Podcast on Sports activities Legislation with Mr. Nandan Kamath – Legislation College Coverage Evaluation

Saksham: Whats up and welcome to this podcast with LSPR. Right now we’ve with us Mr. Nandan Kamath. Mr. Nandan Kamath is broadly thought to be India’s main sports activities lawyer and is a trailblazer within the area of sports activities regulation and coverage. As a managing trustee of the GoSports Basis, he has performed a pivotal function in empowering Indian athletes and providing them holistic assist techniques as a path to success. A Rhodes Scholar and alumnus of NLSIU Bangalore, the College of Oxford, and Harvard Legislation College, Mr. Kamath has constructed an illustrious profession on the intersection of sports activities regulation and coverage. His work encompasses contract negotiation, mental property points in sports activities, athlete administration, and constructing frameworks for sports activities governance and integrity. His contributions have helped set up a strong basis for sports activities regulation in India. By way of this podcast, Mr. Kamath brings a wealth of insights drawn from many years of advocacy, mentorship, and coverage innovation geared toward fostering India’s sporting ecosystem.

Bhavya: Hello, sir. My first query to you is: there are a lot of gifted sportspersons in India, and numerous them typically go unrecognised resulting from numerous monetary obstacles that they face, which restrict their sports activities participation and development incentives. So primarily based in your expertise with the GoSports Basis’s function in athlete growth, how precisely do you suppose authorized and coverage framework can guarantee a sustained funding for these athletes, particularly those that are very underprivileged? Additionally, ought to India implement structured insurance policies like a compulsory CSR contribution or government-backed sports activities scholarships to bridge this hole?

Nandan Kamath: Thanks for that query, Bhavya. When it comes to expertise and expertise assembly alternatives, I do really feel like coverage has a really sturdy function. Sportspeople clearly must be supported by a authorized and regulatory construction to verify there’s a stage taking part in area and equity. However even essentially the most seemingly apparent stage taking part in area isn’t actually that stage for unequal beginning factors. That’s the place I really feel coverage actually has to know the notion that expertise can land anyplace within the nation. It doesn’t search for a specific socioeconomic standing and even area. Now we have unbelievable quantities of expertise on this nation and we’re solely opening our eyes to it within the final decade or so. Though it’s all the time been there, there hasn’t been sufficient coverage framework and useful resource allocation to seek out after which put money into the expertise that deserves it.
Coverage is to make use of the varied devices of the state to realize a sure aim and goal. It’s not nearly what the federal government does, however includes a a lot wider scope of exercise. The federal government in some sense can play a number of completely different roles. Fairly often, we count on the federal government to be not solely the planner, but additionally the implementer of all coverage, however sturdy coverage will take a look at a number of completely different gamers. It might be the federal government; on the planet of sport, it’s nationwide sports activities federations and the varied completely different sports activities organisations throughout the nation. However coverage frameworks must also encapsulate the function of the market in constructing a sports activities enterprise sector, in addition to civil society organisations, and social ventures, actually bringing collectively the 4 completely different stakeholders – authorities, federations, companies, and the social sector. I believe by doing this, coverage framework can transfer ahead to not solely construct theoretical stage taking part in fields, however real stage taking part in fields, that are capable of finding the proper expertise and make it possible for there’s equitable allocation of assets for individuals to progress in sport.

You speak about CSR coverage; I believe there are a number of completely different instruments to get corporates concerned, it might be CSR, it might be taxation. For instance, proper now to even get sports activities teaching, there’s an 18% GST, though something to do with sports activities and well being ideally shouldn’t be taxed at these ranges. A number of levers can play a task in making sport extra accessible, like constructing extra manufacturing hubs and making gear extra accessible, or teaching being extra accessible geographically. I don’t suppose forcing firms to provide their CSR to sport is a long-run sustainable strategy. It may work within the brief time period. On the finish of the day, we want a system that’s correctly incentivized for every actor to play their very own function. I do suppose authorized frameworks have a restricted function, however coverage frameworks actually have a a lot bigger function in planning, allocation, and strategizing, taking over a whole-of-nation strategy by planning nationally, however implementing domestically and permitting innovation and customization to occur at native ranges.

