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Unleashing the Power of Sports Law in India: Navigating the Legal Landscape for Athletes, Institutions, and Governance

Sports have a special place in every Indian's heart. Almost every sport is played in this country. Most of us has played one or the other sport in our life and some even choose it as a career. Cricket world-cup is celebrated as a festival.

India's Highest Ever Sports Budget in Financial Year 2022-2023: Rs. 3062.60 Crore​ Sport is regarded as one of the largest industries worldwide in terms of generating employment and revenue.[1] Since India has successfully transformed sports into more than just a recreational activity, it is currently dealing with many sports-related concerns. For example, organising major sporting events, providing athletes with the needed infrastructure and approvals, leasing broadcasting rights. Proper ongoing of such tasks requires proper laws and regulations.

Apex Body for Sports in India

Ministry of Youth Affairs and Sports established the Sports Authority of India in 1984 to make policies relating to sporting events in the country. After many successful events, the Sports Authority of India has broadened its focus in order to support a variety of sports and give advice to young people on how to concentrate their endeavour on sports excellence. It also started a number of ancillary programmes, such as coaching, school-based physical education, and public awareness campaigns for sports and physical fitness. It also launched programmes to offer incentives to those in need of training to enhance the skills of Indian athletes.

National Sports Policy
The sheer participation of Indian sportsmen in various competitions and events was insufficient to promote sports in India. The legislators felt pressured to implement regulations to raise the sporting bar for the nation. With this idea in mind, a bill on the National Sports Policy was approved by both Houses of Parliament in August 1984.

It was decided that when the policy was put into place, the results would be tracked and assessed every five years so that the next course of action could be planned in case it was thought necessary. Although the National Sports Policy, 1984 came with several promising elements, it was never put into action. To reformulate this policy and fix any issues with the prior bill, the National Sports Policy of 2001 was written with three objectives in mind.

Arbitration as a technique for resolving disputes in sports law

In arbitration, a sort of ADR, the parties to a disagreement submit it to one or more arbitrators, who then issue a decision that both parties agree to abide by. Arbitration is a legal technique of resolving disputes outside of the courts. It is a fundamental method of settlement where a third party examines the evidence brought in by the opposite parties and then renders a decision that is binding on both parties.

Arbitration in India is governed by the Arbitration and Conciliation Act of 1996. The first of this Act's two sections, which deals with national and occasionally international dispute resolution, is separated into two parts.

The sole subject of the second section is arbitration conducted outside of India. Any issue in the universe of sports is first brought up with the federations in charge of that particular sport, and if necessary, the worldwide federation also gets involved in solving the issue. As the sports become full time profession and intensely competitive, arbitration becomes more and more necessary.

This approach provides the best solutions based on the diversity and indisputable nature of sports, as well as a quick decision on what to do. In addition, the courts, which are already overloaded with cases and frequently take a long time to adjudicate them, are relieved of the burden of handling sports-related disputes by the arbitration system.

In India, there are several legal difficulties related to sports, such as the following:
Anti-Doping:
India is dedicated to preventing the use of drugs in sports, and the NADA is essential in assuring adherence to the WADA code. Athletes are subject to random drug testing, and those found guilty of doping offences face consequences.

Player Contracts and Disputes:
To safeguard the rights and obligations of all parties involved, sports contracts, such as those between athletes and clubs or federations, must be carefully drafted. Contractual breaches, transfer agreements, or problems with image rights are all common causes of disagreements.

Sports Governance:
For the integrity of sports to be upheld, transparency and accountability in the management of sports bodies are essential. To ensure fair and open procedures, the election process, elections, and governance structures of NSFs have all been submitted to judicial examination.

Sports are heavily influenced by intellectual property rights (IPR), particularly with regard to trademarks, merchandise, and broadcasting rights. Through effective IPR registration and enforcement, athletes and sports organisations need to safeguard their brand and financial interests.

Conclusion
Sports laws in a country like India are very important and provides a framework to regulate sports activities in India. The legislation and the regulatory bodies works together to maintain the integrity and overall development of athletes and sports organisations in the country. As India continues to create athletes of the highest caliber it is crucial to establish an efficient sports law framework that solves new legal concerns and promotes an environment that is favourable for growth and excellence in sports

End-Notes:
  1. India's Highest Ever Sports Budget In Financial Year 2022-23: Rs. 3062.60 Crore https://www.iismworld.com/indias-highest-ever-sports-budget/

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