Author: Abinaya. R, Chennai Dr. Ambedkar Govt. Law College, Pudupakkam
ABSTRACT:
This article examines difficulties faced by athletes beyond the medals. The pervasive power imbalance between the athletes and government bodies in India. They systematic failure of Indian sports affecting the life of the talented athletes, even though the people win the Olympic the recognition of them was not properly to them. The deva kumara Meena and Kuldeep Kumar break national records in men’s pole vault event but still there is no support to them from the state and the national sports federation. The athletes’ rights are not protected by ministry of youth affairs and sports. The National sports federation is running as monopoly only the recognition was given by them. in the case of Olympic Association v. Union of India the National sports code 2011 was framed because there is corrupted in the selection committee because of the non-sports members in the board. As of today the athletes as faced several issue such as sexual abuse, there is no proper infrastructure for the athlete improve their talents in India. There is no specific that governance for the sports. The government funding allocation for the sports in scheme “khelo mission” distributed through the National sports federation such federation work as monopoly so such will not taken proper accountability and transparency Now India has brought up with National sports governance act 2026 which include sports board and tribunal and redressal commission . if such act will be effective for upcoming Olympic events in India.
TO THE POINT;
India has huge investment on sports but Olympic success is still elusive. The Indian government provide proper platform to the sports person. The problem faced by the athlete there is no proper coaching, equipment, infrastructure development . the central government brought an funding allocation other through federation not by the state governments which leads to monopoly administration. The state government has responsibility to improve talents and give them proper training , funds ,coaching to improve the talents. The athletes who income is low is insufficient to again proper training and coaching. The athlete only again support for National sports federation committee after section criteria was full filled other athlete does not again any support from federation or neither by government. The major problem in the selection was the entire discretionary of the national sports federation because many athletes have faced issue selection committees because the selection may be biased due to any of the reasons by the selection committee. This second major is faced by the women athletes is athletes only general Vishaka guidelines is applicable no other redressal commission or tribunal to protect the safety women athlete . in the national sports governance act 2026 provided redressal mechanism but still the athletes does not proper safety even though there is an redressal commission is also the members of the board so the women athlete won’t get any solution to their problems. The last issue faced by them is recognition of winning in the Olympics or participating. Most of the athletes does not receive recognition from their state government and media support for the international administration, conduct and election of NSF. It mandates good governance, transparency and infrastructure development National sports policy: to create a A legal framework for the selection committee for federation and guidelines was provided to such federation and for the infrastructure development.Contract law: the agreement between the athletes and federation, coaches, sponsors etc.Intellectual property rights: protection of their brands merchandise and broad casting rights using the copy rights act 1957 and trade mark act 1999.
THE PROOF:
The recognition of sports law in the Indian constitution came after the Zee telefilm case ,still there was no proper recognition of it. The Indian sport system failed to provide proper infrastructure, fund allocation, coaching etc. the numerous athletes were withdrawn from athletes due low per capita income and the growth of Indian GDP is low. There is no proper support from the government to improve the sports in the state. Asha Roy, India fastest runner who quits the track due to no sport in track, training and struggling for basic facilities. Kamal Kumar who won medals had the same due proper facilities so the numerous athletes have quit. The other major thing is the selection committee by the National sports federation. The due lack of accountability and transparency of the selection committee leads to choosing talented athletes in India. The guidelines for the selection committee were brought in the case of Rahul Mehra. So the Indian system of recognition of sports failed.
CASE LAW:
1.Rahul Mehra V. union of India ,2010 says the selection committee of national sport federation was lack transparency and accountability so the Rahul Mehra was filed an Public interest Litigation say that federation is monopoly, lack of fund allocation and mismanagement so the national sports development code 2011 was brought to provide the guidelines to them.
2.Indian Olympic Association v. Union of India , the case says that the national sports federation challenged national sports codes issued by the union of India say exceed the power of central legislation and beyond the scope of the International Olympic Association. The courts dismissed the petition say that sports entry comes under state list but Article 248 of constitution provides the centre government to frame a national sports policy.
3.Manjeet v. Indian Olympic association says that Manjeet was cross country skipper and has higher FIS ( international ski and snow board federation ) ranking then selecting athlete, stanza Lund up but due to manifest of unfair and arbitrary selection process she was expelled so she filed writ petition under art 226 in Delhi high court say that the Olympic association has to provide proper procedure participate in Italy Olympic event.
4. Vinesh Phogat v. Brij Bhushan Sharan Singh,2023 deals with sexual assault by the coaches during the training and she has won two-time Olympic medals in the world champion so such still pending the Delhi lower court .
5 Murugan V. Fencing association of India, Olympic games in India was regulated by the Olympic association of India register under societies registration act 1860 ,such case say the state Olympic association coordinating work with IOC which helps to provide adequate opportunities, training facilities and selection process.
Conclusion
This article examines the difficulties faced by athletes beyond the medals. This Indian athletes those who interested to participate international platform faces lack of proper accountability, transparency and mismanagement of federation is make worse of Indian Olympics. The Indian constitution does not provide explicit recognition to the sports. The National Sports federation was monopoly board control the entire sports system which leads to arbitrary even though the government provide the governance regulation to board still lack opportunities , infrastructure development and lack skill to coaching.so the government has to take entire control over the sports and to give proper guidelines and systematic to talent athletes which may leads to recognition in international platform. The administration of the National sports board was arbitrary , the selection committee and redressal mechanism the members of the board are related to. The government has ensure protection of athletes to avoid sexual abuse and assault. The many of athletes are face the sexual harassment without known to the society.so the government has take proper governance in sports . The Nation sports governance act 2026 deals with the same procedure but the government made a national sports board and tribunal which is appointed by the central government but still the government provides jurisdiction for it.
FAQS
1.What does national sports governance act 2026 dealt with?
The national sports governance act 2026 deals with rules and regulation is to be framed for national sports federation and recent year the sexual assault and abuse has increased so to give sports board to investigate and to provide fastes trial and justice to the athlete and to provide proper selection committee to provide platform to talent athletes.
2. Whether the constitution provide recognition to the sports law in India ?
The constitution provides the implicit recognition to sports that under article 19 to practice any profession in India and as well right to equality under art 14
