This Article is written by Mallika Kumari Amity University Patna an intern under Legal Vidhiya
ABSTRACT
This article contains a holistic and thorough highlight of the concerned topic here which somehow determines the crucial crux and aspects of the sports law practice to be followed up in India in light of its tracing trends from contemporary era to the future outlook part, and further addresses the challenges underlying and the suggestions put forward for them in order to address the discussed challenges and aligned context in order to boost a promising future outlook towards the due development of the sports law practice in the country or nation here, India in all just fair and due regards as well.
KEYWORDS
Sports Law, Evolutionary Jurisprudence, Human Rights, Constitutional Interpretation.
INTRODUCTION
Sports Law plays a vital domain or arena of the law in matters of the Indian society as a major chunk or mainstream part of the society consists of varieties of sports in such aligned and holistic regards and India turned out to be the one of the important centre for the sports aspects and happening at the globalized and universal level and in such regards of the existing system, a thorough and well-balanced and well-versed legal ambit or legislation or law in such regards has been required in order to regulate the functioning of the machinery of the system in the light of the justice at both micro and macro level and authorities could work and discharge their respective duties and functions as assigned in the justified and judicious manner as assigned in such regards.
It is important and vitally important to know about the outlook of the sports law practice in the country named, India here; as it highlights as one of the core specific industry where paramount challenges does come up at vital times, and it further ahead do impacts a major substantial chunk of the society and overall health of the professional system considered thereby, which needs to be addressed for the overall and holistic interest of the country and the allied fields as well, so that, the whole ecosystem of the industries interlinked can function in a well-performed manner, under the influence of the due legal machinery or ambit as being discussed.
This will further aid in instigating an awareness and call for action among the readers and the other duely considered or concerned members of the legal fraternity in order to ensure the high alert time or need of the hour to work and look into the matter challenges and to come up with solutions to boost the sports law practice in good regards in contemporary and future terms as well in the country while, handling the loopholes of the past scenarios as well, in holistic and adequate required terms as well, acting on the specific and multi-disciplinary and creative horizons or levels as well in just regards.
LEGAL CONTEXT
There has been several instances coming up into the picture in concrete sense for the due concerned interests of the sports field such as, National Sports Development Code of 1996 and one of the same of 2011, acting as the governance norms in such regards. Further ahead, the Sports Authority of India (SAI) and (NADA) as established it the years 1984, and 2011 respectively, turned out to be major efficient role players in the due development of the sports and athletes interest in such aligned regards respectively.
In recent and contemporary sense that thoroughly addresses the facets of the future prospects can be interlinked to the approach of the National Sports Governance of 2025, which stands out as an active part by the legislature in comprehensive terms to build up international and duely required adequate standards for the sports parts of the country, and under it, the (NSB- the NATIONAL SPORTS BOARD) will be constituted further ahead in such aligned interests as said or mentioned already, and it will yield fruitful results in contributing to the foundational sports safe policy and ethical workings in the considered or concerned regards respectively as deemed here. Further, steps will be taken in stronger and bold sense to foster the spirit of transparency in National Sports Election Panel part as well, and to further initiate the efficient constitution and working of the National Sports Tribunal additionally as well.
Another one is the National Anti-Doping (Amendment) Bill of 2025, as being passed by NADA- the National Anti-Doping Agency and aligns on international level as well with UNESCO’s norms and acts on the major reformatory prospective as well.
Besides these above-mentioned there has been more to go and develop in order to build and foster a healthy sports legal field so that, the sports activities could actually flourish in a grateful manner as required for the nation itself in high standards prospects.
There are even more legal context facets and phases that can be even traced in historical and contemporary context that will further ahead somehow impacts the promising future outlook with regards to the spirit and interest aligned with the matrix of the aligned sports law practice in India, specifically in future sense.
