sports played. Competitions involving hitting, kicking, throwing a ball like object, as well as sports related to hunting and throwing would also be expected to have be played in early times. Sports have always captivated the human heart n it can be affirmatively stated that mankind has indulge in sporting activities from earliest days. Evidence can be found in pre-historic cave painting in many parts of the world. The popular sports as they exist today like cricket, hockey, football etc did not develop suddenly. Origin of these sports can be traced to basic activities and rudimentary games. Such as throwing, catching, jumping and fighting1. The traces of competitive sports were first traced from the relics of settle communities of Egypt, wall paintings at Beni Hassan and in tomb of Egyptian child, where are set of skittles had been found similar to ten- pin bowling2. History of sports can also be traced back to the ancient Greeks. During those days admiration for the healthy human body is shown in their sculpture and makes almost a 1 Law & Sports in India (Development, Issues , Challenges), by Mukul Mugdal, Chief Justice of Punjab & Haryana High Court. Published by Lexis Nexis Butterworths. 1 | Page

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religion of competitive athletics. It was their custom on solemn occasions, including even funerals, to engage in races. This passion leads to the world's first athletic fixture - the games at Olympia, established according to tradition in the year 776 BC and held every four years. At the beginning this was a one-day athletic meeting with a single competitive event. The entire day is taken up with heats for a running race - a sprint the length of the stadium, the equivalent of about 200 meters. In later years more events are added. In the sports history, the important events that are included in the Olympic Games are discus throw, javelin throw, long jump, boxing, wrestling, chariots, horse racing and a challenge to test all-round ability - the pentathlon. The pentathlon actually starts with contest in four criteria - running, jumping, throwing the discus and the javelin. The winners from these encounters have to meet in a fifth and exclusive contest, wrestling. However, the winner receives a simple token of their victory, a garland of fresh olive to wear on the head. This is essentially a religious festival, in honor of the greatest of the Greek gods, Zeus whose sanctuary is at Olympia3. Sports Culture in India In early India, games and sports were very much concerned about the development of physique and for the art of offence and defence. Also games were considered as a kind of recreation and played a vital role in development of man’s personality. From Vedic literature, The Ramanyana and The Mahabharata and the literary works of Kautilya, Kalidas, Panini and Dandin as well as Buddhist and Jain Literatures it can be well said that India had a rich heritage of activities concerning to sports. History of sports in India can be traced from various civilisations: 2 Egyptian sports: from 2000 B.C’ http://www.historyworld.net/wrldhis/PlainTextHistories.asp?historyid=ac02 3 History of sports, http://www.icnsportsweb.com/a-brief-description.html. 2 | Page

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i) Indus Valley Civilisation (3250 B.C to 2750 B.C) From the remains found in Mohenjadora such as statuette and “Grate Bath” produce the strong evidence for sports like swimming. Marbles balls and dice used for games and dicing was the important game as is evident from lots of dices unearthed. Beside these different types of board games similar to chess and ludo were also prevalent. ii) Vedic Period (2500BC to 600BC)Vedic women received a fair share of masculine attention in physical culture and military training. The Rigveda tell us that many women joined army and played many sports in those days. People were fond of swimming and playing courtyard games such as “Hide and Seek” and “Catch and Run”. From Rigveda, it appears that Vedic Aryan knew the art of boxing.4 iii) Early Hindu Period (600 BC to 320BC)From the literature of The Ramanyana, we can conclude that in this period people started taking more interest in sports. Games played in this period were horse-riding and chariot-riding. Hunting was considered as a royal game. Gambling with dices was also played by many people. Chess was also developed during this period and India is proud to be called the homeland of this great sport. From the literature of The Mahabharata they have mentioned games like arm-fighting, wrestling and hide and seek. As we all know Lord Krishna played ball games with his friends at the bank of Yamuna. “Gulidanda” was also one of the game played and it involves one long and one short stick. Kauravas and Pandavas were very fond of playing gulidanda among themselves.5 The Mughal rulers of 16th and 17th centuries India were also known to have an inherent taste for outdoor exercises and sports. Babar was known for swimming 4 “History of sports”, http://www.indianmirror.com/games/gam1.html 5 “Sports in Ancient India”, http://sports.indianpress.org/ancient_indian_games.php 3 | Page