Saksham: So that you talked about that coverage frameworks ought to have extra of an impression than authorized frameworks, proper? You’re employed with the GoSports Basis, and your work there’s extra in the direction of the coverage facet, so may you inform us extra about what you do with the GoSports Basis?

Nandan Kamath: So, I work in a number of completely different organisations. One is the GoSports Basis, and that’s totally programmatic work, like establishing scholarship programmes for athletes who’re aspiring to get to the Olympics and Paralympics, elevating charitable contributions, typically CSR, typically different donations, and utilizing that in the direction of athlete coaching, development, buy of kit, and to get entry to specialists. I additionally run my regulation follow, LawNK, the place we do contract negotiation and drafting, and assist athletes, groups, leagues, federations, and all kinds of stakeholders. That, I might say, is extra within the enterprise of sport and authorized assist to the enterprise of sport. We additionally do a good bit of governance work there, establishing guidelines and governance frameworks significantly for federations and the federal government. And the third organisation I work with known as the Sports activities and Society Accelerator, which works in coverage, advocacy, analysis, and simply serving to the state unlock the total potential of sport with the target not essentially solely of attaining excellence and success, however actually attempting to embed sport into the nationwide tradition of our nation and growing the charges of sports activities participation and bodily exercise within the broader inhabitants.

Arya: In the case of the elements that affect how athletes carry out, there are numerous structural points that go behind this. And one in all these is certainly dispute decision. In Chapter 18 of Boundary Lab, you talk about how procedural unfairness and violations of pure justice can forestall a substantive examination of what the precise difficulty at hand is. This problem of making certain neutrality extends past sports activities governance to different domains, together with judicial appointments in India. Now, provided that CAS arbitrators are appointed by ICAS members who may need relationships with sport governing our bodies themselves, is the neutrality of arbitrators compromised? Do you continue to consider that India wants an identical unbiased regulatory framework for sports activities adjudication or are disputes greatest left to common courts?

Nandan Kamath: It’s a giant query, and my e book Boundary Lab, revealed final yr, explores precisely this. It exhibits how the principles and governance of sport mirror broader societal points. We will study these points in sport in a extra impartial approach. However the true query is: is there any true neutrality? Are we chasing one thing unattainable—somebody actually impartial? Each one in all us has completely different pursuits—social, business, political, and private.
After we speak about neutrality in adjudication, we’re asking for decision-makers who don’t carry exterior issues right into a dispute, however stick with the information and apply the regulation. The truth is that all of us view information and legal guidelines by completely different lenses. The realist motion additionally highlights how decision-makers are influenced by their very own incentives. In sport, the ecosystem is small, with just some thousand individuals working international sport. You need disputes resolved by specialists, however specialists even have their very own pursuits. Most of the attorneys in sports activities federations have ties to sure organizations, and a few even function arbitrators. This mirrors the federal government’s function within the courts, the place the state is a serious participant, and in sport, federations are the strongest stakeholders.
ICAS (Worldwide Council of Arbitration for Sport) was created to distance arbitrators from their pursuits. It requires members to take an oath of independence. However does signing an oath actually guarantee independence? It does make you take into account it when choosing arbitrators. CAS (Courtroom of Arbitration for Sport) beforehand had a direct appointment system, however after backlash from high-profile choices that favoured federations over athletes, a brand new system was launched.
The large query is: can we strip away all private {and professional} pursuits when making choices, or ought to we settle for that folks all the time have completely different social, financial, and political pursuits? As an alternative of striving for absolute neutrality, perhaps we should always construction techniques that account for these biases whereas nonetheless aiming for equity. Within the pursuit of perfection, we would lose invaluable experience and information of how sports activities techniques work. It’s about balancing equity with sensible expertise.
These issues additionally apply to judicial appointments. Sport governance gives a laboratory for experimenting with these points, and the outcomes may supply insights into broader judicial techniques. In India, there’s a scorching debate concerning the independence of sports activities tribunals. The draft sports activities invoice proposes creating unbiased tribunals to resolve sports activities disputes, as a whole bunch of instances involving nationwide and state sports activities federations are at present in courts. The sports activities motion feels courts aren’t the perfect place for these disputes, however the judiciary has stepped in due to the shortage of accountability between sports activities our bodies and the federal government.
The judiciary has performed a reluctant but essential function in sports activities governance, typically resulting in lengthy delays and uncertainty for federations. In some unspecified time in the future, the main focus must shift again to the athletes and the competitors. For too lengthy, directors and the judiciary have dominated. Whether or not creating unbiased sports activities tribunals will clear up this difficulty is unclear, however the present system is way from supreme. If directors spent extra time on the event of the game and supporting athletes, it may make a major distinction.
As for the sports activities invoice and the Nationwide Sports activities Tribunal it proposes, it’s nonetheless an open query whether or not it can carry significant reform or just shift the issue from the courts to a brand new tribunal, which may additionally turn out to be overwhelmed with instances. We haven’t seen a lot success with different tribunals, so it stays to be seen whether or not this new strategy will work in sports activities.