CHALLENGES
The challenges and hindrances aligned in the due working of the sports law practice in India has been numerous in numbers and the different factors duely worked in collaborative sense in complimenting and supplementing regards as well, such as, the lack of adequate infrastructure in legal fraternity terms of resources such a slack of adequate laws, statutes or other legal tool which could actually in detail each and every or maximum ambit of the issues and problems as coming up in the due light of the sports field as concerned as the mainstream part of the society itself further, the lack of trained professionals and even lack of adequate high zeal among themselves as being responsible for the due implementation and enforcement of the law in the concerned various fields and branches or domains of the sports in the country as here referred to, creates a lot of authority issues, collaborative functioning issues both at inter and intra or micro and macro levels, and lack of transparency and high rise in corruption regards as well, often which the power and tactis and has been used by some other manipulative players of the system where the talent get compromised and huge amount of exploitation at economic, cultural, sex or gender, political and social level happens to the victims concerned in different cases coming up from time-to-time; and all these needs to be addressed in order to deal with other interlinked anciliary and subsidiary issues as well which further gets mostly arises is the disputes redressal mechanism which is not very upto the mark and often in various cases marks as the puppetary point of contractual terms between the concerned parties in the respective case,where with undue influence where the other innocent parties suffer upto a major mark specially in the cases of transfer of players with regards to or from one sports club to another, or when granting them their basic human rights as well.
There are even more challenges coming up ahead as well.
SUGGESTIONS
The suggestions parts for the addressed or above-mentioned challenges and others, additionally on the same line or horizons, could be one of multi-dimensional and multifaceted approach where, the empirical study needs to be done by the due experts of the fields and based on their observations, reporting and recommendations, an approach needs to be build in the above-mentioned regards so as to tackle the real practical-based issue with a thorough solution in the best most possible way, where the country could actually go for comparative studies a swell, research and development should be enhanced in such regards, so that, the country could actually match-up the standards of the sports law practice at universal and globalized level and even could set an example on its own by doing or following the above-mentioned manner or techniques and deal with major issues in promising time, for which training of the players being involved in the system needs to be done, policies and laws and other legal tools should be developed in the best motive and manner in the aligned interest as discussed above in all just and holistic regards.
Further, the existing laws in the due ambit of the sports field in the concerned or considered matrix respectively, needs to be reformed in such a vital and paramount manner so as to make it even more fairly comprehensive enough to address and get into the substantial aspects as the challenges from different aspects keep coming up from due respective situation-to-situation and from time-to-time as being highlighted in various real-life case studies and surveys in this way at macro-level, the holistic considered or concerned system can get upgraded in an affirmative way or outlook, as well at micro-level the mental and overall health in political, social, physical and other concrete terms of the respective concerned players could be ensured in a well-fair manner as well; all this would be helpful in dealing with major amount of interlinked cases and will further ahead, facilitate the existence and ensurance of the law, order and justice in the sports system; if in such behalf gets propounded by the activists and experts with due collaboration of other sports enthusiasts concerned or duely considered in the society just for the overall betterment of the concerned or considered domain or field here respectively in itself in just fair and judicious regards holistically,acting in the due jurisprudential aspects as discussed in this article respectively as well in fair terms in itself.
ALIGNED HOLSITIC APPROACH
The future of the sports law practice could be actually understood in the aligned deep study of the multi-disciplinary aspects of various subjects as Sports law, Jurisprudence, Constitutional Law and as well as other humanities subject such as Political Science, Psychology, Sociology, Anthropology and;etc.
Further, the influence of the sociological, realist and historical facets of the different schools or branches or realms of jurisprudence could actually determine the due evolutionary development of the facets of the sports law and aligned practice in the contemporary and upcoming future prospects as well, as society and law acts an influencing factor for each other and a major impactor to influence and shape each other in collaborative complimenting and supplementing for the positive or negative or neutral sense as depending upon the facts and circumstances of the each case, depending upon each case’s considered or concerned complexity and uniqueness and as per the need of the hour as well, aligned with judge’s due creativity and subjective role in their due interpretation and shaping part to the theory-based parts into practical-real life scenarios and situations as under the due legal ambit considered as well.
CONCLUSION
Thus, it can be said and concluded that, this article plays a vital role in developing a call to action to highlight the crucial phases and aspects of the future sports law practice in India, interlinked with the contemporary era which is a food of thought for the readers as considered or concerned here respectively.
REFERENCES
- SCC ONLINE, www.scconline.com,
- SSRN eLIBRARY, https://papers.ssrn.com,
- Chambers and Partners, https://practiceguides.chambers.com,
- Research Gate, https://www.researchgate.net,
- LawInfluencers, https://lawfluencers.com,
- Legallands LLP, https://legallands.com,
- Anand & Anand, https://www.anandandanand.com,
- Ignited Mind Journals, https://ignited.in,
- International Journal of Law Management & Humanities, https://www.ijlmh.com,
- Legal Service India, https://www.legalserviceindia.com ,
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.