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across the river. Humayun was also known for climbing insurmountable heights 6. The Mughal emperors were keen hunter of wild games. They also played games like polo, wrestling and pigeon climb. In 17th century when East India Company came to India, British also brought their traditional sports to India. British brought cricket to India in late 18 th century. The Parsees were the first to embrace the game, but the credit of popularising cricket can be given to Indian princes, who promoted this game. In modern India, like different religions and races, traditional and popular sports exist side by side and are thus flourishing. Beside the popular sport like cricket, hockey, lawn-tennis, football etc, there are various other traditional sports like dhopkhel, kang shanata, gella-chutt, etc, that are also played. 2) Definition of “Sports” There is no single universally accepted definition of terms ‘sports’. Defining the term has proved to be very difficult in explaining the term ‘sports’. The term ‘sport’ derived its origin from a French determined Middle English verb ‘sporten’, literally meaning ‘to divert’7 and also Latin term ‘desport’, which means ‘to carry away’8. In order to define paradigm of sports law, the first step to be undertaken is to carve out an explicit definition of sports. Several attempts have been made to define sports covering all its aspects. The British Sports Council has made useful contribution to identifying certain prerequisites which might give a comprehensive definition of

6 Stephen Meredyth Edwardes, Herbert Leonard Offley Garret, Mughal Rule India, Atlantic Publishers and distributors, New Delhi, 1995, pp 279-285. 7 Webster’s New Collegiate Dictionary, New York, Webster’s, 1995. 8 S Gardiner et al, Sports law, Second Edition, Cavendish, London, 2001. 4 | Page

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‘sport’. The council has listed various prerequisites such as physical skill, physical efforts, accessibility, strategy and tactics, essential purpose, risk, etc.9 Webster’s Dictionary defines sports as: 10 1. Any activity or experience that gives enjoyment or recreation; pastime; divertion. 2. Such activity requiring more or less vigorous bodily exertion and carried on according to some traditional form or set of rules, whether outdoors, as football, hunting, golf etc and indoor as basketball, bowling and chess. The Kerala Sports Act 2000 under section 2(14), sport is defined as: “Sports” shall include such activities organized as out-door games, athletics, games conducted in open place or country sports, indoor games and aquatic sports and popular games such as equestrian, show jumping, cycling ,motor racing, mountaineering, boat racing, rifle shooting ,kalaripayattu, fencing, yoga and such other outdoor and indoor sports and games, chess, gymnastics, wrestling, weightlifting, cyclepolo and other olympic disciplines and include other physical activities which the State Government may, by notification in the gazette specify as sports or games on the recommendation of the State Sports Council.11 Australian Sports Commission, ASC defines sports as:

9 Guidelines for recognition of a sporting activity. 10 Webster’s New World Dictionary of American Language, College Edition, 1968.

11 http://www.dsya.kerala.gov.in/index.php? option=com_content&view=article&id=60&Itemid=63

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“A Human activity capable of achieving a result requiring physical exertion and/or physical skill, which, by its nature and organization, is competitive and is generally accepted as being a sport.”12 The precise definition of what separates a sport from other leisure activities varies between sources. The closest to an international agreement on a definition is provided by SportAccord, which is the association for all the largest international sports federations (including association football, athletics, cycling, tennis, equestrian sports and more), and is therefore the de facto representative of international sport. SportAccord uses the following criteria, determining that a sport should13:   

have an element of competition be in no way harmful to any living creature not rely on equipment provided by a single supplier (excluding proprietary



games such as arena football) not rely on any "luck" element specifically designed into the sport

They also recognise that sport can be primarily physical (such as rugby or athletics), primarily mind (such as chess or go), predominantly motorised (such as Formula 1 or powerboating), primarily co-ordination (such as billiard sports), or primarily animalsupported (such as equestrian sport). The inclusion of mind sports within sport definitions has not been universally accepted, leading to legal challenges from governing bodies in regards to being denied

12 http://www.ausport.gov.au/supporting/nso/asc_recognition

13 “Definition of sport”- http://www.sportaccord.com/about/membership/definition-ofsport.php

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funding available to sports. Whilst SportAccord recognises a small number of mind sports, it is not open to admitting any further mind sports. In the Indian context, ‘sports’ as a field or genre has not been clearly defined. The term has been classified in the State List of the Seventh Schedule of the Indian Constitution under the wide genre of ‘Entertainment’, besides being mentioned in Indian Income Tax Act as well as Arms Act. However, these acts do not define the term precisely. The Arms Act refer to the term ‘sports’ for the purpose of licensing, while in the Income Tax Act it is referred to for ascertaining income which does not form part of total income. The Kerala Sports Act, 2000, specifies different kinds of sports which are to be included within the ambit of the term ‘sports’. However, this act also failed to give any precise definition of term ‘sports’. 3. Sports Law: Meaning & Need: The term ‘Sports law’ can be said to be a misnomer. There is no specific sports law as such, and it would be more meaningful to adopt the rubric of the ‘sports and the law’ for describing the various laws that govern different aspects of sports. Thus, it can be stated that the term ‘Sports law can mean to be one of those fields of laws which constitute applied law as opposed to pure or theoretical law. Sports law basically deals with issues that arise during the preparation for or execution of sports event. Sports law also deals with issues connected to relationship between and activities of individual and institutions for sports. It transgresses into the already established body of labour law, contract laws, competition laws, and the law of torts. Related concerns pertaining to defamation and privacy rights also form an integral aspect of spots law. However, in the present times, law relating to sports is now established and is considered a separate and important entity that coincides with 7 | Page

