Fixing virus in Sports: AG favours independent law in place of IPC amendments; Draft Legislation to be ready in few days: Sibal
By TIOL News Service
NEW DELHI, MAY 26, 2013: WHILE speaking to media persons yesterday, the Law Minister, Mr Kapil Sibal, said that the Centre is in the process of framing a Stand-alone Central legislation to check any activity of dishonest practice, match fixing/ spot fixing in sporting events.
Mr Sibal announced that this process has been initiated as the Attorney General for India (A.G.) has opined that, “ ……. dishonest practices like match fixing / spot fixing are so abhorrent to the concept of sport, that they cannot fall within the concept of ‘sports’ occurring in Entry 33 and as explained by the Supreme Court in the Cricket Association of Bengal case. The power to regulate these activities cannot flow from the term ‘sports’ in Entry 33.” Further, the A.G., Shri Goolam Vahanvati, has also opined that, “As far as Entry 34 of List II is concerned, the same reads ‘betting and gambling’. In my opinion, dishonest practices like match fixing / spot fixing do not come within the purview of the terms ‘ betting and gambling’. Betting and gambling relate to wagering on the result of a sporting event or some events within a sporting event. Depending on whether such wagering is predominantly skill based or luck based, it is termed as betting or gambling respectively. On the other hand, the provisions with regard to control of malpractices would apply irrespective of whether or not betting or gambling is legal. In fact, corruption in sports can exist even if there is no betting or gambling involved. This clearly shows that Entry 34 of List II does not come in the way of a comprehensive legislation on the subject.”
Mr Sibal said that the A.G. has also expressed the opinion that instead of going in for the amendments in the Indian Penal Code (IPC) it would be much better to have a Stand-alone legislation. The Law & Justice Minister said that the basic draft of the proposed legislation will be complete in next few days after which it will be sent to the Sports Ministry for further action and discussion with all the stakeholders. He said that Mr Rajiv Shukla and Mr Arun Jaitley have also expressed the urgent necessity and support for such a Central legislation and he hoped that the legislation will get the support of the Opposition in the Parliament, whenever it is tabled.
Meanwhile, the National Capital hosted a two-day conference of State Sports Ministers, Secretaries of various State Governments, sportspersons, V-Cs of many Universities and others. In his concluding remarks, the Sports Minister, Mr Jitendra Singh, said that there is a need for good governance, cleansing of sports and bringing transparency in the working of Sports Federations. He said, his Ministry is working with the Ministry of Law and Ministry of Home Affairs on how to stop the menace of betting and fixing in sports. The Minister said, as sports is a state subject, the States have to initiate a debate on how to enact laws to stop betting and fixing etc. in sports. He further stressed the need to have uniform sports laws in the country. He assured the States that all necessary guidance and support will be provided by the Centre to the States in making such laws, if they so desire. The States have agreed to the suggestion that the Centre could develop a model sports law for adoption by the States.
The Minister said that for promotion of sports in the country, the ministry is already working towards revamping Panchayat Yuva Krida Aur Khel Abhiyan (PYKKA) in a major way. Central govt. will be playing an active role in providing funds to create sports complexes at identified locations at the block level in various disciplines both indoor and outdoor. Fund to the extent of Rs. 1.75 Crores will be provided for construction of such complexes. This massive effort is estimated to cost about Rs.12,500 Crores, he added.
Mr Singh said that Sports Authority of India (SAI) will set up 25 centres of excellence or COX across the country. Each COX will specialize in 3 to 4 sports disciplines. He requested the State Governments to provide free land and built up sports infrastructure for setting up of new centres of excellence in the states. He said the Government of India will set up two National Institutes - one for sports medicine and the other for sports coaching.
He also declared a new programme of Sports Scholarships under which up to 10 scholarships in different disciplines of sports science and sports medicine will be offered every year. Under the programme, the scholars can go to any reputed institute in the world and all their education and living expenses will be borne by Government of India.
During the conference, a new initiative called “Identification & Nurturing Sports Talent (INSTAL)” was also discussed. Under the proposed Scheme, each district will have a special school meant for young sport persons in the age group of 6-10 years who have shown talent in sports. 100 talented young boys and girls in this age group will be selected through the PYKKA rural competitions. Such selected students will be admitted in the District Level Sports Schools with facilities of boarding, lodging, special diet, sports kit, school fees and other expenses being met by govt. through a stipend. There will be a guaranteed job under the sports quota to such selected students both in the Central Government or the State Government.
DG, NCC made a detailed presentation on the activities of the NCC and requested for greater participation of the State Governments in expanding the reach of NCC.
