Page 54 - CONNECT 2023-24
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Sports Law in India: Navigating the Legal Landscape





                                                                          - Smital Desai & Samruddhi Bhosale

       Sports law in India is a dynamic and evolving             Several key authorities oversee and regulate
       field  that  pertains  to  the  legal  aspects  of        sports in India, including:
       sporting activities within the country. It deals          •  Ministry  of  Youth  Affairs  and  Sports:  The
       with a wide range of legal issues involving               central governing body responsible for
       players,  teams,  managers,  and  affiliated              policy and regulation of sports activities in
       entities. This area of law encompasses                    India.
       traditional legal domains such as contract                •   National     Sports     Federations:      These
       law, trademark law, tort law, and various                 organizations govern various sports and set
       others.                                                   the guidelines for their administration.
                                                                 •  Sports  Law  and  Welfare  Association  of
       Is There Legislation Governing Sports Law in              India: A body dedicated to addressing legal
       India?                                                    issues and ensuring welfare in sports.
       India, interestingly, does not have a dedicated           •  Sports  Authority  of  India:  Primarily
       sports law. Sports falls under the concurrent             responsible for the development of sports
       list of the Indian Constitution, which means              and the training of athletes.
       that both the Union and State legislatures                •  Specific  governing  bodies  for  individual
       have the authority to formulate laws related              team  sports,  such  as  the  Board  of  Control
       to sports. As a result, sports law in India is            for  Cricket  in  India  (BCCI)  and  the  Indian
       primarily covered by existing legislation,                Hockey Federation.
       most notably the Indian Contracts Act.
                                                                 Case: Cricket Association of Bihar vs. BCCI
       Within the ambit of sports law, various critical          A  significant  legal  case  that  exemplifies
       issues are addressed, including:                          the complex interplay of sports and the
       • Contracts between sports players and                    law  is  the  Cricket  Association  of  Bihar  v.
       other parties.                                            Board  of  Control  for  Cricket  in  India  &  Anr.
       • Doping policies and regulations.                        In this case, the Cricket Association of Bihar
       • Addressing harassment and misconduct                    challenged amendments made by the
       in the realm of sports.                                   BCCI,  which  allowed  commercial  interests
       • Legal implications of sports-related injuries           in the organized T20 cricket tournament,
       and liability.                                            seemingly  benefiting  Mr.  N.  Srinivasan,  the
       • Tort law as it applies to sports and athletes.          BCCI’s president at the time.
       •  Broadcasting  rights  and  contractual                 The Supreme Court upheld the appeal,
       agreements.                                               asserting  that  the  BCCI  performs  “public
       •  Managing  conflicts  of  interest  related  to         functions,”  subjecting  its  activities  to
       player endorsements.                                      principles of fairness and good faith. The
       •    Legal      considerations        surrounding         court  even  deemed  the  office  bearers  of
       endorsements and advertising in the sports                such  sports  bodies  as  “public  servants.”
       industry.                                                 Recognizing       the    inherent     conflict    of
       •  Intellectual  property  rights  protection             interest in the BCCI’s amendment allowing
       within the sports sector.                                 commercial interests in its administration, the
       • Safeguarding the rights of athletes and                 Supreme Court appointed a three-member
       players.                                                  committee known as the Lodha Committee
       • Who Are the Authorities for Sports in India?            to  investigate  the  BCCI’s  operations  and
                                                                 the role of President N. Srinivasan in alleged

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