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the popularity of sports and players participation, and enhanced by increased media scrutiny. Sports Law can be roughly divided into the areas of amateur, professional, and international sports. The distinction between a professional and amateur athlete is somewhat tenuous. So-called "amateur" student/athletes at universities often receive scholarships and other forms of compensation. Also, keep in mind that even though an athlete may be defined as an amateur by one organization, he or she may not be an amateur according to another. Of course, this leads to even more confusion. A simplistic, yet useful definition is that amateur athletes participate in sports as an avocation while professional athletes are involved in sports as a vocation.14 

Amateur Sports law Amateur sports are generally not regulated by the state or any other institution and generally played on streets, parks or backyard example street football, gali cricket etc. Players or person participating in these sports are not considered as professional athletes or players and they are also not paid for participating in it. In European countries, there is culture of playing sports by local people amongst their friends on Sunday for recreation and enjoyment. Events like Sunday league in England are considered as amateur sports and people participating in it are not paid. These kinds of sports are generally regulated by people playing themselves only. Amateur sports events are generally held at



schools or university level. Professional Sports Law In professional sports, person participating in these sports are well trained and paid for playing sports by their owners. Perhaps the most important

14 Sports Law: https://www.law.cornell.edu/wex/sports_law

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relationship in the area of professional sports is that between the individual player and the team owner. This contractual relationship is governed by basic contract principles. Most sports leagues now have adopted Standard Player's Contract which serves as a model employment contract between players and owners. The model contract can be modified to accommodate the special needs and talents of individual players. With the increase in salaries in 

professional sports, most players are now represented by agents. International Sports Law An international sports event involves athletes representing different countries. In these event athletes feel proud in representing their country at international level. All major international sports competition like Olympics and the various World Cups tournaments regulate the conduct of players, teams, and the spectators through formulated rules and regulations.

From a mere source of entertainment and personal recreation, sport has grown into a highly competitive industry with global pervasiveness. It is one of the largest revenue generating industries in the world comprising 3% of the world trade. It has also metamorphosed into an important and inevitable political and social activity.15 Sports law, as formulated around the world, has evolved over a period of time. Its evolution has taken place in the light of peculiar and complex situation arising in sports. Despite the fact that there is no uniform law which governs sports and related activities in India. Various decisions have been given in context of sports that fall within the ambit of sports law. These decisions involve issues in relation to restraint of trade, sports broadcasting rights, regulation of sport governing body, environmental

15 “Need for Sports law in India” by Francis Kuriakose & Deepa Kylasam Iyer, http://www.iasscore.in/latest-news-61.html

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laws, torts and matter relating to constitutional aspects like the right of fair hearing in disciplinary and doping incidents etc. In recent time, it has been realised that there is an urgent need for enacting law related to sports.

In earlier days, sports were played just for participation and natural

corollary was that sports were to be played in the spirit of the game. The player and the athletes had certain codes which regulated their conducts in all sporting events. With the professionalization and commercialization of sports in India, and subsequent increase in the financial stakes in the sports events, a number of disputes pertaining to sports have suffered judicial intervention. One of the several issues that demand judicial treatment relates to gender discrimination and sexual exploitation especially of women in sports. Another significant issue relates to exploitation of players and the predominant gap between players and the governing bodies of various sports. Relationships in sports are different from any other commercial relationship although commercialisation of sports involves the influx of huge amounts of money. The sporting world has been plagued by scandals and controversies in the past few decades. The Olympic Games Bidding Scandal, the recent IPL scam and allegations of sexual harassment by the Indian Women’s Hockey Team have rocked the nation. From six gold medals in a row from 1928 to 1956, the Indian Hockey team hit an all time low failing to qualify for the 2008 Olympics. This incident exposed the maladministration and insularity of a defective system that drained our resources. Even the gentleman’s game cricket has been marred by match fixing and payment by bookies. All these incidents expose the dark side of a highly competitive world.16 16 “Need for Sports law in India” by Francis Kuriakose & Deepa Kylasam Iyer, http://www.iasscore.in/latest-news-61.html

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The international sports body for each sport, made up of national bodies of different countries is at the top of the hierarchy. The national sports bodies comprise the provincial or state bodies of different countries. The provincial state bodies comprise the different districts or clubs. In many countries, such as India, national as well as provincial sports bodies, clubs, associations or societies are more often than not is set up under the law of societies. These are autonomous non-profit making private bodies. Additionally, many of these are also established as non-profit associations under the company law jurisdiction in the UK and commonwealth countries including India. These associations cannot dole out their surplus or make payment of dividends to members. Their surplus, if any, has to be exclusively and wholly applied for furtherance of organizational objectives. In many states, such as India, these national sports bodies field the national team on behalf of the country for participation in international competitions where first-rate performance is a matter of pride for the whole country. They mull over the players for participation and selection. These bodies also grant telecasting and broadcasting rights to the successful bidder for heavy sums and also receive revenues from advertisement in sports events. They also take punitive action against the erring players including debarring them from the game. These bodies control even domestic matches or games within the country. Despite the fact that these are private bodies, up till now in realism they are performing significant public functions in the field of sports where national or public interest is at best, similar to public or governmental authorities as regulators and facilitators of the game in the field of sports. In view of that, in the said countries including India for enforcement of their public duties and obligations right