Shauryaveer: Sir, given these considerations about equity and autonomy in sports activities governance, particularly in arbitration, an identical concern arises within the business sphere. How can athletes in India shield their rights and guarantee honest compensation when getting into model endorsement offers and sponsorship contracts, significantly when it comes to negotiating phrases associated to exclusivity, efficiency incentives, and long run use of their picture?

Nandan Kamath: That’s an important query as a result of it comes up typically. Athletes are in a really ambiguous place. They’re not workers and even formal contractors generally. They’re extra like freelancers, transferring from one engagement to a different. Athletes typically start their business journeys early, typically earlier than they’re of authorized contracting age.
The ecosystem doesn’t all the time assist athletes’ coaching holistically, so sponsorships and endorsements typically fill funding gaps. The temptation is to deal with instant monetary achieve, however the true danger lies in buying and selling present business worth for future freedoms. After we work with younger athletes and their dad and mom, we advise them on balancing short-term assist with long-term rights.
There are a number of elements to think about—contract size, exclusivity clauses, business freedom, and operational freedom. Athletes must be cautious not to surrender an excessive amount of in pursuit of short-term advantages. Good attorneys, significantly these conversant in the enterprise of sport, can information younger athletes by these complexities. As athletes attain a sure stage, negotiations turn out to be simpler as a result of they achieve important leverage, typically with competitors from a number of sponsors. However the problem comes when there are few sponsors and lots of athletes competing for consideration. In such instances, athletes might must seize alternatives shortly, akin to proper earlier than the Olympics or one other main occasion. The temptation is to deal with the cash—how a lot am I getting? However we frequently see athletes signing contracts with out totally reviewing them. In these instances, we assist terminate or renegotiate unfavourable contracts to safe higher phrases. This difficulty highlights the significance of authorized literacy for athletes. Basic consciousness of contract phrases is usually low. We work with numerous organizations, together with the BCCI, to coach younger athletes—particularly these on the Beneath 19 crew—on the authorized elements of contracts.

Shauryaveer: So that you talked about you’re employed with BCCI Beneath 19 groups. In an setting just like the IPL the place contract intervals are often three years, prime gamers who ought to have excessive costs in response to their market worth within the public sale are typically performed at a base worth in response to the worth at which they have been first purchased within the unique public sale as a result of their groups simply retained them. How can the rights of gamers be represented in such a situation?

Nandan Kamath: The IPL system doesn’t give a lot room for gamers or brokers to take part, not like U.S. leagues just like the NFL or European soccer, the place brokers play important roles, significantly throughout transfers or when a free agent negotiates a contract. The IPL has a closed, structured public sale and retention system. One factor it does effectively is supply bonuses as soon as a participant progresses past the game. For instance, an uncapped participant who makes their debut for India robotically strikes into a unique class.
Whereas the public sale system isn’t excellent, it’s an inexpensive try to check the market worth. Retention permits gamers to evaluate their worth and commerce some certainty—staying with a specific crew for a set worth—for the uncertainty of the public sale, the place the value may drop or they might find yourself with a crew they don’t wish to play for.
What will get misplaced on this system is that gamers have little or no autonomy, aside from throughout retentions, to decide on which crew they play for or which combos they’ll be part of. That is price contemplating as a result of these are people constructing careers. Forcing gamers to play for groups they is probably not pleased with doesn’t all the time appear proper.
There’s additionally the query of whether or not the IPL ought to transfer to a draft system like U.S. leagues. The draft system helps preserve aggressive steadiness by giving the last-place crew the primary choose, the second-last crew the second choose, and so forth. It’s a chance to steadiness groups.
One other difficulty with the IPL is that followers lose observe of which gamers are with which groups. Followers are actually extra more likely to comply with particular person gamers than groups due to the shortage of consistency. This inconsistency additionally impacts the business worth of the league, impacting broadcast rights and sponsorships. Sponsors like long-term partnerships, like those seen with the Olympics, the place some sponsors have been concerned for 100 years. When there’s consistency in groups and gamers, sponsor worth will increase. Proper now, just a few gamers have stayed with the identical crew because the begin of the IPL. Many have performed for a number of groups, that means sponsors typically must utterly change their technique each few years and comply with a participant to a brand new crew.

