Opinion The bill that wasn’t

The Sports Bill itself has a variety of omissions and limitations. It is a work in progress,but extremely limited in its scope. For all intents and purposes,it deals primarily with regulating and structuring the National Sports Federations (NSFs),without really delving into how sports overall and the business of sports can be benefited. An important and valid concern is that key stakeholders have been left out from a decision-making perspective,as well as from a future role in developing and creating the business of sports. Sports as a lucrative industry and sporting excellence go hand in hand. The sports industry requires private-sector investment,and also professional management to ensure its growth and development. By omitting the private sector in the Sports Bill,the burden then lies with the state. There is an unfavourable climate vis-a-vis direct or indirect government involvement in sports — the Commonwealth Games is a prime example. To presumably bring the management of sports directly or indirectly under the ambit of the sports ministry,the Sports Authority of India (SAI) and the NSFs,isn’t necessarily a convincing step forward. Especially since professional management isn’t the public sector’s strong suit.

A sticking point for the Sports Bill has been with respect to bringing de facto NSFs such as the BCCI under the Right to Information Act’s (RTI) umbrella. The BCCI is one of the most powerful and self-sufficient sports bodies/ entities in the world. It is also one of the most heavily scrutinised. Bringing the BCCI under the RTI might be plausible when it comes to profit-making,or conflicts of interest-related queries. However,given an unlimited licence to question each aspect of the NSF’s activities and authority,it’s more than likely that the RTI will become a national referendum on team-selection processes involving the public. The risk of frivolity is extreme,and could actually inhibit any professional progress made by those federations who actually intend to promote and develop their respective sports.

The Sports Bill is limited in its ability to regulate the BCCI,the sport of cricket or other self-sufficient sports NSFs. This is a huge obstacle,especially in the context of non-Olympic sports and their governing bodies. If a de facto NSF such as the BCCI chose to no longer align itself with the sports ministry and/ or the Indian Olympic Association (IOA) due to the stringent regulations or onerous burdens that NSF accreditation placed on it,then the erstwhile NSF could conceivably ask the global sports federation to recognise it,independent of whether or not the entity was a recognised NSF. The global sports body will likely have the authority to choose its member federations as it sees fit. So,if tomorrow an Indian sports body opts out of being an NSF per se,the chances are that it could continue to be a recognised entity from the global sports body’s perspective. Assuming the sport is non-Olympic,it will be outside the umbrella of the Sports Bill altogether. This is a risky proposition — and a dangerous trend as other federations may then also follow suit,especially those with leverage and surplus funds. It will be a serious setback for proponents of accountability in the domestic sports domain.

The sports industry globally has been given somewhat of an exception when it comes to how it is managed. Barring illegal and nefarious activities,most countries support their leagues and teams by abstaining from decision-making,and actually carve out legislation that grants the leagues and sports associations more freedom and autonomy when it comes to management and regulation. While one cannot speculate on whether or not the Indian sports landscape is similar to its international cousins,the fact is that historical international precedents would greatly strengthen the sports ministry’s case. Unfortunately,there are none that immediately come to mind. And this is an aspect that will repeatedly challenge the implementation of any blanket legislation in India — even one with the best intentions.

The author is a sports attorney
express@expressindia.com