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Law in Sports
Draft National Governance Bill 2024: New provisions and proposed changes
From allowing normal citizens to contest NSF elections to setting up a tribunal for athletes' grievances, the Draft National Sports Governance Bill has some radical changes.
Sports Ministry has invited comments/suggestions of the general public and the stakeholders, as part of the pre-legislative consultation process for the new Draft National Sports Governance Bill, 2024.
The bill aims to provide for the development and promotion of sports, welfare measures for sportspersons, and ethical practices in sports through good governance practices.
Here are the important changes proposed in the bill that can improve the governance in the country:
- Sports Regulatory Board of India: The bill proposes the establishment of the Sports Regulatory Board of India, which will act as the central regulatory authority responsible for granting recognition to National Sports Federations (NSFs) and ensuring compliance with governance, financial, and ethical standards. It will have flexibility and autonomy in regulating the governance of sports in the country. No fixed formula is provided for how NSF will be recognised.
- Normal citizens can contest in NSF elections: One of the revolutionary measures of the bill is allowing normal citizens to contest for leadership positions with the usual terms and conditions. The bill also prescribes a governance structure in alignment with international policies and keeping in view the national interest. NSFs to ensure that all constituent units follow good governance practices as prescribed. The recognized bodies will be governed on the lines of the Olympic Charter, Paralympic Charter, and Regulations established by concerned International Federations.
- Appellate Sports Tribunal to avoid court cases: The never-ending drama of athletes dragging federations to court before a major international event is one of the salient features of Indian sports. The bill proposes an end to it by establishing a dedicated Appellate Sports Tribunal that will handle all sports-related disputes in India, reducing reliance on civil courts and ensuring faster resolution of grievances. It will reduce the multiplicity of court cases will have a single window system and will provide faster, cheaper, and easier resolution of disputes.
- Accountability and Transparency: In another major move, the bill proposes to subject the NOC, NPC, and NSFs to the Right to Information (RTI) Act (with specific exclusions for performance and medical data). The move will mean that the federations can't hide behind the curtain of their exclusivity and will have to answer if the other stakeholders in the ecosystem ask a question.
- Mandatory Ethical and Governance Standards: The bill introduces mandatory provisions for ethical governance in sports federations, with the establishment of Ethics Commissions and Dispute Resolution Commissions at the NOC, NPC, and NSF levels. These measures ensure adherence to integrity, transparency, and fairness in administration and decision-making processes.
- Athletes Commissions: This bill mandates the formation of Athletes Commissions in NOC, NPC, and all NSFs, ensuring that athletes are represented and have a platform to raise concerns, participate in decision-making, and contribute to policy formulation. This athlete-centered approach enhances India's standing in international forums and makes the country more athlete-friendly for global events. Provision of additional funding to the Athlete Commissions by the Government.
- Safe Sports Policy: A "Safe Sport Policy" is introduced, focusing on the protection of athletes, especially minors and women, from harassment and abuse and strict adherence to the Protection of Women from Sexual Harassment Act (POSH) Act, 2013. This is a critical step toward creating a safe environment for sportspersons.
- National Sports Promotion Organisations (NSPOs): The Bill establishes guidelines for the recognition and regulation of NSPOs that promote sports governance, athlete support, and development. This strengthens institutional capacities and offers an expanded role for NGOs and private organizations.
- Ad-hoc Normalisation Committees: In case of non-compliance or suspension of sports federations, the Bill allows the Sports Regulatory Board to form ad-hoc normalization committees to administer these bodies temporarily in consultation with international federations, ensuring continuity in sports governance.
- Strict Compliance with Global Anti-Doping and Ethical Standards: The Bill underscores the importance of ethical behavior in sports, with anti-doping measures, stringent compliance with international rules, and strict penalties for violations, positioning India as a clean and fair host for the Olympics. All the bodies have to formulate their Code of Ethics following the IOC Code of Ethics and Law of Land.
Whether the bill will be implemented or not, depends on the legislature, it is a good move to ask for suggestions from the other stakeholders and bring a bill that brings more transparency and accountability to the Indian sporting ecosystem.
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