Saksham: You spoke a couple of lack of alternative that we see within the IPL as a result of gamers are being auctioned. While you point out American Leagues just like the NBA, proper now there was an enormous famous person commerce the place one participant moved to the Los Angeles Lakers. Even in such trades, the gamers don’t actually have a alternative of the place they’re going, so how does this work out legally? That is one thing that has all the time fascinated me.

Nandan Kamath: All of it comes all the way down to the principles of every league. There’s historic context to this, particularly with the reserve clauses in U.S. leagues, the place groups had the flexibility to switch gamers with out their consent, and the impression of that on restraint of commerce. It’s a protracted historical past. I don’t suppose anybody has examined the legality of forcing a participant to play for a particular crew but. Proper now, everyone seems to be content material with the business worth being unlocked. However as sports activities and their business ecosystems mature, points like this can begin to emerge. The problem can be how one can steadiness the autonomy of gamers with the business fashions of various leagues.
Proper now, we nonetheless have a number of superstars, but when the ecosystem shifts to simply two or three superstars in a broader context, the steadiness may change. For instance, in European soccer, gamers have extra autonomy, particularly relating to transfers. It’s very troublesome to switch a soccer participant with out their consent. In different leagues, the system might lean extra in favour of the groups. It’s actually a mixture of the business maturity of the league, the ability of some gamers versus protecting a number of gamers of equal prominence, and the dimensions of the market. Cricket, for instance, comes from a market with simply 10 or 11 international locations offering gamers. In distinction, soccer has a a lot wider ecosystem with a number of leagues competing for a similar worldwide expertise.

Bhavya: Whereas we’re discussing the vulnerabilities that an athlete truly faces, there’s one other complexity within the setup of the context of sports activities classifications. So at present there’s an ongoing debate between utilizing gender identification versus the physiological elements as the premise for competitors classes. So given the authorized and the moral views that you’ve got mentioned in your e book, within the chapter on gender, is there a chance of really discovering an answer that’s truly honest, and what are the challenges in designing such a system?

