Battling the temptation to write about the legal issues behind the controversies of sports at present, it is however important to start this blog right from the basic level-the genesis where the law behind sports law arises and finds its footing.
Sports is listed as Entry No. 33 of List-II (State List) of the Seventh Schedule of the Constitution of India. This principally means that only States have the rightful authority to legislate on matters relating to Sports within their respective territory. In furtherance to the same, many states have passed their own legislations regulating sports within their state viz. Kerala Sports Act, 2000, Rajasthan Sports Act etc.
The Union of India can legislate on such matters only in cases of national interest and during the continuation of a proclamation of Emergency. However, that does not stop the Union to issue policy statements on regulation of sports by states.
The National Sports Policy, 2001 and the Draft Comprehensive Sports Policy, 2007 are the current policy initiative of the Government of India in the field of sports. These documents are indicative of the vision that the country has for the growth of sports facilities, sports training and sporting culture.
Sports Policies began in India in the year 1984 with the formulation of National Sports Policy, 1984 which had as its objective, the raising of the standards of sports and development of sports infrastructure in the country. The Sports Authority of India (SAI) was created in 1984 to spot and nurture talent in India.
Over the years, it got transpired that even as the National Sports Policy, 1984 encompasses various facets in respect of encouraging sports in the country, the implementation of the same was not complete and left much to be desired.
With that background, the Government formulated the National Sports Policy, 2001. This Policy covered the following:
(a) Broad-basing or mass participation of Sports
(b) Achieving excellence in Sports at the National and International levels
(c) Promotion of Sports activities
(d) Integration of Sports and Physical Education with the education curriculum.
(e) Consideration of 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 jurisdictions.
(f) Recognition of the inter-dependence and inter-relationship between the Sports and Tourism sectors.
(g) The introduction of suitable legislation to be considered for providing open areas to promote sports activities.
(h) Mobilization of Corporate Funds for the development of Sports in the country.
(i) Revenue sharing arrangement of the revenues generated by the sale of broadcasting television rights of sports events between the concerned Sports Federation/Association and the broadcasting/telecasting agency.
While the broad-basing of Sports was provided as the responsibility of the State Governments, the Union Government was to actively supplement their efforts in this direction and for taping the latent talent, including in the rural and tribal areas.
It reiterated that the management and development of Sports were the function of the Indian Olympic Association and the National Sports Federations, which are Autonomous Bodies and who, in turn, have affiliated State level and District level Associations. The Government and other concerned agencies and the Federations/Associations were to work together harmoniously and in a coordinated manner to fulfill the objectives of the National Sports Policy, 2001.
The Comprehensive National Sports Policy (Draft) 2007 furthers the aforementioned policy statements by recognizing the need for sport to permeate all sections of society and become a way of life. It aims to achieve the same through:
(a) “Sports For All” program by providing universal access to sports and physical education for all classes of citizen, in all segments of society and across all age groups for physical well-being or recreation and personal or community development.
(b) Establishment of National Sports Infrastructure Grid.
(c) Encouragement of Corporate Sector to participate in augmenting the sports infrastructure in the country.
(d) Universalize Sports facilities in educational institutions.
(e) Introduction and implementation of the Panchayat Yuva Khel aur Krida Abhayan.
(f) Fostering of Sports Club Structure.
(g) Promoting Sports Competition
(h) Introduce Physical Education and Sports as a core activity in all youth development programs by Nehru Yuva Kendra Sangathan (NYKS), National Security Services (NSS), Bharat Scouts & Guides (BS & G) and NGOs.
(i) Sports Advocacy
(j) Promotion of Indigenous Sports
(k) Promotion of Sport among young girls and women
(l) Promoting Sports for persons with disability
(m) Creation of Talent Scouting Pools and Sports Nurseries by SAI.
(n) Mooted the idea for establishment of Sports Regulatory Authority
These Policy statements define the broad periphery within which State Governments should legislate for sports governance and regulation. In order to ensure uniformity in implementation and execution, there has been an attempt to bring “sports” within the domain of “Concurrent List” vise the Constitution (61st Amendment) Act. However, the same has not met with success owing to the failure of the majority states to accede to such a proposal.
Till the same is achieved, every State shall have to legislate its own sporting law within the policy statements provided by the Centre to this extent.
