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Research Article

Sports Laws

International Journal of Research Pedagogy and Technology in Education and Movement Sciences

2025 Volume 14 Number 02 APR-JUN
Publisherwww.theuniversityacademics.com

Sports Legislation in India and Time to Address the Challenges of 21st Century

Singh H1*†
DOI:https://doi.org/10.55968/ijems.v14i02.578

1*† Harjeet Singh, Phd Researcher, Department of Law, Punjabi University, Patiala, Punjab, India.

Law has to play a functional role in every sphere of human life. In other words, law is everywhere from cradle to grave of a man. Sports is a physical activity where two teams compete with each other, are like two firms, produce a single product called "game" weighted by the revenues derived from the fair play. Under the seventh schedule of the Constitution of India, sports is a state subject under the State List, granting states the exclusive power to enact laws concerning sports. But ironically, there is no national or state legislation for the regulation of sports in India till date. This field is still regulated under different laws such as labour law, contract law, criminal law, public law, administrative law, competition law, intellectual property rights law, law of torts, media law, company law, human rights law etc. Analysis provides that the sports in India is governed and regulated by the followings: National Sports Policy Sports Law and Welfare Association of India Sports Authority of India The Sports Broadcasting Law in India In the 21st century, Sports sector continue to face challenges such as match fixing, doping, corruption, sexual harassment of female players etc. It has been observed that the intense competition in sports has allured the players to resorting to illegal and unethical practices for winning the game by hook or crook. The Sports Associations were built on principle of ethics, morality and talent, emphasising for fair play. However, the evils like labour disputes, drug usage, sexual harassment and lack of accountability among sports bodies still persist. National Sports Federations require revolutionary reforms. The serious aberration is the control by the politicians over these bodies. This is a biggest hurdle in the fair play of pious activity. For the better regulation, there is an immediate need to place sports in concurrent list of the Constitution of India for managing the challenges and issues of 21st century in effective manner. This paper analyses the critical issues and challenges related to the field of sports in the light of judicial pronouncements and further suggests remedial measures/reforms to be adopted in sports jurisprudence by the law makers of the country for the revival of the glory of sports in India.

Keywords: Legislation, Doping, Sexual Harassment, Match Fixing, Intellectual Property Rights, Concurrent List

Corresponding Author How to Cite this Article To Browse
Harjeet Singh, Phd Researcher, Department of Law, Punjabi University, Patiala, Punjab, India.
Email: 		Singh H. Sports Legislation in India and Time to Address the Challenges of 21st Century. ijems. 2025;14(02):97-102.
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2025-04-29 2025-04-30 2025-05-16 2025-05-28 2025-06-13
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Authors state no conflict of interest. Non Funded. The conducted research is not related to either human or animals use. 09 All authors have accepted responsibility for the entire content of this manuscript and approved its submission.

© 2025by Singh Hand Published by The University Academics. This is an Open Access article licensed under a Creative Commons Attribution 4.0 International License https://creativecommons.org/licenses/by/4.0/ unported [CC BY 4.0].

International Journal of Research Pedagogy and Technology in Education and Movement Sciences 2025;14(02)97
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Sports Legislation India Time Address Challenges 21st Century

Introduction

The history of sports is as old as human civilization. It is considered to be an integral part of human life since time immemorial. It is a significant aspect to lead a healthy life with the spirit of friendly competition among opponents in the field. It has been seen as a component of entertainment. The glory of Indian sports has helped the country to make its presence felt at international level. The eminent players of India contributed immensely in the field of sports by setting examples and made some world records.

Now, India is considered to be a preferred venue for organizing major sporting events such as Commonwealth Games and World Cup of hockey and cricket which attracted a lot of attention from the world[1].

  There are different federations in India which provide sports amenities and infrastructure but India is still not performing well in every major sports event except cricket. However, hockey can be taken as an exception here which has won bronze medal in the Olympic games 2024. Sometimes, it seems that cricket is the only national sport of the country due to excess glorification even by the government bodies. Though the governments at the central and state level and the private bodies are infusing investment in sports activities, the results of this investments are not adequate yet. One of the main reasons for it the lack of uniform regulation for sports in India. The existing laws and regulations are often fragmented, obsolete and inadequate, leading to numerous legal challenges and controversies in the sports industry. However, the recent developments such as establishment of the National Anti-Doping Agency (NADA) and the Sports Authority of India (SAI) have brought about some positive changes[2].