Nandan Kamath: There’s a protracted historical past to this. Within the first fashionable Olympics, no girls participated. By the second Olympics, a couple of girls competed in some disciplines. Girls’s sports activities have typically been added into males’s sports activities moderately than being developed alongside them. This inclusion has been extra about accommodating than an preliminary alternative for gender equality.
In some sports activities, women and men play the identical sport. For instance, equestrian occasions and a few crusing disciplines have each female and male athletes. Nevertheless, we haven’t totally explored this concept, and there could also be different sports activities the place gender doesn’t have an effect on the end result. As an example, in 10-meter air rifle taking pictures, research present that ladies typically obtain greater scores than males. Equally, in open water swimming, girls’s physiology can typically give them an edge, main to higher instances than males.
We’re additionally residing in a time the place individuals are transitioning between genders, and others are born with situations that don’t match neatly into the binary of male or feminine. The problem for sport is that the majority disciplines, particularly on the Olympic stage, are divided by gender. This sharp binary classification is uncommon in different areas of life. With a binary system, you want a transparent distinction, however the query turns into: the place ought to that edge lie, and might athletes transfer from one class to a different? For instance, somebody born male however transitioning to feminine may retain some male bodily traits after transitioning, like broader shoulders or a stronger higher physique. These may supply benefits in some sports activities, elevating questions on equity within the feminine class.
One other difficulty is athletes with Variations in Sexual Improvement (DSD), akin to Caster Semenya, who might have each female and male organic traits or atypical chromosomal constructions. Sport has struggled to handle these complexities. Initially, the IOC tried a testosterone-based mannequin to categorise athletes, however they discovered that it didn’t work universally. Each sport is completely different, and the benefits that male athletes have in lots of sports activities could be very completely different from different sports activities. One of many chapters my e book covers is on Chess – you may ask do feminine gamers want separate competitors (the way in which Chess is structured is that there’s open competitors and there’s feminine competitors; most occasions aren’t Male and Feminine aside from the Male Olympiad and the Feminine Olympiad, many occasions are Open whereas additionally having a separate Feminine Grand Grasp classification and Feminine competitors). So, the query turns into – why would a sport like chess must be gender-classified, if the dialogue is of bodily power and the variations in physiological growth? However the attention-grabbing research that come up point out that it’s truly not nearly physiology, it’s additionally concerning the sociology – the kinds of messaging that come by, how younger boys and younger women are introduced up to consider themselves and one another. Research have proven that when girls participant compete towards girls, they play higher than once they suppose they’re taking part in towards males. That is referred to as the Stereotype Menace – fairly often feminine chess gamers purchase into the stereotypes which can be round them, and their efficiency drops in some ways. The gender binary isn’t just physiological, it’s far more important than that; there aren’t any simple solutions to this, just because equity is a matter of the place you sit on this subject. If I’ve a younger daughter taking part in a sport, I might be vehemently towards males transitioning into their class. If I’ve a son transitioning from male to feminine and desirous to proceed taking part in within the sport, and really feel included within the gender they’ve chosen, I might vehemently argue in favour of inclusion. I wouldn’t suppose there’s a proper reply right here – it’s a battle between completely different ideas of equity (relying in your positionality and scenario). In the long term, sports activities maybe could also be differentiated by these initially born male, and everybody else. So maybe we’ve to re-classify how we take into consideration sport – so that everybody born initially male matches into one class, and everybody else matches into the opposite (whether or not they have transitioned or are initially feminine). I believe there’s going to be some motion round this. I might additionally wish to see extra sports activities or at the very least occasions inside a number of the sports activities degendered – the place the science is examined extra deeply and there are social initiatives to steadiness out the Stereotype Menace (to make it possible for the place there aren’t any physiological benefits, the social variations don’t impede the extent taking part in area). It’s a really advanced subject and there aren’t any proper solutions. I believe we’re going to must be led by each Science and Sociology & Anthropology on discovering higher solutions. The truth is that sports activities is the place this difficulty is essentially the most alive – just because it must be alive given the binary – and it’s a superb alternative for anybody who’s learning gender, could be very keen to know the varied complexities of the science, but additionally the variations in efficiency (significantly sporting efficiency), and what meaning to the bigger debate round gender and intercourse, and the distinction between the 2, and the way at a broader social stage we’re going to cope with the various ambiguities generated from an idea of equity, from an idea of inclusion, but additionally a a lot wider notion of how we combine other ways of residing into a typical society (similar to we’ve to combine them into a typical sporting system).

Arya: Within the social context, we’ve had numerous debates about gender and sports activities. One other up and coming area that we’ve additionally been debating lots about is know-how. With the rise of E-sports and the gamification of conventional sports activities, we’ve had new regulatory challenges which have come up, from participant contracts in digital leagues to digital rights and privateness. How do you envision India’s authorized framework evolving to handle these rising applied sciences? Notably, what are the brand new and distinctive governance challenges and the way may we shield athletes rights in more and more digitised world?

