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In light of the recent recommendations of Supreme Court-appointed R M Lodha committee and the acquittal of cricketers in the spot-fixing case, experts build a case for a strong law to prevent fraud in this field.
Here are the two views.
The Indian Premier League spot-fixing scandal of 2013 shares a feature with most instances of match-fixing and spot-fixing: Its detection wasn't by the body governing the sport.
The 'Black Sox' scandal that hit the 1919 World Series was cracked only after some players confessed before a grand jury. The 'Totonero' scandal, which led to the relegation of the Lazio and AC Milan football clubs from Italy and the suspension of World Cup hero Paolo Rossi, came to light only after a restaurant owner confessed about his involvement in fixing football matches to a law enforcement agency.
In 2000, cricket woke up to its most severe crisis only after the Delhi police stumbled upon telephone conversations involving South African cricketer Hansie Cronje. In 2010, it was a sting operation by the UK-based News of the World that exposed the involvement of three Pakistani cricketers in spot-fixing.
Historically, sports governing bodies have woken up to match-fixing only after its detection by investigative journalists or, more commonly, by law enforcement agencies. This isn't surprising. Match-fixing is difficult to detect without surveillance and powerful interrogations that 'encourage' one or more participants in a conspiracy to spill the beans. The governing bodies have neither the powers nor the capacity for this.
However, what they do have is the ability to administer effective deterrence once charges have been proved after a fair inquiry. They can truncate careers and expunge records. Cricket already has an anti-corruption code that channels this power by defining offences, setting out a procedure for inquiry, and laying out the punishments to be imposed once charges are proved. Though this code might be somewhat outdated for the franchise cricket environment, other governing bodies have a lot to learn from cricket's sophistication.
Governing bodies will need help from law enforcement agencies. That law enforcement agencies in India aren't empowered to provide support became embarrassingly evident recently when the matter of the three Rajasthan Royals players arrested by the Delhi police in 2013 could not even make it to trial. The entire investigation, including the arrests, had been conducted outside any credible legal framework. This should never happen. The fight against fixing needs both sound law enforcement investigation and strict punishment from governing bodies. The government should ensure law enforcement agencies are on firm ground while investigating fixing in sport by making it a crime to fix matches or any passages of play.
Aju John
Sports Law Faculty, myLaw.net
(The author teaches sports law on myLaw.net. Views are personal)
For the reputation and viability of sports in India, it is imperative that the integrity and transparency of sports governance is established and maintained. This will only happen if a central prevention of sporting fraud law (sports fraud law) is enacted at the earliest. Such a law is important to restore credibility and a competent monitoring and punishment mechanism in the absence of a viable alternative.
Currently, the legal system is hampered when it comes to establishing and punishing unethical activity in sports, primarily owing to the dichotomous nature of laws under which erring individuals or entities are prosecuted. The Maharashtra Control of Organised Crime Act is too stringent, the Public Gambling Act of 1867 is both archaic and obsolete, and the Indian Penal Code doesn't adequately cover the situations faced in sports. Also, reliance on individual governing bodies for sports and their anti-corruption codes and units will not sufficiently bridge the gap, given the credibility shortfalls each face in the current environment.
A sports fraud law will clearly demarcate causation and punishment and a tangible cause of action against potential offenders. It will also be a deterrent for potential offenders, as they would now be aware that unethical activity in sports would be tried and punished.
Under the Constitution, 'sports' is a state subject. A central sports fraud law will help ensure consistency across the country in resolving unethical activity in sports. It will also prevent situations in which in the absence of a central law, perpetrators migrate to states where such laws either don't exist or are less stringent, essentially escaping trial and possibly punishment for the acts committed. Recognising this, a special investigation team, in a report, recommended the control of illegal activity in sports - betting - by provisions beyond those at the state level, which act as a deterrent to the concerned lot.
The legislation will help ensure adequate redress of the issues being faced in Indian sports, including in the ongoing Board of Control for Cricket in India-Indian Premier League controversies. It will also help effectively and expeditiously punish or absolve those accused of unethical activity in sports.
Desh Gaurav Sekhri
Leader, Sports Law Practice, J Sagar Associates
(The author leads the sports law practice at J Sagar Associates. Views are personal)