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Constitutional Writs of High Courts lie against these private bodies like any public or Government Authority.17 There is no national or state legislation for regulation of sports in India. The Ministry of Youth Affairs & Sports was set up by the Govt. of India to create the infrastructure and promote capacity building for broad-basing sports as well as for achieving excellence in various competitive events at the national and international levels. Sports promotion is primarily the responsibility of the various National Sports Federations (NSFs) which are autonomous in nature. The Ministry of Sports and Youth Affairs issues notifications and guidelines from time to time for the purpose of regulation of NSFs. The Sports Law in India is governed and regulated by 1. 2. 3. 4.

National Sports Policy Sports Law and Welfare Association of India Sports Authority of India The Sports Broadcasting Law in India.

17 Emerging Sports Law in India, By Vidhi Agarwal, Partner, Law Quest Internation. http://lawquestinternational.com/emerging-sports-law-india

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Chapter 2: Role of State 1. Need for State Intervention in sports Sports build character, team spirit, loyalty, sense of fair play and the capacity to take a loss in one's stride.18 Sports incorporate society's existing values and reinforce these values on the playing field, through its rules and established institutions. The most crucial aspect of sports is that it has the potential to transmit its principles and the lessons learned from participation of athletes in various events, and its governance to society in general. Sports have also played a key role in nation-building and fostering unity and friendship between warring nations and hostile communities. For instance, during the 1955 India-Pakistan Test cricket series, an estimated 20,000 Indians were given permission to attend the Third Test in Lahore creating what one newspaper described as 'the biggest mass migration across the frontier since Partition'. It has also been used to eradicate ethnic strife. Significant educational and physical benefits have been identified as arising from athletic participation at competitive and recreational levels. Participation in competitive sporting events is analogous to participation by many students in any educational class in school, training for memorisation and basic analytical skills. The judiciary all over the world has acknowledged the positive values associated with sports. One such example is the case of Lilley v Elk Grove Unified School District 19, in which California Appellate Court ascertained the values associated with sports and emphasised: “For many, sports are part of the school learning experience, among other things teaching students how to deal properly with both success and failure, and instilling in them an understanding of the importance good sportsmanship, discipline, and respect 18Anneliese Nelson, “When, where and why does the State intervene in Sport : a contemporary perspective” ,Sports law ejournal, faculty of law, Bond University. http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1000&context=slej 19 (1998) 68 Cal App 4, 939. 13 | P a g e

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for coaches, team-mates and opposing players. Another important part of the experience is that students and their parents learn about accepting responsibility for the consequences of one's choices and actions. By choosing to participate in a sport that poses the obvious possibility of injury, the student athlete must learn to accept an adverse result of the risks inherent in the sport. In other words, application of the doctrine of primary assumption of the risk in the extracurricular school sports setting is consistent with, rather than inimical to, the goals and responsibilities of elementary and secondary schools.” In the case of Krishan Lal Gera v. State of Haryana20Delhi High Court said that“Sports promote health, spirit of competition, and social integration. The sports facilities in the Stadium are meant to be used by residents and sports persons of the city/town and surrounding areas. The country requires world class infrastructure to train potential athletes and sportspersons. It is not sufficient if infrastructure is created, but such infrastructure and facilities should be properly maintained and optimum

utilization

of

the

infrastructure

should

be

ensured. ”

The Parliamentary Standing Committee on Human Resources Development 21 has noted: "Under-utilisation of infrastructure Optimum utilisation of our existing sports infrastructure has also been one of areas of concern before the Committee. We have erected huge stadia and other sports infrastructure in the metros and cities, which are used only when national or international tournaments take place. For the rest of the period, stadia remain unutilized or are rented out for cultural programmes and other non-sporting events. The public at large generally does not have access to such huge stadia. A lot of money is being spent on their maintenance including security. Sports 20 AIR 2011 SC 2970; (2011) 10 SCC 529. 21 185th Report on Promotion of Sports in India (laid on the Table of Lok Sabha on 30.11.2006) 14 | P a g e

