 "Desh Gaurav Sekhri")
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)
Leader, Sports Law Practice, J Sagar Associates
(The author leads the sports law practice at J Sagar Associates. Views are personal)
