This article is written by Satirtha Basak of Faculty of Law, Delhi University, an intern under Legal Vidhiya
Introduction
Mental health considerations are now seen as a pivotal dimension of sports law, emphasizing the need to protect athletes’ overall well-being. In India, managing sports involves a range of legislative measures, guidelines, and judicial rulings aimed at defending competitors’ rights and reinforcing their psychological welfare. In India, legislation governing sports largely depends on government directives and judicial verdicts. The National Sports Development Code of India (NSDCI) sets out operational benchmarks for sports organizations, prioritizing openness and responsible oversight. However, it pays limited attention to pressing concerns like athlete mental well-being, signalling a clear need for more expansive legal provisions.[1] Athletes’ mental wellness is a central component of their total health. The strains of competition, dealing with injuries, and meeting rigorous performance standards can profoundly affect their emotional resilience. To address these challenges, it is essential to increase awareness of mental health, provide access to counselling services, and cultivate an encouraging environment within the sports community.[2] Even though these concerns are increasingly acknowledged, Indian sports regulations have been criticized for overlooking athletes’ emotional well-being. Specialists recommend a bottom-up strategy that includes the mental wellness of every participant. Reducing the stigma tied to mental health requires educating coaches and officials to be empathetic and to foster a supportive environment.[3] Although India’s sports law framework has shown progress in safeguarding multiple facets of athlete welfare, it still struggles with a notable lack of mental health support. Bridging this gap demands a unified push to update current policies, implement comprehensive mental health programs, and ensure legal standards evolve to address athletes’ overall well-being.
Mental Health Challenges in Sports
In India, sportspeople contend with diverse psychological hurdles brought on by intense competition, cultural expectations, and the inherent rigors of high-level athletics. Negative perceptions surrounding mental health frequently deter them from seeking assistance, intensifying these issues. This hesitancy is further aggravated by minimal awareness and scarce mental health support within the sports landscape.[4] India’s legislative framework, especially the Mental Healthcare Act of 2017, is intended to uphold the dignity and safeguard the rights of those with mental health conditions. However, its application within sports remains insufficient, highlighting the urgent need for specialized measures that tackle the distinct mental health challenges athletes encounter.[5] Legal oversight is essential to ensure sports bodies enact and uphold mandatory mental health standards, including access to counselling services and supportive conditions that emphasize psychological wellness. By embedding mental health provisions into sports regulations, India can adopt a more comprehensive approach to athlete welfare, treating emotional resilience with the same importance as physical fitness.[6] Confronting psychological challenges in sports through well-aimed legal measures is crucial for both an athlete’s performance and overall welfare. A broad-based policy framework that covers mental health factors can help eliminate stigma, prompt athletes to seek assistance, and hold sports organizations responsible for nurturing their members’ emotional wellness.
Statistics Related to the Data for Mental Health in India
According to the National Mental Health Survey (NMHS) 2015-16, approximately 10.6% of adults in India suffer from mental disorders. The NMHS reported a treatment gap ranging between 70% and 92% for different mental disorders, highlighting significant barriers to accessing mental health care.[7] A 2017 study indicated that one in seven Indians were affected by mental disorders of varying severity, totalling around 197.3 million people. In 2022, India recorded 171,000 suicides, marking a 4.2% increase from the previous year and a 27% rise compared to 2018. The age-adjusted suicide rate in India is 21.1 per 100,000 population. The economic loss due to mental health conditions in India between 2012 and 2030 is estimated at USD 1.03 trillion. [8] These statistics underscore the critical need for targeted legal reforms and the implementation of comprehensive mental health policies within the sports sector to support athletes’ mental well-being. India’s participation in the Olympics has grown over the years. At the 2024 Paris Olympics, India sent a contingent of 117 athletes, a slight decrease from the 124 athletes who participated in the 2020 Tokyo Olympics.[9] While specific data on the prevalence of mental health issues among Indian athletes is limited, global studies provide context. A meta-analysis indicated that among current elite athletes worldwide, the prevalence of anxiety and depression ranges from 34%, while alcohol misuse is around 19%. Among former elite athletes, the prevalence of anxiety and depression is approximately 26%.[10]
Role of Sports Law