Meaning of sports

  According to the International Olympic Committee (IOC), “Sport is an essential part of human life. It contributes to physical and emotional development, builds social relations, helps and promotes healthy life style.” The IOC define sport as “an activity involving physical exertion and skill, governed by a set of rules or customs, and undertaken competitively”. This definition highlights the importance of physical activity, skill development, competition and rules in sports[3].

  From the above definition, it is clear that sports is an activity that deals with physical involvement, competitive spirit, specialized training and skill, and planning, and are usually organized and governed by specific rules and regulation. These activities can be individual or team-based and can include both outdoor and indoor pursuits. Sports aim to achieve a specific objective, such as gaining points, first crossing the concluding line or outperforming an opponent, while adhering to established rules and exhibiting good sportsmanship. In addition to promoting physical fitness and health, sports can also promote social interaction, teamwork, and personal development[4].

Sports Law in India

  The Constitution of India, under the seventh schedule, designates sports as a state subject, granting exclusive power to the states in India to enact laws concerning sports in their respective jurisdiction. Efforts were made by the central government in the year 2017 to shift sports to the concurrent list of the Constitution of India, allowing both the union and the states to formulate laws regarding sports. However, this proposal has not materialized yet. Various states like Punjab, Kerala, Himachal Pradesh, Haryana have formulated distinct policies and regulations in their respective jurisdiction to govern and boost sports activities among young population.

  In the modern times, the Britisher introduced various sports in India including cricket, football, hockey and athletics which led to establishment of various sports club, associations and federations. With the growth of sports in India, the need for legal regulations and protection for athletes and sporting events emerged[5].

  The first major legal development in Indian sports law occurred in 1923 with the formation of the Indian Olympic Association (IOA), which was established for the regulation and promotion of sports in India. The IOA was recognized by the International Olympic Committee (IOC) in 1927 which gave it authority to regulate sports in India according to international standards[6].

  The government of India established the Sports Authority of India (SAI) to support and develop sports at national level. The governing Act of the SAI established it as an autonomous body and gave it power to regulate sports at the national


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level. The SAI was tasked with developing infrastructure, organizing competitions, and providing training and coaching to athletes. It has played an important role in the promotion of sports as well as the establishment of the National Institute of Sports[7].

  In the year 2009, the Ministry of Youth Affairs and Sports established the National Anti-Doping Agency (NADA) to check the use of banned substances by the players in the sports events. It is accountable for undertaking banned drug tests on sports persons and administration of anti-doping rules and regulations in India[8].

  In the recent years, there have been several high-profile legal cases related to sports in India, including disputes over the ownership of sports franchises and the organization of sporting events. The BCCI has also been involved in several legal disputes related to its governance and the management of cricket in India. The development of sports law in India has been shaped by the growth of sports in the country and the need for legal regulation and protection for athletes and sporting events. The establishment of the IOA, the SAI and the NADA have been key milestones in the growth and expansion of sports regulation in India. However, there continue to be legal challenges and disputes related to sports governance and management in India[9].

Legal issues and Challenges of 21st Century in India

There are wide ranging legal issues and challenges in India that are concerning with sports including governance and regulation of sports such as athlete contracts, anti-doping regulations, sports related disputes, and intellectual property rights, betting and gambling, sexual harassment of female players by the persons who are at the helm of the affairs etc.

  1. Governance and regulation of sports: This task is primarily governed by the IOA and the SAI under the provisions of their mandate and instructions issued from time to time.
  2. Athlete Contracts: It is usually governed by the Indian Contract Act, 1872 which regulate contracts between the parties in India. Such contracts address issues like compensation, performance, expectations, and termination of contract etc.
  1. Anti-doping regulations: This task is governed by specialized agency national Anti-Doping Agency (NADA). Since its inception, this body is actively engaged to oversee major sports events like National Games, Inter-Varsity games etc. and issue guidelines and instructions to the organizers to follow anti-doping mandate in letter in spirit.
  2. Sports related disputes: There have been several high-profile legal disputes related to sports in India such as disputes over ownership of sports franchises, the organization of sporting event and disciplinary actions etc. These are resolved through Sport’s governing bodies, arbitration, mediation or litigation in Indian Courts.
  3. Intellectual property rights: These rights in sports include trademarks, copyrights and patents. The Trademarks Act, The Copyrights Act and The Patent Act govern the registration and enforcement of IPR in India. Sports teams and organization often register their logos and other IP with the relevant authorities to protect their rights[10].
  4. Sports betting and gambling: Sports betting and gambling are largely prohibited in India with a few exceptions. The Public Gambling Act, 1867 prohibits gambling in public places but does not specifically address online gambling[11]. However, the Information Technology Act, 2000 prohibits online gambling and betting[12].