Nandan Kamath: There are numerous questions right here, and one of many huge points is the authorized framework round E-sports {and professional} gaming. Till just lately, E-sports was categorized alongside common gaming, however it has now formally been acknowledged as a sport by the Sports activities Ministry, as an alternative of the Electronics Ministry. Whereas it is a optimistic step, there’s nonetheless no sturdy governance framework for E-sports or the digitalization of different sports activities. Many athletes as we speak aren’t solely collaborating in bodily sports activities but additionally in digital codecs. Consequently, the security of athletes now extends past the taking part in area to digital security, which is a serious concern. Points like trolling and harassment are important, and privateness and protected sport should even be addressed within the digital area.
E-sports, nevertheless, has distinctive challenges that require extra consideration. Its governance is extra difficult as a result of it includes non-public publishers, who personal the mental property (IP) for lots of the video games performed. These publishers arrange massive tournaments, which differs from most conventional sports activities, the place platforms like venues or playgrounds are usually public area. This non-public involvement introduces new governance and integrity points. As an example, E-sports has confronted important issues with dishonest, together with gamers utilizing hacks or gaining preferential entry to video games. It’s difficult to make sure honest play when the writer controls the sport, as they embed 90% of the principles straight within the sport code. This raises questions on equity, particularly if there’s differential entry to the sport. For instance, would a Russian crew obtain a unique model of the sport than an Indian crew? We must be extra alert to those potentialities of intervention and intently study how sport platforms have an effect on the integrity of competitors. Moreover, new types of doping are rising in E-sports. Not like bodily sports activities the place power and endurance are key, success in E-sports is determined by consideration, focus, and response instances. New performance-enhancing substances are actually a part of the WADA code. It’s essential to watch how gamers try to spice up their efficiency in methods which can be inappropriate. The rise of digital and digital elements in sport brings up a complete vary of points, making it an thrilling space for younger attorneys, significantly these within the intersection of know-how, regulation, and sport.

Saksham: Thanks, Sir. I’ve two questions associated to this. First, as you talked about, the principles are primarily set by the code within the sport itself. So what precisely is the function of the governing physique on this case?

Nandan Kamath: The governing physique’s function would primarily contain regulating competitors, resolving disputes, and making certain integrity. They would want to examine if everybody is working inside the similar aggressive construction and guarantee equity. Moreover, they assist set up the business framework for leagues, making certain that the enterprise facet is separate from the sport writer’s pursuits. Basically, they create a layer of neutrality and governance over what is actually a sport managed by the code.

Saksham: So that they act extra as a regulator than anything?

Nandan Kamath: Sure, that’s appropriate. Normally, sports activities governing our bodies are regulators and overseers, not operators of the sport itself. In conventional sports activities, the governing physique doesn’t affect the design of a basketball court docket or cricket stadium; they simply make sure the constructions meet sure requirements, like the scale of the bottom or pitch. Whereas native choices may have an effect on the specifics, the final guidelines are set by the governing physique. Within the case of E-sports, although, the sport already exists, and governing our bodies are coming in to construct regulatory frameworks round it. Basically, in conventional sports activities, the governing physique units guidelines primarily based on pure elements, just like the size of a pitch, whereas in E-sports, the principles are primarily based on code and a constructed digital world.

Saksham: I perceive. While you talked about dishonest and doping earlier, it jogged my memory of one thing I learn this morning—the brand new age fraud invoice. Figuring out that you just’ve performed by numerous ranges of cricket in India, I’m certain you will need to have come throughout some instances of this. In the event you’ve learn the invoice, do you suppose it adequately addresses this difficulty?

Nandan Kamath: This is likely one of the most intricate and pervasive points in our nation, and is extra widespread than most individuals think about. I’ve performed state-level cricket at numerous ranges—from U-13 to U-19—and I’ve seen it firsthand. There have been gamers who mustn’t have been taking part in, as they have been effectively over the age required. And many individuals we take into account legends of the game have altered their ages to turn out to be eligible. Folks typically see this simply as a problem affecting the competitors at that exact occasion. However the unseen consequence is the gamers who by no means get an opportunity to compete as a result of another person has taken their spot. It creates a low-trust ecosystem. It’s not simply the athletes concerned; coaches and fogeys are additionally collaborating on this. This units a foul moral basis early on. If a 12 or 13-year-old understands they should cheat to even start their journey, think about what ethics they’ll carry with them all through their careers.
The true difficulty right here is with the shortage of a structured start registration system, which is effectively outdoors the realm of sport. In India, not each start is even registered, and even when they’re, the system is flawed. Start registration may be finished as much as 7 years after start with an affidavit, which opens the door for manipulation. You’ll be able to simply discover notaries who will backdate paperwork and log off on them. When the system has gaps like this, it permits for individuals to use them. And this isn’t only a sports activities difficulty; it impacts different sectors too. There have been studies of senior officers within the armed forces and even judges allegedly altering their ages to retain seniority or prolong their tenures. It’s not simply confined to sports activities.
Sport, nevertheless, is the place this difficulty is most seen as a result of competitions are age-restricted. Whereas guidelines may be set, we have to deal with this difficulty on a number of ranges. Deterrence is vital, however it gained’t work if we don’t have a strong system in place. The present system depends closely on whistleblowers, which isn’t enough. As an example, the draft invoice proposes that whistleblowers should pay ₹5,000 to file a criticism. That places the burden on people moderately than constructing an efficient system. We have to begin registering gamers from their first touchpoint with a sport, whether or not it’s a cricket academy or a soccer academy. There must be an ID that sticks with them over time. However even at younger ages, individuals change their birthdates, so this isn’t a straightforward downside to resolve. Age fraud is on the root of numerous different points, like our nation’s excessive anti-doping violation fee. When belief is damaged inside the system, individuals are extra inclined to achieve unfair benefits. It feeds the idea that the system is unfair and makes age fraud look like a vital solution to progress within the sport.
This downside isn’t broadly acknowledged publicly, however there must be a public outcry. Sports activities are a public area, and when individuals defraud sports activities, they deprive deserving people of alternatives. Integrity is the core of sport. With out addressing points like age fraud, any funding or assist schemes will solely have restricted impression. We want a stronger stance on integrity if we wish to restore equity in sport.