By establishing rules and guidelines designed to safeguard athletes’ emotional health, sports law is fundamental in addressing mental health concerns. This segment examines these efforts by looking at global frameworks, Indian laws and relevant case examples, alongside a comparison of foreign legal approaches. The International Olympic Committee (IOC) has actively championed athletes’ mental well-being. In 2023, it introduced a Mental Health Action Plan, a wide-ranging initiative intended to nurture psychological wellness across its four key roles: functioning as an organization, overseeing the Olympic Games, guiding the Olympic Movement worldwide, and advancing Olympism within society. This blueprint stresses the importance of leadership, the use of research and measurable benchmarks, and creating psychologically secure environments.[11] Moreover, the IOC introduced the “Mental Health Guidelines for Major Sporting Events,” offering practical tools and recommended strategies to weave mental health support into every stage of event planning. These guidelines address steps before, during, and after competitions, underscoring the value of a well-rounded approach to athlete mental well-being.[12] In India, legal measures to address athletes’ mental health are still taking shape. Although the National Sports Development Code of India (NSDCI) outlines operational standards for sports bodies, it does not include explicit mental health guidelines. The Mental Healthcare Act of 2017 protects the rights of those facing mental health issues and ensures access to care, yet it has not been effectively applied to the sports arena. This underscores the necessity for dedicated legal provisions tailored to athletes’ psychological well-being.[13]
When compared to India, countries like the United States and Australia have more refined laws that address athletes’ psychological well-being. In the U.S., the Mental Health Parity and Addiction Equity Act mandates that insurance plans provide mental health coverage equal to physical health coverage, indirectly benefiting athletes. Australia’s National Mental Health Strategy similarly lays out a framework to foster mental wellness across various fields, including sports. These examples point to India’s opportunity to establish well-rounded legislation specifically supporting athletes’ mental health.
Although international directives, such as those from the IOC, offer a solid basis for protecting athletes’ mental well-being, India’s current laws have yet to fully include these considerations in sports regulations. Learning from global precedents could provide valuable direction in formulating comprehensive legal structures that place an athlete’s psychological welfare at the forefront.
Analysis of Key Judgments
Indian Case Laws:
- Ravinder Kumar Dhariwal vs. Union of India (2021): In this case, the Supreme Court scrutinized the rights and protections available to armed forces personnel confronting mental health challenges. The judgment underscored the significance of implementing robust legal mechanisms to ensure proper mental health care and uphold the dignity of those affected by psychiatric conditions. Although the dispute did not directly involve athletes, the principles laid down highlight the increasing acknowledgment of mental health rights across India’s legal landscape.[14]
- Rahul Mehra vs. Union of India and Ors (2022): In this matter, the Delhi High Court took a close look at how sports organizations in India are run, emphasizing accountability and openness. The ruling made it clear that athletes must be treated fairly and have their rights safeguarded, with their overall well-being at the forefront. By highlighting these aspects, the Court effectively paved the way for mental health to be recognized as an integral part of an athlete’s legal protections.[15]
- C. Raghuraman vs. Tmt. D. Saritha and Others (2020): In this matter, the Madras High Court addressed the process of appointing legal guardians for individuals with psychiatric conditions. The Court underscored the regulatory gap that arose following the repeal of the Mental Health Act, 1987, and the implementation of the Mental Healthcare Act, 2017, emphasizing the urgency of robust legal mechanisms to protect the rights of people with mental health concerns. While the case itself did not revolve around sports, it highlights the judiciary’s growing focus on mental health and underlines the importance of legal safeguards.[16]
International Case Laws:
- Dutee Chand vs. Athletics Federation of India & International Association of Athletics Federations (2015): In this landmark matter, Indian sprinter Dutee Chand contested the IAAF’s hyper-androgenism criteria at the Court of Arbitration for Sport (CAS). The CAS upheld her challenge, finding that the evidence linking elevated testosterone levels to improved performance was inconclusive, and consequently put the regulations on hold. This decision is particularly noteworthy for shining a light on how such rules can affect an athlete’s mental and emotional well-being, reinforcing the importance of fair policies that safeguard psychological health.[17]
- Caster Semenya vs. International Association of Athletics Federations (2019):
In this high-profile dispute, South African runner Caster Semenya contested the IAAF’s guidelines compelling athletes with variations of sex development (DSD) to lower their testosterone levels in order to compete in women’s events. Although the Court of Arbitration for Sport acknowledged that these regulations carry elements of discrimination, it ultimately upheld them, citing the imperative of safeguarding the competitive balance in women’s sports. This outcome ignited widespread discussion regarding athletes’ rights, personal autonomy, and the psychological ramifications of enforcing medical interventions.[18]
Sports Organizations and Mental Health Policies
Sports organizations hold a critical responsibility in protecting the mental health of athletes, encompassing both legal and ethical obligations to promote their overall well-being. In India, the Ministry of Youth Affairs and Sports (MYAS) serves as the primary authority overseeing the governance of sports. To regulate this domain, the MYAS has implemented frameworks such as the National Sports Development Code of India (NSDCI). This Code requires sports organizations to follow principles of good governance, maintain transparency, and ensure accountability in their operations. Although the NSDCI primarily focuses on administrative and organizational standards, it inherently assigns sports bodies the responsibility of safeguarding athletes’ rights, which includes attending to their mental health needs.[19]