In the March 2025 assembly session of Haryana, the government of Haryana on 18.03.2025 introduced the Haryana Prevention of Public Gambling Bill, 2025 with an aim at preventing match fixing, spot fixing and gambling in sports.

The Bill purposes stringent punishments including a minimum imprisonment of 3 years (extendable to 5 years) and a fine of at least Rs. 5 lakhs for match fixing and spot fixing. For repeat offenders, the jail term will increase to a minimum of 5 years (extendable to 7 years) with a fine of at least Rs. 7 lakhs.

The new legislation aims at repealing the Public Gambling Act, 1867, which the Law Commission of India, in its 249th report, had termed obsolete. The Bill seeks to prevent betting in sports and elections as well as match fixing and spot fixing in sports to protect the public from fraud.


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The Bill includes provisions to penalized gambling, membership in gambling syndicates and operating common gambling houses. It empowers executive magistrates or gazetted police officers to authorize searches, seizures and arrest without warrants. Additionally, any property derived from gambling offences will be liable for attachment or forfeiture under section 107 of the Bhartiya Nagarik Suraksha Sanhita (BNSS)[13].

  1. Sexual Harassment Concerns: It has come to light many times that the female athletes, wrestlers face sexual harassment, non-accidental violence, psychological harm at training camps by the people who are at the helm of the affairs of federations. To address such incidents Vishakha Guidelines[14] and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013[15] are put in place but women sports persons often complain about sexual harassment and psychological harm inflicted against them by the authorities of the federations. In the year 2024 there was wide spread protest by the famous women wrestlers of the country at New Delhi against the President of the Wrestler Federation of India.

Regulatory Bodies of Sports in India

Regulatory bodies in sports in India play a critical role in the development and administration of sports at various levels. Some of the important regulatory bodies in sports in India are as follows:

  • Ministry of Youth Affair and Sports.
  • Sports Authority of India.
  • National Anti-Doping Agency.
  • All India Council of Sports.
  • National Sports Federation.
  • State Sports Department.

Judicial Approach and Legal Transformation in Sports

  Judiciary in India has played an important and proactive role while adjudicating matters and issues regarding sports. The judiciary has evolved judicial law while interpreting the rules and the regulations of the regulatory authorities and also examined the things in context of present circumstances. A legal revolution unfolded in sports following the Ajay Jadeja v. Union of India[16]

ruling by the Delhi High Court in 2001. This case highlighted the necessity for structured procedures and coordinated investigations to tackle integrity issues within sports, asserting the court’s jurisdiction over certain public functions of sports bodies.

  In Zee Telefilms Ltd. v. Union of India[17], Hon’ble Supreme Court of India held that private broadcasters had a right to bid for broadcasting and transmission rights of cricket matches played in India.

  In Indian Olympic Association v. Union of India[18], Hon’ble Supreme Court of India held that Indian Olympic Association could not be derecognized without following the due process.

  Justice R.M. Lodha Committee in 2015 proposed the formation of separate governing bodies for IPL and BCCI and also recommended the constitution of a Player’s Association to safeguard the interests of the cricketers. Keeping in view the recommendations of this committee, Hon’ble Supreme Court of India in BCCI v. Union of India[19] case directed the BCCI to implement the recommendations.

  In Anirudha Deshpande v. BCCI[20], the Supreme Court of India held that cricket was a public game and directed the BCCI to disclose information about its functioning and finances under the Right to Information Act, 2005. This case highlighted the need for transparency and accountability in the governance of sports in India.

