This Article is written by Mallika Kumari Amity University Patna an intern under Legal Vidhiya
ABSTRACT
The concerned article here throws light on the holistic and summarized aspects with respect to the context or aligned notions of the challenges encompassing the players transfers in India and their associated suggestions being formulated by the author, and it is helpful in order to develop an insight among the readers to further contribute their valuable realizations in this field as a call for action under this article.
This plays a vital role for even encouraging and enhancing the domain of the multi-disciplinary research in concrete and highlighted aspects in the contemporary and even in future terms and prospects as well for the scholars and develop an insight in order to do the same in aligned regards respectively.
KEYWORDS-
Sports Law, Players Transfers, Dispute Resolution, Sports Law Jurisprudence.
INTRODUCTION FOR THE MATER CONSIDERED HERE-
Sports has been playing a due vital and effective role in the concrete fields in the national context and as well as the state level context and India has emerged as the important point for attracting the horizons and interests of the sports all over the world in a significant and paramount perspective.
Players being responsible in different horizons of the sports such as football, cricket, hockey;etc; has been a major substantial element in regulating and in the due course of development of the sports spirit in the country itself.
The matter of the players transfers in different types of contexts and as well in different categories or branches of sports aligned in terms of their legal disputes in such concerned respective matter or matrix plays an important role.
The objective of this article is to highlight the happenings of the machinery of the players transfers in the country named, India and aligned with the legal disputes and the challenges accompanied with the suggestions of the author so as to build a pathway in concerned topic in order to tackle a problem and providing a solution for the same in such regards for the betterment of the society specially, in the sports field as concerned here or considered here respectively. And the objective of this concerned article further duely highlights in significance as well in multi-disciplinary approach of studies as aligned with various fields such as Human Rights, Sports Law, Jurisprudence and further more and more as wherever the subject-matter falls under any given branch or domain of study or knowledge as considered or concerned here respectively in such due and holistic regards.
LEGAL FRAMEWORK FOR THE MACHINERY OF THE FACILITATING THE PLAYERS TRANSFERS AND ACCOMPANIED LEGAL DISPUTES OR GRIEVANCE REDRESSAL IN SUCH REGARDS ARE –
The legal framework as concerned or considered here in the respective manner of the players transfers and aligned manner of the legal disputes resolution has been duely influenced by several statutes such as The Indian Contract Act of 1872 where the parties get into the contractual terms as per the terms and conditions their transfer concerns gets conducted and can further if referred for arbitration then one can go in such regards,further, Labour Laws in different aspects has been responsible for the solution pathway guidance in terms of various forms of disputes as under the due jurisdiction of the respective sections or legal provisions or legal ambit of the Industrial Disputes Act of 1947 upto the limit applicable, further, Specific rules as formulated by ISL, I-LEAGUE, IPL and PKL or other authorized actors in the system plays a collaborative effective role as well.
Further, a code of conduct as well-versed in sports aspects has been formulated by Ministry of Youth Affairs and Sports that majorly plays a vital role in such regards too as concerned or considered here respectively.
Further ahead, FIFA REGULATIONS ON THE STATUS AND TRANSFER OF PLAYERS AS (RSTP) has been applicable in football context or field as well in terms of dealing with the matters as concerned here.
The contentions of the inappropriate players transfers from one club to another or as against the contractual terms or as per the lack of standardized criteria and accompanied with several other factors in a complimenting and supplementing sense yields to the occurrence of several legal disputes and calls for further grivenace redressal zones or notions in order to grant justice to such players as considered or concerned in any given respective case and that too depending upon the circumferences of the factual matrix of such case and usually the authorities or the tribunal or the court having jurisdiction in such cases plays a due vital role in determining the actual addressal of such cases in a fair and reasonable yet judicious manner so as to shape the present and future horizons of the players being involved in such valid or invalid transfer cases.
CONTEXT AND HORIZONS OF DIFFERENT TYPES OF PLAYERS TRANSFERS HAPPENING IN CONTEMPORARY ERA-
There are various types of players transfers depending upon the context such as;
Permanent transfer as one in which case, full rights gets completely transferred from one place of club to another in case of players transfers being considered under the duely assigned terms and conditions as per the legal ambit applicable and deemed fit.
