Written by Ida Patricia
A. Introduction: Governing Entities
Sports have evolved further from our previous understanding. There has been a significant increase in the number of sports professionals and countries have consistently recognized sports to be an integral part of their ecosystem. Apart from sports being a recreational activity and aiding in the improvement of health, it plays a crucial role in the overall development of nations by fostering international relationships, acting as a bridge between nations, promoting national unity, driving job creation, and boosting tourism leading to a more connected world. [1] While the promotion of sports is economically and politically beneficial it also instils interpersonal skills such as teamwork and discipline. [2] While being elated about the pros, there arises a need to address the cons as increased developments need effective regulation.
The present mode of governance in India includes both autonomous and government entities such as:
Ministry of Youth Affairs and Sports (MYAS)
Indian Olympic Association (IOA) and State Olympic Association
Sports Authority of India (SAI)
National Sports Federation (NSF) & State Sports Association & District Sports Association
These are the guiding bodies for sports governance in India. The responsibility of MYAS, SAI, and the State (government bodies) is to provide infrastructure and to assist financially. [3] MYAS is the highest in the political landscape which is headed by the cabinet minister appointed for sports. [4] SAI serves as the backbone of the ministry aiding in different ways by providing the platform to train, offering coaching, and providing infrastructure. [5] The Sports Authority of each state falls below it and is responsible for the above at the State level by promoting sports at the grassroots. The responsibility of the IOA and SOA (autonomous bodies) is to promote sports by assisting the respective sportsmen to represent their state or nation at events and tournaments across the country or the globe. [6] The IOA has been responsible for sending athletes to participate in Asian Games, South-Asian Games, Commonwealth and Olympics. NSF and SOA are affiliated to IOA.[7]
NSFs are autonomous (non-governmental) bodies where each sport has a Sports Federation at the national level that has to be recognized by the Government of India. Currently, 56 NSFs have been recognized. [8] The State Sports Association and District Sports Association fall below the NSFs. The State Sports Association is affiliated with the IOA.[9] They are responsible for the identification of talent, promoting and organizing tournaments for different age groups, organizing coaching camps and training the talents. For a non-Olympic sport, it is not associated with NSF rather it is recognized by its respective International Federation. One such enduring classic is the Board of Control for Cricket in India (BCCI) which is affiliated with the International Cricket Council (ICC). [10] Selection for the national team is done by the respective National Federation for the Sport. [11]
These bodies receive subsidies in taxes and financial aid from the government. [12] They are majorly headed by ex-politicians or their relatives and other imminent professional who have proven to be exceptional in their field of sport.
B. Issues In Sports Governance
The rapid growth of sports and its commercialization has brought forth exceptional benefits as well as complex challenges that have to be dealt with. There have been constant issues of administration inefficiencies and corruption that hinder the potent development of sports in our country. The flawed governance has led to deficient support for athletes and a sharp decline in the standard of performance. Ethical management is important to achieve further progress in the area of sports.
There are major issues arise from bodies such as the NSFs, the State Sports Association, and the District Sports Association. There are multiple associations at the state level, district level and multiple federations at the National level and they remain unrecognized, is because these bodies do not have uniform legislation or rules governing the election for different positions, and no criteria are given for the term limits. [13] They work according to their whims and fancies creating their own rules. The majority of these associations/federations operate without being affiliated with their respective governing authorities. [14] This oversight has hindered the athletes who are aiming to participate at different levels of tournaments as only recognized bodies can organize authorized tournaments through which athletes can obtain valid certificates. There have been multiple instances where these Unaffiliated sports associations and federations have exploited this gap by conducting illegitimate competitions in the name of district, state, and national-level tournaments. They have for instance come up with fees for athletes and certificates meaning making athletes financially exploited and psychologically charged. Unfortunately, this practice has been going on for years due to the opacity of the functioning of these organizations, and unfair and corrupt practices within these organizations.
In multitudes, there is no infrastructure which is not good. No proper National structure from the grassroots level at the national level. [15] This restricts talent search and ends up being a disadvantageous thing for the country to happen. Inefficient administration in the overall process is dangerous for the athlete and detrimental to the growth of the sports system. This paper therefore seeks to address the following gaps to promote equity in sports.