Sports Legislation for Addressing Challenges in India

There is an urgent need of proper sports legislation to address the challenges plaguing the sports industry in India. Despite governmental support and public motivation, the sports sector still continue to face challenges such as bidding scandals, corruption, match fixing and even the sexual harassment of female players by the authorities of the federation. Now-a-days, the competition in sports is very strong which forces the players to resort to illegal practices like taking banned substances during performance, bribing to the authorities etc. The sports associations were built on the principles of ethics and talent emphasizing a fair play between the opponents in the field but labour disputes, drug usages and lack of accountability of the sports bodies still persist.


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  Currently, only a few states like Rajasthan, Himachal Pradesh, Haryana, Punjab and Kerala have active sports regulations but there is no nation-wide uniform law concerning the sports. The government of India must consider the issue of sports on urgent basis and bring this into the fold of concurrent list of the 7th schedule of the Constitution of India. It is a fact that the sports federations in India are ruled by the political people having political affiliations to the mainstream political parties. These people have no experience of sports and under the guise of their authority they generally tend to exploit the players for their political gains and even indulge in the sexual harassment of female players. There is an urgent need to change the constitutions of the sports bodies/federations. Only the sports persons having good sports record are to be allowed to contest the elections of sports federations.

Conclusion and Suggestions

Sports law in India has developed significantly over the years, reflecting the growing importance of sports in the country. The legal framework governing sports in India is robust and covers various aspects of sports, including anti-doping measures, athlete welfare, sports governance and dispute resolution etc. However, there are still some critical issues that need to be addressed such as the lack of transparency in sports governance, the need for effective dispute-resolution mechanisms, gender bias and the need to promote sports at the grassroots level. Sports in India has evolved beyond mere entertainment to become a matter of national pride. With the extensive media coverage and corporatization, the sports have become an economic activity. The emergence of professional leagues and commercial interests have led to a corporate structure in the sports industry, highlighting the need for clear legislation to protect all the parties involved.

In the coming future, sports law in India is expected to continue evolving as the country seeks to launch itself as a sporting nation and global sports destination. There is a need for all the stakeholders in the sports industry, including the policymakers, the sports organizations, and the athletes to work together to address the challenges of 21st century facing sports in India and thus promote the development of sports at all levels.

References

Gaurang Kanth, Emergence of Sports in India, Indian Law Journal (March,2017). . . . [Crossref][Google Scholar]

Does India have Sports Laws?Nyaaya, available at http://nyaaya. org/nyaaya-weekly/does-india-have-sports-laws. . . [Crossref][Google Scholar] [Crossref][Google Scholar]

International Olympic Committee, “What is Sport?” available at http://www. olympic. org/what-is -sport. . [Crossref][Google Scholar]

Rakesh Ghildiyal, Role of Sports in the Development of an individual and Role of Psychology in Sports, available at http://www. ncbi. nlm. nih. gov/pmc/ available/ PMC 4381313 [Crossref][Google Scholar]

ibid at 1. . . nih. gov/pmc/ available/ PMC 4381313 [Crossref][Google Scholar] [Crossref][Google Scholar]

History of Indian Olympic Association, available at http:// Olympic. ind. in/ history. . [Crossref][Google Scholar]

Establishment of Sports Authority of India (SAI) available at http://sportsauthorityofindia. nic. in/sai/about-us. . [Crossref][Google Scholar]

available at http//www. nadaindia. org/en/about-us. . [Crossref][Google Scholar]

Abhinav Pandey, Emerging Trends and Future Prospectus in Sports Law in India, available at http://www. legalserviceindia. com/legal/article-10597. . [Crossref][Google Scholar]

Intellectual Property and Sports: Tracing the Connections, WIPO, available at http//www. wipo. in/. . [Crossref][Google Scholar] [Crossref][Google Scholar]

Section 3 to 9 of the Public Gambling Act, 1867. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

Section 3 of IT Act 2000. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

The Tribune dated 19. 03. 2025. . [Crossref][Google Scholar]

AIR 1997 SC 3011. . . . [Crossref][Google Scholar] [Crossref][Google Scholar]


International Journal of Research Pedagogy and Technology in Education and Movement Sciences 2025;14(02)101
Sports Legislation India Time Address Challenges 21st Century

Act No. 14 of 2013. . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

2002 (61) DRJ639. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

(2005) 4 SCC 649. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

(2014) 5 SCC 438. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

(2018) 6 SCC 287. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

(2020) 10 SCC 619. . . . [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar] [Crossref][Google Scholar]

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