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Federations and other bodies having offices there, do not pay the rent also. Besides, excellent infrastructure is created in different States by way of organizing National Games there. The Committee came to know that these generally remain idle most part of the year and States found it difficult to maintain. The Committee finds it ironical that on the one hand, we suffer from massive lack of infrastructure and on the other hand, our infrastructure remains un- utilized or under-utilized. This is an unfortunate situation that needs to be corrected. The Committee strongly recommends to have a plan prepared for this purpose in consultation with all the State governments, Federations, Sports Authority of India, etc. for putting our infrastructure to maximum use". The Supreme Court of India in the case of Zee Telefilms Ltd and Anr v Union of India (UOI) and Ors22 observed that, ‘Sport is considered to be a part of Education. Sport has been included in the Human Resource Development as a larger part of education'. In Secretary, Ministry of Information & Broadcasting, Government of India and Ors v Cricket Association of Bengal and Ors23, the Supreme Court held that sports are a form of expressive conduct, forming a part of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution, and stated: “It may be true that what is protected by Article 19(1)(a) is an expression of thought and feeling and not of the physical or intellectual prowess or skill. It is also true that a person desiring to telecast sports events when he is not himself a participant in the game, does not seek to exercise his right of self-expression. However, the right to freedom of speech and expression also includes the right to educate, to inform, and to entertain and also the right to be educated, informed, and entertained. The former is

22 AIR 2005 SC 2677, (2005) 4 SCC 649. 23 AIR 1995 SC 1236. 15 | P a g e

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the right of the telecaster and the latter that of the viewers. The right to telecast sporting event will therefore also include the right to educate and inform the present and the prospective sportsmen interested in the particular game and also to inform and entertain the lovers of the game: Hence, when a telecaster desires to telecast a sporting event it is incorrect to say that free-speech element is absent from his right.” Sports have also been identified as a unifying mechanism that provides a sense of community among increasingly diverse constituents of larger bodies such as a region or nation. This important function of sports is aptly described by Professor Rodney K Smith in the following excerpt of his article24. “In our diverse culture, characterized by a wide variety of ethnic, religious, socioeconomic, and other groups, there may well be no other force quite like sport, in terms of bringing people of diverse backgrounds together in pursuit of a common purpose. People from all walks of life are able to sense some unity of purpose as they gather to participate in or watch competitive athletics. With growing divisiveness on the basis of ethnic, religious, and cultural differences, the capacity of sport to unity may be of increasing significance, particularly if teams are not divided on the basis of race, religion, or culture. Deep friendships that transcend such difference are often forged in the crucible of athletic competition. The need for such a sense of connection or community is significant, although the capacity of sport to contribute to connectedness may be discounted by those who refuse to embrace sport as anything more than mere fun and games.” This kind of an effect of sports, especially of a sport like cricket in India, is such that when the Indian cricket team plays a match, all social, cultural, religious, and caste differences are forgotten and people get together to watch the match and identify with each other, whatever the fate of the team be. 24 R Smith, ‘When Ignorance is Not Bliss: In search of racial & gender equity in Intercollegiate Athletics’, Missouri Law Review, 61(2), 1996, p 329. 16 | P a g e

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In contrast to the optimistic vision of sports discussed above there are a few aspects, which also mirror negative social attributes, such as selfishness, undue aggression and inability to reconcile to a defeat. Sports, therefore, reproduce the tension between values which favour unrestricted personal autonomy and those that favour external regulation as a means of establishing community norms in the realm of sports. This tension leads to a concern about how sports should be regulation a conflict between sports and values, what should be given precedence? What is different about sports as an object of regulation? Though it is preferred that sports should remain outside the control of the State, State intervention in a country like India is essential as most sports barring cricket, golf and tennis are not lucrative enough and do need infrastructural support from the State 25. Primarily, the state needs to ensure that all sports adhere to the societal values and principles. Therefore, the state has to intervene in order to uphold the values of the society by promoting sports and treating it as education. Sports have also been used in society to instil regional and national feelings. For example, Adolf Hitler used the Olympics in Germany to promote his agenda of racial supremacy. Similarly, during the cold war, the American Olympic team boycotted the Moscow Olympics due to political differences between the two nations, which was reciprocated by Soviet Russia in the Los Angeles Olympics. Indian cricket team's boycott of the cricket series in Pakistan over political agendas of war and terrorism also clearly indicate that there is certain control maintained on sports by the state, particularly when it comes to national sentiments. Various sports bodies exercise control over Sports by—  Ensuring that the laws of the land are not violated;  Enforcing the rules of the game during the course of play; and

25 Anneliese Nelson, “When, where and why does the State intervene in Sport : a contemporary perspective” ,Sports law ejournal, faculty of law, Bond University. http://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1000&context=slej 17 | P a g e

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

Evolving the process of reviewing decisions through bodies like National Anti-Doping Authority and adhering to the rules and regulations of the worldwide governing bodies like the International Olympic Association and the Court of Arbitration for Sports.