C. Comparison to Various Countries:
Germany and Australia are good examples of how sports governance can be functioning at its best. The DOSB in Germany is responsible for making sure that the activities happening under its jurisdiction are accountable,[16] while Australia looks at integrity and the ASC at inclusiveness. [17] India must accept its democratic policies and address the issue of ethics in governance which would greatly enhance our country’s representation and credibility in sporting activities. Two other countries, Canada and New Zealand, provide additional understanding of collaborative governance. Canada adopts other stakeholders in implementing its policy on Canadian Sports Policy with ethical standards and inclusiveness. [18] In New Zealand, there is an emphasis on the community and the well-being of athletes. [19] India could benefit from developing cooperation between different sports organizations in the interest of improving the exchange of resources and collective projects to support sports. The Norwegian system is more decentralized and there is provision for the involvement of the locals. [20] For India, this means that the policy needs to be more transparent and accountable, more inclusive, and it needs to invest more in grassroots-level programs. Learning from these countries, India has a chance to build proper governance of sports which will be beneficial for athletes and sports fans.
There are other countries like Germany, Australia, Canada, New Zealand and Norway which have a properly developed system to govern sports, and we can emulate it. These nations give us the best example of how democracy, ethical principles and cooperation can help to develop very well a brilliant sports culture.[21] We do have a real chance to make a change to the way we handle sports and recreation and make it more open and equal as a society so that each voice is heard, and each athlete gets their chance. It is much more important to focus on grassroots because that is where future athletes are made.[22] This way we can have a positive link between the sports organizations and the community and provide the necessary support for our athletes. So, if we follow these successful models, India has the potential to develop a sports system which is more encouraging for the sports performers and encourages sports culture in the country. Only when we are committed, and we are all striving for this; only then can we change it and make our athletes better.
D. Adopting International Best Practices:
India can draw many beneficial experiences from the good practices of other nations, but the best practices from these nations must be transplanted into the Indian system which has a distinct cultural, political and socio-economic reality. India can leverage this opportunity to develop a well-suited and appropriate sports governance structure that has borrowed from the best sports governance systems across the developed world but is designed in India for India. Among the areas that should be given special attention, are the following: The laws and policies being followed in countries like Australia, the UK and Canada can be used to learn from while developing a good National Sports Act or Code in India. This would offer a central and coordinated structure to harmonize the framework of different sports associations’ functions and processes all over the country. Also, India can borrow policies and standards of sports governance such as the International Olympic Committee's Basic Universal Principles of Good Governance to provide a set of ethical and accountability frameworks. Based on the institutional structures India can benefit from the decentralized community-based system of sports development as witnessed in Norway and New Zealand. This would mean devolving more responsibilities to the state and local level in terms of sports administration, and sports facilities and equipment procurement but with complete integration with the central government. Besides, India may adopt the idea of self-governing bodies as in the case of German and Canadian models to promote the principles of undertaking and accountability in sports.
Sports governance reform must always involve the athlete as a central figure in the process. India can mimic the prioritization of athlete well-being, gender balance and inclusion that the sports governance structures of developed countries. It would also include crafting wide-ranging policies that would make use of recommendations regarding the athletes as components focusing on aspects such as mental health care, nutrition, professional transition, and post-career physical recovery. India can also follow the new-generation development models along with support structures provided in countries like Australia and the United Kingdom.
Finally, the overall adoption of technology and data methods can greatly improve the efficiency of sports governance in India. The country can learn from strategies used by other countries like the United States the and United Kingdom in data management and digital transformation sports tech. These might entail the creation of centralized cloud-based sporting management tools or technologies such as big data and ‘smart,’ AI-driven talent scouts, trainers, and performance analysts, to name but a few examples in addition to other digital tools for enhanced communication and fan relations.
It is high time for India to focus on developing a strong sports governance structure that would help the country in achieving its sports vision – something that can be best achieved if the country adopts the best practices from the international standards while taking into consideration the Indian context. Besides, this will help empower athletes to develop more sports cultures in India and it will boost India’s competence and recognition on the global stage in terms of sports. However, there is a need to note that no single approach would work in all organizations. India needs to critically analyze and adopt only the appropriate and suitable structural changes which are relevant to the Indian socio-cultural context and development goals.
E. Suggestions:
Consequently, a sports regulatory body is required to systematize, coordinate, and monitor the process of sports governance in India. [23] To curb this body, it is important to have laws like the National Sports Development Code (NSDC), 2011. This has been under immense pressure from the existing federation, loosely associated sports bodies, and politically aligned individuals who participate in the operation of these organizations.[24] There have also been certain technical difficulties in the implementation of NSDC as our country lacks a weak regulatory framework making it difficult to bring forth a unified governance framework. The code has to be implemented by addressing certain grassroots issues to make sure no gap is being exploited.