Although Indian sports law does not have explicit provisions solely dedicated to mental health, the broader mandates of the Mental Healthcare Act, 2017, still apply. This legislation guarantees everyone including athletes the right to accessible mental health care and protection against discrimination. As a result, sports organizations bear a legal duty to provide mental health support services and foster environments that are free from stigma and prejudice.[20]
Globally, there has been a growing acknowledgment of mental health as an essential aspect of athlete welfare, prompting the creation of tailored guidelines and policies. For example, the International Olympic Committee (IOC) introduced the “Mental Health in Elite Athletes Toolkit,” which equips sports organizations with effective strategies to enhance mental well-being among their athletes. These comprehensive guidelines set a standard for excellence, motivating national sports authorities to incorporate mental health initiatives into their governance frameworks. By doing so, they ensure that the psychological needs of athletes are addressed alongside their physical training, fostering a more supportive and holistic sporting environment.[21]
Challenges in Enforcement
- Overcoming Stigma and Raising Awareness: Mental health challenges are often clouded by societal stigma, causing athletes to hesitate in acknowledging their struggles or seeking necessary support. This cultural barrier significantly undermines the effectiveness of existing legal protections aimed at promoting their mental well-being.[22]
- Lack of Specialized Legislation: India currently does not have comprehensive laws specifically addressing mental health issues within the sports sector. The absence of clear legal requirements for sports organizations to establish and enforce mental health policies leads to inconsistent practices and weak enforcement across different bodies.[23]
- Insufficient Institutional Support: Many sports organizations are not equipped with the necessary infrastructure or trained professionals to provide adequate mental health services to athletes. This gap is largely due to limited resources and the lack of mandatory guidelines, leaving athletes without essential support systems.[24]
- Privacy and Confidentiality Concerns: Athletes may be deterred from seeking help for mental health issues out of fear that their privacy could be compromised. Ensuring strict confidentiality is crucial to encourage athletes to access the mental health resources they need without fear of judgment or exposure.[25]
Suggestions for Reform
1. Enacting Comprehensive Legislation: Introduce specialized laws that require sports organizations to integrate mental health policies into their frameworks. These laws should clearly define the duties of these organizations in offering mental health support and establish systems to hold them accountable for their commitments.[26]
2. Enhancing Education and Training: Develop and implement educational initiatives aimed at athletes, coaches, and sports officials to increase their understanding of mental health issues. The goal is to diminish stigma and foster a nurturing environment. Training programs should emphasize the ability to identify signs of mental distress and equip individuals with the skills to offer appropriate assistance.[27]
3. Building Robust Support Systems: Create and maintain accessible mental health services within sports organizations, such as counselling and psychological support. It is essential for these institutions to hire qualified mental health professionals who can address the specific needs of athletes effectively.
4. Implementing Strict Confidentiality Protocols: Establish and enforce rigorous confidentiality policies to ensure athletes’ privacy is protected. This will encourage athletes to seek the help they need without fear of their personal issues being exposed. Clear and transparent guidelines should be put in place to build and maintain trust between athletes and those providing support.[28]
5. Conducting Regular Monitoring and Evaluation: Set up oversight bodies responsible for tracking the implementation of mental health policies and evaluating their success. Regular audits and feedback systems should be introduced to continually improve these policies, ensuring they effectively meet the needs of athletes.[29]
Conclusion
The blend of sports legislation and mental health initiatives is crucial for the comprehensive well-being of athletes. While there has been notable advancement in acknowledging mental health as a basic human right, substantial shortcomings persist in both the legal structures and their application. Organizations on the global stage, such as the International Olympic Committee (IOC), have proactively implemented measures to support athletes’ mental health. In contrast, India’s sports legal framework, overseen by the National Sports Development Code of India (NSDCI) and broader laws like the Mental Healthcare Act, 2017, still falls short in specifically addressing the distinct mental health needs of athletes. Athletes often grapple with societal stigma, limited access to resources, and uneven support systems, which highlights the urgent necessity for extensive legal reforms. Introducing targeted legislation, establishing robust support mechanisms, and enhancing education and awareness are essential steps to bridge these existing gaps. It is imperative for sports organizations to adopt comprehensive mental health policies that ensure accountability, protect confidentiality, and include regular evaluations to maintain their effectiveness. By weaving mental health considerations into the fabric of sports law, we can cultivate a supportive environment that upholds athletes’ rights and promotes their psychological well-being. This integration is key to fostering a healthier, more balanced, and equitable sporting landscape where athletes can thrive both physically and mentally.
