Sport has a special place among human beings where the majority of us, as children, have played some sports in school or in college. The advantages of sports are their own health, because the body remains mentally and physically fit. Sports law is a combination of laws which apply to and consequently sports played by athletes. Sports legislation covers a wide range of matters, including contracts, tort, agencies, antitrust constitutional labour. Some laws depend on sportsmen’s status, some laws vary according to sport and for other reasons.
It was not sufficient for Indian sporting people to participate only in different events and competitions to create a strong picture of Indian sport. The legislators felt that a policy to raise sports standard in the country should be introduced. With this in mind, in August 1984, a resolution was adopted in both Houses of Parliament on the National Sports Policy. The decision was taken to record and review progress after the implementation of this policy every five years in order to plan the further course of action if needed.
In accordance with the provisions of the National Sports Policy, the central government has established certain objectives of its own in 2001 like the broad-based development of sports, compulsory physical education at schools, the support of national and international sports promotion and sport excellence, together with support from the State Government and the Olympic Association. Sports were included in Indian Constitution to meet all of these objectives on the State list in accordance with the Seventh Schedule under Entry 33.
In addition to National Sports Policy, The Sports Law Association of India is a national, professional, non-profit organization that works on a joint agenda to promote and ethically practice sports law in India, by joining legal practitioners and sportsmen. The association discusses the legal problems of sport and encourages an exchange of views on sports law through a platform for lawyers representing sports participants.
The role of law becomes overly important since sports regulations have mainly been internal, i.e., by newly emerging international and national governing bodies. In addition to the excellent level of autonomy in deciding the principles of the individual sports they govern, these bodies, which generally have institutional and legal structures and interests of personal associations, also have a licensing of playing facilities, employment relations, commercial transacts, regulation of corruption and fraud, etc.
This decision in Zee Telefilms by the Hon’ble Supreme Court (aforementioned) is known as the Indian Sports Act Magna Carta. The problem was the arbitrary termination of the Radio Rights agreement by BCCI in this case. In Indian Sports Law jurisprudence, other than the Zee Telefilms case, there are various decisions that have contributed to it. Jabalpur discussed in 1991 the importance of Sports Law in India in the K. Murugan v. Fencing Association of India.
Sport has become a very important economic aspect of our country and common laws are required for growth and development, as it can lead to greater vulnerability and exploitation if it is absent. Sports have also been recognized by the United Nations as a way to encourage health, development and peace. The new model is required to govern sport because existing policies and agencies are incapable of achieving this objective in our country. At the moment, national pride and glory are at stake.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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