Need For Sports Law In India

Introduction

The sports law in India is one of the lowest talked about laws in India. The sports industry is not only left to the games being played outside the houses but also the games played on the laptop. This gaming industry has grown over the years. The people in the gaming industry are earning more than the people playing the physical sports. The physical sports have to go through the test of doping while it is not applicable to the online gaming industry. The players in this industry are more on the younger side and not only limited to a nation but players playing these games are spread worldwide.

Impact Of Covid

The coming of Covid in the country has increased the gaming industry across the world. The covid came in India during the March, 2020 and is present in the country till now. During that time, the online gaming industry increased much more than any other games across India or the world. The streaming on Twitch or Loco increased of the gamers.

There are different tournaments related to the simulator games which were played. The introduction of F1 Esports tournament, which was held at a specified place with the teams and the players but due to the covid the games are now being played from the home itself. These tournaments have gained so much popularity as the qualifying rounds for the team selection lasts upto a month for the drivers selection by the teams. Accelerate, a game organised by ABB Formula E for the simulator drivers to drive in the tournament and the winner of the tournament gets to drive the original Formula E car, and the winner of the tournament was Frede Rasmussen.

Governing Legislation

There is no specified legislation in the Sports law. The Sports Industry mainly works on the different legal laws and pertaining to acts which include different areas of laws pertaining to contract law, tort law, trademark law and various others. These laws and acts pertain to the issues of players, teams, managers and associations. The other issues under this area pertains to the contracts between the teams and the players, harassment in sports by the players or the management authorities, Broadcasting rights between the organisers and the viewing organisation, Endorsement and Advertising rights issue and Intellectual Property Rights for the team logos and other issues pertaining in the games.

[Image Sources: Shutterstock]

Sport Law

The issue for doping is one of the problems in the sports industry. The sports industry has proper rules and regulations provided by the World Anti-Doping Agency Code which is provided by its agency which is World Anti-Doping Agency (WADA), and the organisation which follows it in India is the National Anti-Doping Agency (NADA) which has its primary aim to follow the code provided in the WADA Code. The main aim is to regulate the dope control program, provide education and conduct research on the harmful effects of doping or using harmful substances and the effect they can have on the body of the athlete.

The sports policies in India are formulated mainly by the Ministry of Youth Affair and Sports. The Department of Youth and Affairs was set up by the Government for the purpose of governing and looking after the sports area of the country and also responsible for giving away the Rajiv Gandhi Khel Ratna Award and the Arjuna Award.

Who Can Be Held Liable For The Doping Violations                                     

There are certain violations if done by an athlete more than once, then the athlete can be held liable for the violation of doping charges. Doping is defined by WADA and NADA follows the same. Some violations include –

  • Unable to provide sample for testing.
  • Unable to provide himself for the doping control or not available for the test.
  • Illegal transportation or consumption of prohibited substances under the annual List issued by WADA.
  • Tamper with any doping control process.

National Sports Policy  

As there are sports being one of the crucial part of the Indian History, the lawmakers of the nation felt the need to raise the standards of sports across the nation, as back in 1983, the Indian Cricket Team won the World Cup. With this aim for the nation and its athletes, National Sports Policy was passed in August 1984, by both the houses of the Parliament. Though the policy was passed but there was no act formed through. The National Sports Policy, 1984 had some points for the encouragement of the nation but the implementing of the policy could not be done. Due to which National Sports Policy, 2001 was drafted which had three goals, which is as follows-

  • The initial goal was to clearly identify the areas of responsibility for all agencies responsible for sports promotion and development. Promotion is essential in the sports industry for all athletes and sponsors.
  • The second goal was to identify sports federations that were qualified for coverage under these rules, and then to spell out the procedures that these federations must follow in order to receive governmental aid and assistance, as well as sponsorship.
  • The third phase was to establish the eligibility criteria that the government will use to provide subsidies to sports federations. These conditions had to be carefully chosen so that the federations would take them seriously.

Author: Mukund Ranjan, in case of any queries please contact/write back to us via email chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

References

  1. https://www.fiaformulae.com/en/gaming/accelerate
  2. https://en.wikipedia.org/wiki/Impact_of_the_COVID19_pandemic_on_the_video_game_industry#Esports
  3. https://ssrana.in/corporate-laws/gaming-and-sports-laws-india/sports-law-faq/
  4. https://blog.ipleaders.in/everything-need-know-sports-law-india/
  5. https://www.legalserviceindia.com/legal/article-6074-sports-law-in-india.html

Leave a Reply

Categories

Archives

  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010