The State as a sovereign entity plays a decisive role in the organisation and promotion of physical activities and sports, as it oversees the approved sporting federations. It promotes the sports federations along with their devolved organs like leagues and committees, by providing them with financial assistance and human resources and infrastructure, which supports their activities at both local and national level and bestows autonomous status to the sporting federations for conducting various sporting events. Till now state intervention in regulating in sport, athletes and their conduct is very limited. It is very difficult for any state draw line between conduct of any sport person or any normal person. Fight between two sportsperson and fight between two normal people is regulated differently. If a player punches an opponent repeatedly during a rugby match resulting in a broken nose, the player may be sent off the field. At worst, they may be suspended from play for a period of time by a disciplinary board. If this same act was to occur on the street, the perpetrator would be arrested for assault occasioning bodily harm or even grievous bodily harm. There are five main ways the State regulates sport. Firstly, the taxation of sports people and sporting entities is firmly legislated. Second, some jurisdictions have legislation governing particular sports such as boxing. Many have strong regulation on drug use in sport. Third, wagering and betting statutes affect all types of sports with which gambling is associated. Fourth, the State encourages sport through 18 | P a g e

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funding, various fitness regimes and public health initiatives usually put forward by Health Departments. Lastly, there are some circumstances where the criminal law is invoked. This is largely to make a spectacle of particularly dangerous or callous behaviour on the sporting field and is by no means consistently applied. Furthermore, the criminal law is used in the sporting context to protect and uphold one of the main functions of government: prevention of breaches of the peace. Events like Hillsborough disaster and Heysel Stadium disaster forced the regulating institution to regulate the conduct of teams, sportsperson and spectators. The Hillsborough disaster resulted in the deaths of 96 people and injuries to 766 others, at a match between Liverpool and Nottingham Forest at Hillsborough Stadium, Sheffield, England on 15 April 1989. The disaster has since been blamed primarily on the police for letting too many people enter the stadium. It remains the worst stadiumrelated disaster in English sports history, and one of the world's worst football disasters.26 The Heysel Stadium disaster occurred on 29 May 1985 when escaping fans were pressed against a collapsing wall in the Heysel Stadium in Brussels, Belgium, before the start of the 1985 European Cup Final between Juventus of Italy and Liverpool of England. 39 people mostly Italians and Juventus fans were killed and 600 were injured in the confrontation.27

26 Eason, Kevin (13 April 2009). "Hillsborough: the disaster that changed football". The Times (UK). Retrieved 1 October 2009. 27Heysel: Liverpool and Juventus remember disaster that claimed 39 lives, http://www.mirror.co.uk/sport/football/news/heysel-football-stadium-anniversary-ofdisaster-852138

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These two events shocked the world and let the world to realise the need for regulating the sports to avoid these kinds of events. Regulatory imposed harsh penalties and criminal penalties on the criminals. 2. The Ministry of Youth Affairs & Sports The Ministry of Youth Affairs and Sports was set up in 1982 as the Department of Sports and became an independent Ministry in 2000. The Ministry has been functioning as the Department of faith Affairs and Department of Sports under two separate Secretaries since 2008. The specific subjects of the two departments originate from the Order of the Government of India (Allocation of Business) Rules, 1961. The priority objectives of the Ministry of Youth Affairs and Sports are:  Maintaining and improving India's position in the world ranking of sporting  

events through significant participation in world-class competitions. Supporting federation policies to increase participation in competitive sports. Creating the infrastructure and promoting capacity building for broad-basing sports as well as for achieving excellence in various competitive events at the national and international levels.

The National Sports Federations are responsible for organising, developing, and coordinating high-level sports. They identify players to represent India, and coaches to supervise the Indian squads. They entrusted with the responsibility to optimise the resources allocated to different sports by initiating preparatory training for players and by assisting various teams to take part in several international competitions. The Federation also have the task of taking up initiatives for further discovery of talent and promotion of the sports activities, with emphasis on the social and educational role of sports. However, although these federations are required to play an important role in the quantitative and qualitative improvement of sports activities, particularly for people with disabilities, school children, women and the elderly etc, as well as in the development and fitness of every individual, they usually do not. 20 | P a g e