[1] Kumar, A. (2024) Legal Rights of Athletes and Dispute Resolution Mechanisms in Sports, E. Available at: https://www.ejusticeindia.com/legal-rights-of-athletes-and-dispute-resolution-mechanisms-in-sports (Accessed: 18 January 2025).
[2] SHARMA, P. (no date) CONTEMPORARY ISSUES IN SPORTS LAW IN INDIA: A STUDY OF INDIAN CASE LAWS, ls.iledu.in. Available at: https://ls.iledu.in/wp-content/uploads/2023/08/V1I182.pdf (Accessed: 18 January 2025).
[3] Pandey, K. (2024) Is India ignoring its athletes’ mental health?, CodeBlue. Available at: https://codeblue.galencentre.org/2024/07/is-india-ignoring-its-athletes-mental-health/ (Accessed: 18 January 2025).
[4] Patwardhan, D. (2022) The Mental Health of Indian athletes, Mintlounge. Available at: https://lifestyle.livemint.com/news/the-mental-health-of-indian-athletes-111642690406769.html (Accessed: 20 January 2025).
[5] Chakraborty, S. (2024) Mental Health Rights in India in Accordance with Human Rights, humanrightlawreview.in. Available at: https://humanrightlawreview.in/wp-content/uploads/2024/07/Mental-Health-Rights-in-India-in-Accordance-with-Human-Rights.pdf (Accessed: 20 January 2025).
[6] Jahangeer (2024) Exploring the role of sports organizations in protecting Athlete Mental Health: Ethical and legal considerations., LAW TALKS. Available at: https://lawtalks.in/exploring-the-role-of-sports-organizations-in-protecting-athlete-mental-health-ethical-and-legal-considerations (Accessed: 20 January 2025).
[7] Government of India, M. of H. and F.W. (2016) National Mental Health Survey of India, 2015-16, Ministry of Health and family welfare. Available at: https://main.mohfw.gov.in/sites/default/files/National Mental Health Survey, 2015-16 – Mental Health Systems_0.pdf (Accessed: 24 January 2025).
[8] World Health, O. (2022) Mental health, World Health Organization. Available at: https://www.who.int/india/health-topics/mental-health (Accessed: 24 January 2025).
[9] Sports Desk, H. (2024) Games of numbers: The figures that make up the Indian olympic team in Paris, Hindustan Times. Available at: https://www.hindustantimes.com/sports/olympics/games-of-numbers-the-figures-that-make-up-the-indian-olympic-team-in-paris-101721721278991.html (Accessed: 24 January 2025).
[10] Gouttebarge V, Castaldelli-Maia JM, Gorczynski P, et alOccurrence of mental health symptoms and disorders in current and former elite athletes: a systematic review and meta-analysisBritish Journal of Sports Medicine 2019;53:700-706.
[11] Burnett, D. (2023) New IOC Mental Health Action Plan to further focus on well-being of athletes and promoting psychologically safe environments, www.olympics.com. Available at: https://olympics.com/ioc/news/new-ioc-mental-health-action-plan-to-further-focus-on-well-being-of-athletes-and-promoting-psychologically-safe-environments (Accessed: 20 January 2025).
[12] Championing mental health: IOC’s blueprint for Major Sports Events (no date) International Federation of Muaythai Associations. Available at: https://muaythai.sport/championing-mental-health-iocs-blueprint-for-major-sports-events/ (Accessed: 20 January 2025).
[13] Kumar, A. (2024) Legal Rights of Athletes and Dispute Resolution Mechanisms in Sports, ejusticeindia.com. Available at: https://www./legal-rights-of-athletes-and-dispute-resolution-mechanisms-in-sports (Accessed: 20 January 2025).