A distinct election body has to be set up to limit the malpractice while electing members to posts as there has been increased political influence within these bodies. [25] A sports tribunal has to be set up to address the sports-relevant friction promptly and effectively since the judicial system has been overburdened by numerous cases. It will ensure financial and administrative transparency which will also result in curbing corruption.
To ensure transparency in all bodies, e-governance and RTI have to be strictly adhered to. Streamlining data of associations and other bodies in the electronic format involving diverse aspects of the function of these entities ensures clarity and smooth governance. The parameters for the RTI had been initiated by the MYAS faced severe opposition from the BCCI.[26] NSDC and rules and regulations to be laid should bear cooperation among bodies such as NSFs, SAI, and IOA.
It is important to bring in sports personnel as administrators as they will understand the essence of sports integrity and work toward growth rather than involving politically influential who prioritize their gains over the development of sports.[27] Ensuring that ex-sportsmen hold the post results in sufficient representation which the bodies currently lack. The post holders are mainly people who have no experience and cannot handle the issues arising resulting in failure of governance.
It is a well-known fact that India ranks 1st in Doping. Though there are cases where athletes have doped to have their performance enhanced, there also have been cases where there has not been enough guidance to the athletes by coaches and supporting staff whom the athletes from humble backgrounds solely rely on.[28] Athletes have been found positive for doping by consuming substances that are prohibited without knowing so. It is important to educate and impart knowledge and inform the athletes of the consequences.
Though there have been multiple cases of athletes being scammed by unrecognized associations and federations, there has been no instance of the government taking uncompromising actions against such bodies nor reparations being provided to the individuals. The government should educate the athletes about recognized associations and federations for their respective games and make sure they understand the same. It is also imperative they know the financial aid that the government provides to utilize them to the best.
F. Conclusion:
Sports has evolved significantly and has been an integral part of our country. Though the growth of sports has been consistently going upward certain administrative barriers impede the growth of sports. It is important to address these barriers at the right time. For this, the government must intervene, monitor and oversee the functioning of different bodies and personnel associated with the governance of sports. The functioning model of the present associations and federations has grappled and it is high time that is turned around. Change has to be brought forth in all multitudes of state and national levels including districts or block levels. These changes are imperative for our country to be on par with the other countries.
*The Author is a legal Scholar from Jindal Global Law School, India
(The Image used here is for representative purposes only)
References:
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Schooltimesindia. (2021, August 1). 56 National Sports Federations in India are Recognised by the Govt of India - School Times India. School Times India.
Diksha Garewal Das. (2020). Sports organisations and governance in India. International Journal of Science and Research (IJSR), ISSN: 2319-7064.
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Hartmann-Tews, I. (2018). Germany: A long way to gender equity and equality in sport governance. In Gender diversity in European sport governance (pp. 83-93). Routledge.
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Documents:
Functioning of Sports Association -
Official website of National Sports Federation of India - https://nsfoi.com/about/
Functioning of Sports Federation/Councils/Associations -
List Of Recognised National Sports Federations For The Year 2020-2021 - https://yas.nic.in/sports/list-of-recognised-national-sports-federations-for-the-year-2020-2021?page=1
Sports Governance in India - https://ilearncana.com/details/Sports-Governance-in-India/4328
The Official Website Of International Non-Olympic Committee - https://www.non-olympic.org/nfs.html#:~:text=National%20Sports%20Federation%20Members%20are,Sports%20Events%20as%20their%20standard.
Ministry of Youth Affairs and Sports - https://yas.gov.in/
Scheme to assist the NSFs -
https://yas.nic.in/sites/default/files/RevisedNSF%20Scheme_1.pdf
Guidelines for office bearers of NSFs -
https://eparlib.nic.in/bitstream/123456789/624117/1/125027.pdf
UK’s code for sports governance -
https://www.uksport.gov.uk/resources/a-code-for-sports-governance
Candian Sports Governance Code -
https://nso.olympic.ca/wp-content/uploads/2021/10/Canadian_Sports_Governance_Code.pdf
Australian Sports governance standards -
Gallant Sports & Infra - https://gallantsports.in/how-to-start-a-sports-club-in-india
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