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3. The Indian Olympic Association (IOA) India even before attaining independence participated in the Olympics. Participation as a separate entity fostered the spirit of India's independent existence28. Foundation of IOASir Dorabji Tata pioneered in 1920 the Olympic movement in India and in 1927 along with Dr. A.G. Noehren founded the Indian Olympic Association (I0A). The domestic talent without the infrastructure, training and resources gradually started flourishing 29. A small contingent of six members, four athletes and two wrestlers participated in the Antwerp Olympic Games in 1920. Sir Dorabji Tata was elected member of the International Olympic Committee (IOC) during these games 30. A nine-member contingent was selected for the Paris Games of 1924. The Indian athletes performed better with two of them, TK Pitt in the 400 metres, and Dalip Singh in the broad jump, performing exceptionally well. The Indian participation in the Olympics invoked a national feeling and a sense of pride as Indian sportsmen participated on equal terms with the other nation. Soon after taking charge as President of the Indian Olympic Association, Maharaja Bhupinder Singh of Patiala faced the difficult task of sending a team to the Amsterdam Games of 1928. It was as a result of his labour and influence that India managed to send seven athletes and fifteen hockey players to Amsterdam31. 28 Majumdar.B and Mehta.N, 'Games of self respect: A colony at the Olympics'; 'Social and cultural diversity in the sporting world'; Emerald Group Publishing, edition 2008. 29 B Majumdar and N Mehta, '100 yards round a bend: To Antwerp Peasants on Athletics track', 'Olympics: The India Story'. http://www.outlookindia.com/article.aspx?237954. 30 B Majumdar and N Mehta, India and the Olympics, Taylor and Francis, 2009. 31 Majumdar.B and Mehta.N, 'Games of self respect: A colony at the Olympics'; 'Social and cultural diversity in the sporting world'; Emerald Group Publishing, edition 2008 21 | P a g e

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Role of the IOAThe onus for the preparation of athletes and their participation in the Olympic Games as well as in events like Commonwealth and Asian Games is with the Indian Olympic Association. At the national level each sport has a separate federation which selects sportspersons based on their performances. The national federations are assisted by the Netaji Subhas National Institute of Sports, Patiala, and Sports Authority of India which provide facilities not only to train sportsmen but also coaches and support staff associated with the particular sports. Olympic Associations at the state levels also strive to achieve the same objectives. 4. The Responsibility of the State In India, the encouragement of games and sports is the responsibility of the states in terms of Entry 33 of List II of the Seventh Schedule of the Constitution of India, which reads, 'theatres and dramatic performances; cinemas subject to the provisions of Entry 60 of List 1; sports, entertainments and amusements'. The Union of India, in exercise of its executive functions in terms of the allocation of business rules framed under Article 77 of the Constitution of India, has created a separate Ministry of Youth Affairs and Sports. One of the objects of the Ministry is to work in close coordination with national federations that regulate sports32. It is recognised that the management, development and encouragement of sports is currently on the State List and only the State Governments are empowered to make laws and take crucial decisions relating to it. To provide for the registration, recognition, and regulation of sports associations, various states have formulated individual Acts like the Himachal Pradesh Sports Act, 2005; Uttar Pradesh Sports Act, 2005; Kerala Sports Act, 2000; and the Rajasthan Sports Act, 2005. However, keeping in view the varied role of sports in our country and its importance in the international arena, the Government and other concerned agencies, and the federations or 32 As observed in the case of Zee Telefilms Ltd & Anr v Union of India & Ors AIR 2005 SC 2677, (2005) 4 SCC 649. 22 | P a g e

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associations need to work together harmoniously and in a coordinated manner to fulfil the objectives of achieving excellence in sports. In view of the above peculiarity, Justice Sp Sinha in the case of Zee Telefilms Ltd and Anr v Union of India (U01) and Ors33, in his separate dissenting judgment observed: “The Union of India is required to promote sports throughout India, it, as of necessity is required to coordinate between the activities of different states and furthermore having regard to the International arena, it is only the Union of India which can exercise such a power in terms of Entry 10, List I of the Seventh Schedule of the Constitution of India and it may also be held to have requisite legislative competence in terms of Entry 97, List I of the Seventh Schedule of the Constitution of India.” The National Sports Policy, 2001, also observed that, the 'question of inclusion of sports in the Concurrent List of the Constitution of India and introduction of appropriate legislation for guiding all matters involving national and inter-state jurisdiction will be pursued'. The debate as to who is empowered to legislate in matters relating to sports in India has been given a new dimension by the Delhi High Court in M/s Narinder Batra v Union of India34 decided on 2 March 2009. By applying the principle of harmonious construction, it has been held that the arena of sports with all its hues and colours is one such subject which, for different purposes would be covered under different entries in different Lists in the Seventh Schedule to the Constitution of India. The crux of the findings through which the power of Parliament is traced to legislate on the said subject is as follows:  The management, development, and encouragement of sports, along with the promulgation of sports law in India falls within the ambit of the state function

33 AIR 2005 SC 2677 34 W.P.(C) 7868/2005 23 | P a g e

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in terms of Entry 33 of List II of the Seventh Schedule of the Constitution of 

India. Sports have been traditionally considered an integral and inseparable part of education. Measures in respect thereof fall within the jurisdiction of the Department of Education under the Ministry of Education and Social Welfare of the Government of India under the Allocation of Business Rules framed by



the Legislature in exercise of powers under the Constitution of India. From as far deeply back as 1975, the Government deeply concerned with Press and the growing criticism in Parliament, press and otherwise of the low standards of sports and games had stated this in the circular no. F.11-4/74-SPI I dated the 20 September 1975. It was held and ma primary responsibility for the development especially of sports and games in the country y as the necessary base for competence in competitions overseas rests with the Indian Olympic Association, the National Sports Federations, Sports Federations, or



