Sports Law

Human beings are involved in sports activities since times immemorial. From the earliest days of human civilization till date, sports have developed from a mere source of personal entertainment to a global industry comprising more than 3% of world trade. In the UK, sports provide employment to more than 420,000 people. It is one of the largest revenue generating industries of the world and with the proliferation of the Internet and other forms of media, the sports industry is set to grow even at a faster pace in the future. An industry of billions of dollars with a pervasive global presence is bound to breed its own disputes and this resulted in the growth and development of sports law as a separate discipline in its own right. Sports law is no longer an applied law or an amalgam of laws in some jurisdictions, which have taken the lead and enacted separate legislation concerning sports. For instance, in India sports figures in the Concurrent list of the Seventh Schedule (entry 33) of the Constitution on which both the union and state legislatures are competent to make laws. There are already 3 States; Rajasthan, Himachal Pradesh and Uttar Pradesh, which have enacted laws on regulating sports activity including registration, regulation and recognition of Sports Associations (Uttar Pradesh has since repealed the Act). In the field of sports, the club is the basic unit at the grass root level. At the top of the hierarchy are the international sports bodies for each sports made up of national bodies of different countries. The national sports bodies again consist of 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

clubs. Further. These are autonomous non-profit making private bodies. which prohibits a federally funded institute to discriminate on the basis of gender. associations or societies are usually set up under the law of societies. these bodies must be careful not to cause any damage to the reputation of the players and not to exploit the celebrity status of the players without their consent. many of these are also established as non-profit associations under the company law jurisdiction in the UK and commonwealth countries including India. For instance. Title IX in the USA is an important Act of 1972. These organizations cannot distribute their surplus or make payment of dividends to members. Their surplus. In the USA and UK the sports bodies have multiple obligations under the sports law.provincial sports bodies. Since players are nowadays under public and media attention. Spectators can also sue the sports bodies or clubs for negligence under . They are under the law bound not to make any gender discrimination among the players. has to be solely and wholly applied for furtherance of organizational objectives. hours of work etc. They must also allow the players to unionize and negotiate collective bargaining agreements with the management on their terms and conditions of work including pay. these bodies become liable in damages to the aggrieved player. In default. if any. In cases involving allegations of drug abuse and use of performance enhancing drugs these bodies must give the concerned player the right of being heard before taking any punitive action against him.

From six gold medals in a row from 1928 to 1956. Thus a sporting spectacle required a Competitive Balance and the ordinary rules applicable to a pure market had to be modified here. Even the Gentleman’s Game Cricket has been marred by match fixing and payment from bookies. Need for Laws The Sporting World has been plagued by scandals and controversies in the past few decades. This incident exposed the maladministration and insularity of a defective system that drained our resources. the Indian Hockey team hit an all time low failing to qualify for the 2008 Olympics. He said that no single sporting team or player could offer an interesting and independent product of value in sports. The Olympic Games Bidding Scandal. He analysed professional sports with the paradigms applicable to any other economic activity and came to some brilliant conclusions. given the nature of the game. He defined the sporting competition as a joint product and a collective effort of a number of factors.the law of torts when they suffer unexpected injuries. the recent IPL scam and allegations of sexual harassment by the Indian Women’s Hockey Team have rocked the nation. The mechanism of the economics of the sporting world was taken up by Simon Rottenburg in his seminal work on professional sports. All these incidents expose the dark side of a highly competitive world. one needed Competitive . Even though competition was the core value that promoted sports.

The second pillar on which the sporting world thrived was the unpredictability of outcome. •Consultancy services must be provided to the sports bodies and players. Co-ordination of the legal fraternity and the sporting community is a pre-requisite for such a healthy interaction. Perpetrators of harassment and discrimination should be severely punished. draw out the existing players and lead to the foreclosure of a competition must not be tolerated. •A greater sensitivity and legal support must be provided for women players. This will enhance the morale of the players by improving contractual dynamics among them and the administrative bodies. The area of sports law is relatively new and at the nascent stage of conception in our country. It would be highly advisable to include a former player of a game at the helm of affairs rather than a mere administrator or politician with vested interests. •National identity and the spirit of representing India must supersede political decisions. These two factors defined the mechanism on which sporting industry worked Vision of a Comprehensive Sports Law in India •The Law should establish and promote rules of ethics and spirit of sportsmanship among competitors and the bodies involved in decision making. tenure caps and age restriction on office bearers of federation must be brought in. Denial of essential facilities and exclusionary policies that are intentional at a player or a rival organisation should result in the termination of the services of the administrator concerned. •Research of excellent quality must be encouraged in the area of sports through continuing education. Misuse of authority must be severely dealt with. Revenue was generated by the excitement offered by teams more or less evenly matched. •Salary caps on players and teams should be brought in. Thus the principle that public interest is best served by the unrestrained free markets did not apply here. .Balance or Equality of competitors to some degree for the success of the event. Practices that create a barrier for new entrants. •To check corruption. Contracts must clarify expectations and commitment from the players and agents. Ethical solution to legal issues in sports is the core idea behind the vision.