[14] Chandrachud, D.Y. (2021) Ravinder Kumar Dhariwal vs the Union of India , indiankanoon.org. Available at: https://indiankanoon.org/doc/184463694 (Accessed: 20 January 2025).
[15] Waziri, N. (2022) Rahul Mehra vs Union of India and ORS on 16 August, 2022, indiankanoon.org. Available at: https://indiankanoon.org/doc/29790977 (Accessed: 20 January 2025).
[16] Quddhose, A. (2022) C. Raghuraman vs TMT. D. Saritha and others reported in …, Abdul Quddhose. Available at: https://Abdul Quddhose/doc/12803486 (Accessed: 20 January 2025).
[17] Holzer, L. (2020) What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of the Court of Arbitration for Sport, academic.oup.com. Available at: https://academic.oup.com/hrlr/article-abstract/20/3/387/5900454 (Accessed: 20 January 2025).
[18] Cooper, J. (2023) Protecting human rights in sport: Is the Court of Arbitration for Sport up to the task? A review of the decision in Semenya v IAAF – the international sports law journal, SpringerLink. Available at: https://link.springer.com/article/10.1007/s40318-023-00239-4 (Accessed: 20 January 2025).
[19] Dugar, R.K. (2023) OVERVIEW OF SPORTS LAW IN INDIA: MEANING, CONCEPT, AND LAWS, thelawbrigade.com. Available at: https://thelawbrigade.com/wp-content/uploads/2023/07/Rohit-Kumar-Dugar-JLSR.pdf (Accessed: 20 January 2025).
[20] Kumar, A. (2024) Legal Rights of Athletes and Dispute Resolution Mechanisms in Sports, www.ejusticeindia.com. Available at: https://www.ejusticeindia.com/legal-rights-of-athletes-and-dispute-resolution-mechanisms-in-sports (Accessed: 21 January 2025).
[21] .olympics, stillmed (2024) Mental health in elite athletes, stillmed.olympics.com. Available at: https://stillmed.olympics.com/media/Documents/Athletes/Medical-Scientific/Consensus-Statements/2019_Mental-health-in-elite-athletes.pdf (Accessed: 20 January 2025).
[22] Sengupta, S. (2022) ‘a barrier to performance’: How mental health of athletes is perceived in India, The Wire. Available at: https://thewire.in/sport/a-barrier-to-performance-how-mental-health-of-athletes-is-perceived-in-india/ (Accessed: 21 January 2025).
[23] Kumar, A. (2024) Legal Rights of Athletes and Dispute Resolution Mechanisms in Sports, www.ejusticeindia.com. Available at: https://www.ejusticeindia.com/legal-rights-of-athletes-and-dispute-resolution-mechanisms-in-sports (Accessed: 21 January 2025).
[24] BS, K.K. and D, J.D. (2018) Sports psychology in India: Current and future perspective, www.theyogicjournal.com. Available at: https://www.theyogicjournal.com/pdf/2018/vol3issue1/PartW/5-1-43-682.pdf (Accessed: 20 January 2025).
[25] Choulet , B.. (2023) Protecting athletes’ right to mental health treatment, Psychology Today. Available at: https://www.psychologytoday.com/gb/blog/sports-and-performance-psychiatry/202312/protecting-athlete-rights-to-mental-health-treatment (Accessed: 21 January 2025).
[26] Shetty, K. (2021) Proposed reforms in sports law in India, Black n’ White Journal. Available at: https://bnwjournal.com/2021/11/13/proposed-reforms-in-sports-law-in-india/ (Accessed: 21 January 2025).
[27] Pandey, K. (2024) Is India ignoring its athletes’ mental health?, CodeBlue. Available at: https://codeblue.galencentre.org/2024/07/is-india-ignoring-its-athletes-mental-health/ (Accessed: 21 January 2025).
[28] Choulet , B.. (2023) Protecting athletes’ right to mental health treatment, Psychology Today. Available at: https://www.psychologytoday.com/gb/blog/sports-and-performance-psychiatry/202312/protecting-athlete-rights-to-mental-health-treatment (Accessed: 21 January 2025).
[29] Jain, A. and Deshmukh, I.D. (2023) In review: Sports governance and dispute resolution in India, Lexology. Available at: https://www.lexology.com/library/detail.aspx?g=37ea2e4e-17b4-4b92-9bc7-e853aa765ef1 (Accessed: 21 January 2025).
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