Associations. As the efforts of these fallen organisations had short of the country's expectations, leading to widespread public concern, issues of necessary remedial action were raised. The Government was concerned with the inability to raise standards to international levels. It was also aware that the various national organisations dealing with sports and games had autonomous functioning. In this circular, the Government had clearly indicated that it had no desire to interfere either with the internal working or with the autonomy of



these organisations. However, consistent with its obligations, it was felt that the Government had to lay down certain norms with reference to which the Government's assistance and its instrumentality should, on occasions, be made available to

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the Indian Olympic Association, the National Sports Federations or the 

National Sports Associations. In this background, the Government of India had considered the matter carefully in consultation with the All India Council of Sports and therefore decided that in the interest of promotion of sports and games, the Government's financial and other assistance shall be extended only to those national organisations dealing with sports and games which fulfilled certain conditions laid down in its guidelines titled 'Improvement of Standard of Sports and Games in the country—Conditions For Financial and Other



Assistance to National Sports Federation/Associations etc'.35 National Sports Federations as recognised by the Government may be established as private bodies However, in order to become representative bodies a; national federations representing the country, it is essential that they be so recognised by the Government. They would have no authority to enforce any degree of regulation or control over the various state bodies but for the authority which is vested on them only by virtue of the recognition granted by



the Government. It may be desirable that sports federations have autonomy in areas of the actual conduct of sports, However when a sportsperson represents India at the international fora, it is an essential function of the Government not only to oversee the scrutiny procedure for selection for a sporting event but also the forum in which such selection procedure takes place. The sources of the

35 Guidelines for assistance to National Sports Federations.' http://www.ispsquash.com/guidelines%20for%20assistance% 20to%2Onational %20sports%20federations.htm 25 | P a g e

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legislative competence of the Government to do so are Entries 10 and 13 of 

List 136. There can be no argument that international sporting events have been considered an essential part of diplomatic relations of the nations. Nuances of hostility in political relations, issues of defence, security concerns of players, objections on account of policies of discrimination, apartheid, and perceived human right violations have guided nations in decisions to participate in sporting events in different countries. Political and diplomatic clearance is required by the Indian teams before participation in the international tournaments and forums. No State Government would have the competence or the jurisdiction to undertake such exercise. This is clearly the province of the Union Government.

The above observations and various judicial pronouncements clearly recognise that the management, development, and encouragement of sports and the promulgation of sports law in India specifically falls within the ambit of the states in terms of Entry 33 of List II of Seventh Schedule of the Constitution of India. However, Keeping in view the varied role of sports in our country and its importance in the international arena, the central and the state governments and other concerned agencies and the federations or associations need to work together harmoniously and in coordinated manner to fulfil the objectives of achieving excellence in sports. 5. Judicial Review In several countries, sporting bodies exercising monopoly status are increasingly coming under judicial scrutiny. The fact that the sporting associations are performing some public functions and affecting vital public interest cannot be denied. Judicial 36 Entries 10 and 13 of List I of the Constitution of India read: 10. Foreign affairs, all matters which bring the Union into relation with any foreign country. 26 | P a g e

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opinion in Scotland, New Zealand, and Canada is already in favour of judicial supervision of sporting bodies, while in England, change is being advocated37. The extension of the scope of judicial review in recent years to bodies that are not necessarily thought of as public bodies has been the most interesting and promising development in the field of public law. And the growing acceptance of the philosophy that all those who wield power should be accountable and should be subject to general principles of good administration indicates possibilities for developing the role of the court in controlling the power of private corporations and self-regulatory bodies. In India, a public law remedy in writ jurisdiction can, in given cases, be swift. Fourteen cricketers of India including the then captain were penalised for their unauthorised cricketing trip to the USA, by being banned from international cricket. This penalty was challenged in the Supreme Court in Vineet Kumar v BCCI. In about a span of six weeks, by two hearings in the Supreme Court, the ban was revoked and the cricketers reinstated. Since the ban on the cricketers was revoked and the dispute resolved amicably, the Supreme Court did not have the occasion to go into the issue of the maintainability of the writ petition. The Writ Courts' supervisory jurisdiction helped to ensure that public bodies do not abuse their power and do not act arbitrarily, capriciously, unreasonably, or unfairly. Whatever other regulatory controls they may be subjected to, it is becoming increasingly desirable that private bodies wielding controlling supervision. Litigation and the possibility of litigation can play a useful regulatory role.

37 R v Jockey Club exp. Massingberd-Mundy (1993) 2 All ER 207, following Law v National Greyhound Racing Club Ltd 119831 1 WLR 1302 27 | P a g e

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28 | P a g e