Ministry of Youth Affairs and Sports has advised all
National Sports Federations (NSFs) to consider that :
(i) an effective, transparent and fair
grievance redressal system and mechanism is provided by each NSF in its
constitution/bye-laws for expeditious
settlement of any disputes arising between the sports persons and/or
support personnel and its various committees constituted for any special task;
and
(ii) a
specific provision is made by each NSF in its constitution/bye-laws to the effect that any sports person and/or
support personnel aggrieved by any decision or action of an International
Sports Association/ Federation imposing any penalty or
punishment by way of disciplinary action or otherwise may raise that dispute
before the Court of Arbitration for Sports (CAS) and/or the International Council of
Arbitration for Sports (ICAS) either
by himself/herself or through the NSF concerned.
Background
The Government of India has been, from time to time, taking
various steps and initiatives to promote good governance practices in the
management of sports at the national level. These
are based on the Basic Universal Principles of Good Governance of Olympic and
Sports Movement and do not interfere with the autonomy of National Sports
Bodies, in discharging their functions and duties in accordance with the
International Olympic Committee Charter. The
Ministry of Youth Affairs and Sports recognizes one sports federation at the
national level for each sports being played in the country.
The NSFs are, in turn, responsible for promotion of the sports concerned and
for participation of sportspersons playing these sports in international and
national events. The Government supplements the efforts of
these recognized National Sports Federations (NSFs) by providing them necessary financial assistance and various
infrastructural and other facilities. However, the
Government does not interfere with the internal functioning of these NSFs, duly
recognizing their character, which owe their origin in their registration as
societies, associations or companies, etc., under the
relevant laws. These NSFs are expected to carry out,
as per their own constitutions/bye-laws,
their day-to-day activities and
functions of promoting the sports concerned and safeguarding the interests of
sports persons and other support staff including coaches, referees, etc., involved in these sports. The
Government, however, has laid down certain guidelines which the recognized NSFs
have to observe and follow for securing recognition by the Government as NSFs. For their convenience, these guidelines have all been
codified in the National Sports Development Code of India (NSCI) 2011, which has been effective from 31st January,
2011.
One
of the important guidelines contained in the said NSCI lays special emphasis on
the provision of an effective system and mechanism in the constitutions/bye-laws of the NSFs for expeditious
redressal of the grievances of the sportspersons and others involved in the
sports concerned. Despite such specific emphasis on
the above aspect in the NSCI, disputes often arise between the sportspersons
and the managing committees, organizational committees, selection committees,
etc., of NSFs, where the affected persons feel aggrieved
and often approach the Hon'ble High Courts seeking redressal of their
grievances. In almost all such cases, the experience
has shown that this Ministry is also unnecessarily made a party and impleaded
as a respondent, though this Ministry has hardly any role to play in the
settlement of such disputes which are basically internal matters of the NSFs
concerned.
Apart
from the above, instances have also come to the notice of this Ministry where
certain sports persons/coaches and others participating in
international events, organized by the international controlling bodies of
those sports, have been unjustly penalized or subjected to harsh disciplinary
proceedings for trifling faults on their part. In
such cases, it has been found that no mechanism has been provided in the
constitutions of the NSFs for taking of these matters either by the affected
sportspersons or NSFs concerned to the Court of Arbitration for Sports (CAS), and/or the
International Council of Arbitration for Sports (ICAS) both situated at Lausanne, Switzerland, and which are the
highest bodies at the international level to resolve sports-related
disputes through arbitration and mediation. An
examination of the constitution of the CAS and ICAS shows that these bodies
entertain disputes only if the federations, associations or other sports
related bodies, at the national and international levels, make specific
provisions in their regulations for referring such matters to them or agree to
such reference by specific agreement.
One
such incident of an Indian sports person being harshly penalized by an
International Sports Association took place recently attracting nation-wide attention and which was even taken to the Hon'ble Delhi
High Court by way of Writ Petition (C) No.8730 of 2014 (Rajiv Dutta Vs.
Union of India and Ors.), as that matter could not
be taken to the CAS for want of necessary provision in the constitution of the
NSF concerned. While disposing of the said writ
petition, the Hon'ble Delhi High Court, by its order dated 15th January,
2016, directed this Ministry to consider the prayer of the petitioner that it
is essential to ensure incorporation of a specific provision by the NSFs in
their constitutions/bye-laws for
dispute settlement of such matters by the CAS/ICAS.
Having
considered the matter in its entirety, Department of Sports has issued the
above mentioned advise to all NSFs.
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