Loan transfer as one in which case, the original club of the sports has ownership over the players just the only other rights has been transferred to the other club of sports as per the terms of the contracts as specifically dealt under several cases or as required or deemed fit under the given case, that can be checked depending upon the fats and circumstances of the each case, and each case’s unique complexity and matrix as well in such holistic regards as concerned or considered here respectively, as on temporary basis.
Free Transfer as one in which case, as on one’s own free will and consent after the due expiration of the binding period or the due expiration of any sort or kind of restricting contractual terms and conditions came to an end, the players tend to get transferred on their own basis as considered or concerned here respectively.
Swap deals as one in which case, the exchange forum of players among or between different sports clubs tends to happens as per the agreed terms and conditions as concerned or considered between the parties on the mutual or consenus-ad-idem sense.
CHALLENGES COMING UP IN THE PICTURE IN THE CONCERNED MATTER HERE-
There has been several challenges as encompassed under the system that being followed up in the due course of transfers of the players and the legal dispute resolution in such concerns are consisting of several factors that have been working in a holistic manner which paramountly consists of lack of standardized adequate format with regards to laying down the contractual terms as concerned between the parties when dealing or getting into a contract on the concerned matter as deemed here respectively, further ahead, there has been week or poor grievance redressal mechanisms and resources underlying in such aspects as there is even due lack of trained professionals and lack of zeal among the persons who had been involved in solution of such grievance redressal mechanisms or cases as concerned here respectively, further, the lack of equal footing on the bargaining powers of the players as considered plays a major negative or challenging impact in such players transfers and legal disputes as well as concerned or considered in the several complex cases respectively.
SUGGESTIONS PROPOUNDED BY THE AUTHOR IN LIGHT OF THE ABOVE-MENTIONED CHALLENGES ARE-
The suggestions as addressing the above-mentioned challenging factors and others would encompass of adopting a holistic and multi-faceted approach or multi-dimensional approach based on the empirical study being done by the due experts as concerned or considered in the field here respectively and their due recommendations or suggestions being formulated based on such studies as done by them in holistic sense.
Further, human rights evolutionary perspective can be taken into account in order to match and aligned the individual interests of the players with the club or authority concerned in the sports field respectively so as to build a thorough and meaningful terms and conditions for the due transfers and handling of the grievances and legal disputes of the concerned players in alignment of the fundamental rights on broader sense as given under part 3 of the Indian Constitution of 1950 between the articles 12 to 35 in such holistic regards as concerned here or considered here respectively.
Moreover, ethical considerations such as transparency and lack of corruption in such regards need to be monitored or prevented or control so as to yield a or build a healthy system in such transfer matters.
Further, the recent trends of the players transfers in different fields of the sports category needs to be addressed so as to build a healthy pathway for the same by thorough study of the events thereby as considered and deemed important for the sports culture maintenance and due development in the nation or country or India.
CONCLUSION AS A CALL FOR ACTION-
Thus, it can be said that, this article plays avital role in highlighting the concrete aspects of the players transfers and dispute resolution in the contemporary era and sparks a promising future outlook if the stated and other challenges get solved with the accompanied suggestions the, the sports law and sports field will be yielding its fruitful results at its most potential level in an optimistic way.
The future of the players transfers has its due roots in the contemporary era where the hindrances needs to be addressed so as to outcast the expected appropriate standardized system in order to balance the interests and developments of the micro and lacro-level concerns in such considered or concerned matter so that, the country could not holds its back in issues in regards to due exploitation and sufferings of the talent being considered here in the different sports field and this way the country will further create a strong example through its working on a universal and globalized scale so as to match-up and create an insight in order to work in an affirmative sense to derive the system for which the results could come up as on the positive frontnote and the country can finally look into the other paramount matters and as well witness the evolutionary landmark smooth functioning of the system and building the country as the strong centre for sports where players will feel integrated with the system and not as a mere toy or tool getting exploited or manipulated by the authorities concerned or considered in the respective field itself
REFERENCES
- SCC ONLINE,www.scconline.com,
- LAW SIKHO , https://lawsikho.com,
- LAW BHOOMI,https://lawbhoomi.com,
- TIMES OF INDIA ,https://timesofindia.indiatimes.com,
- LEXLOGY ,https://www.lexlogy.com,
- INDIAN EXPRESS ,https://indianexpress.com,
- HINDUSTAN TIMES, https://www.hindustantimes.com,
- JIER ,https://jier.org,
- THE AIFF,https://www.the-aiff.com,
- THE IMPACT LAWYERS,https://theimpactlawyers.com,
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