"Sports Law" in India for the promotion of Sports. . so that the Sportsmen and Sports shall not suffer". and ethical practice of.a notable feature of late is the increasing and decisive role of lawyers in settling outcomes. the Australian Cricket Board's Chief Executive. and Cricket series of stumbles over mach fixing. Yet lately sports has had an uncharacteristic run on the front page due to its own failing. an independent authority and a comprehensive law is the need of the hour. doesn't like the fact the sport is a growth industry for lawyers. Of course. In which due to the lack of legal training the matters were hanging in the several High Courts of India. Malcolm Speed. That is why many of us bypass the news and turn to sports in search of something more inspiring. recent victories by Arjuna Ranatunga over the International Cricket Council and Korda over the International Tennis Federation were widely condemned because lawyers exploited legal loopholes in the sporting rules-book. organization whose common goal is the understanding. advancement. Agreeing the provisions of the IOA Honorable Supreme Court of India directed the IOA to appoint an Arbitrator in the matter and settle the disputes. sports has always had its disputes . A well planned exhaustive competition compliance programme can be of great benefit to all enterprises. Further. payments from bookies and Ranatunga debacles Demonstrates the obvious-. A fresh perspective. by bringing Legal Practitioners and Sports persons together. rape.sports has a dark side like other affairs . it is an area of study that is worthy of definition and in depth academic inquiry and practice.Nevertheless. but nowadays. Illicit sex and drug abuse. Where as on pleading in the matter I submitted before the Honorable Supreme Court of India that "under the provisions of the Constitution of the Indian Olympic Association there is an Arbitration clause in such a disputes by IOA. he says. bribery. The front pages of newspapers are a daily reminder of human folly. professional. murder. legal training is crucial for professional sports administrators. be it corruption. Stories such as the Olympic games bidding scandal. In the last year alone I have handled several matters in various High Courts and the Supreme Court of India settling the disputes for holding the office of the Triathlon Federation of India. national. The Sports Law & Welfare Association of India (SLAWIN) is a nonprofit. the Peter Korda drug doping affairs.

Physical Education and Amateur Sports. but gave a new thought to practice the cases in Sports related matters. the infiltration of law in sports is on a permanent growth curve and the.Thus in compliance of the direction of the judgment of Supreme Court of India the long battle of two groups of TFI had been resolved and the sports show of The TFI is in the smooth sail. "Sports Law" is a growth industry in many part of the world . SLAWIN's role is to foster the discussion of legal problems affecting sports and to promote the exchange of a variety of perspectives and positions of sports law To promote and. Aims of Sports Law and Welfare Association of India are: • To provide Educational Opportunities and disseminate data and information regarding specific areas of sports law To provide a forum for lawyers representing Athletes. Canada. Olympic. when he was terminated illegally from the services of this Institute and took over the Advocacy as a challenge for his avocation. "Sports Law" in their countries. Institutional etc.till his reinstatement. Civic Recreational Programs. Conferences.Solicitors. establish rules of ethics for sports persons and practicing professional of law. Collegiate. He had practiced matters related with Service. where necessary. In India. He had appeared in various High Courts and Supreme Court of India and pleaded the sports law from 1995 to 1999 . its members involved in sports law To produce high quality research in the field of sport and the law To publish widely and disseminate research findings To provide up to date information on current sports law issues including a resource of sports law material To provide consultancy to sportsmen and sports bodies concerning sports law issues • • • • • • . and Australia and New Zealand and playing their prominent roles in the growth of. Attorneys and Lawyers in other countries like America. "Sports Law" is very new and growing with the imaginative idea of Dr. Like it or not. from the nation's premier and only University of Physical Education & sports." modern sports administrators" has to rely heavily on legal advice. Leagues. Educational Institutions and other Organizations involved in Professional. Educational. Teams. who has graduated and post graduated in Physical Education. Amaresh Kumar. "Lakshmibai National Institute of Physical Education" Gwalior some where in the year 1995.

To promote ethical solutions to legal issues in sport and notions of "Fair-Play" To positively address all issues of discrimination in sport. .• • • To promote undergraduate and postgraduate research and continuing education in sports law study.

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