Saksham: I totally agree with you. I personally performed state stage soccer until the Beneath 19 stage, so I’ve seen this myself. Such as you stated, if a baby begins at a membership, there have to be an ID system. Age fraud begins from the establishments themselves as a result of they wish to additional the gamers that they suppose are good. I’ve seen this myself first hand, so I totally agree with you on this. I’ll simply transfer on to our final query. Sir, if I if I keep in mind appropriately, that is the 25 yr anniversary of your commencement from Nationwide Legislation College. So your journey from a sports activities fanatic and from a budding sportsperson to turning into one in all India’s pioneering sports activities attorneys is especially inspiring for lot of scholars akin to myself who might have needed to turn out to be sportspersons and now are within the area of regulation. As sports activities regulation continues to emerge as a definite follow space in India, what particular competencies, each authorized and past that, would you recommend that aspiring sports activities attorneys ought to develop? And in addition what crucial gaps within the present educational {and professional} panorama ought to they possible be ready to navigate?

Nandan Kamath: This can be a query I consider actually because I truly didn’t examine sports activities regulation. I studied sports activities as a sportsperson, so my expertise as a sportsperson, together with my sturdy curiosity in regulation, drove me to check sports activities regulation. I used to be very lucky to be at Nationwide Legislation College, and I additionally received the possibility to check overseas and strengthen my authorized base.
For anybody desirous to be a sports activities lawyer, I believe the primary requirement is to carry the very best authorized abilities and attributes to the sector of play. The second is to immerse your self within the ecosystem of sport and never restrict your self by the label of being a lawyer. I’d say immersion, understanding the varied stakeholders and their views—whether or not it’s an athlete, a mother or father, a coach, a federation, or a sponsor—is vital. Understanding their challenges and the lay of the land is vital. In the event you say, “I’m solely a lawyer and I’m not going to take a look at the commerce of sport, I’m not going to take a look at the governance of sport, I’ll simply keep in my lane and cope with disputes or contracts,” I believe you’ll stay a restricted life. You’ll actually add worth, however I consider there are outsized values to be created and extra impression available in the event you’re prepared to go searching you and perceive the politics of sport, the enterprise of sport, and the way the globalization of sport is impacting the world, particularly India’s function in it. The altering tides of how India can be perceived by the world, and the way sport is India for progress and progress, are vital to think about.
Holding a wider perspective is important, as is constructing alternate abilities. I hold saying that the sports activities lawyer of tomorrow isn’t the identical because the sports activities lawyer of as we speak. Certainly one of your questions was about e-sports; I don’t suppose the common lawyer as we speak understands coding or AI. If you wish to be a forward-thinking specialist, you’ll want to know the fields driving these industries, significantly AI, VR, and the way coding works, as a result of a lot of our gaming will turn out to be sport, and far of our sport will turn out to be gaming. The digitalization of sports activities would require not simply your authorized experience, but additionally the information of a technologist—understanding how code impacts the route of sport.
So, I’d say understanding know-how, not simply coding but additionally {hardware} and different elements, is essential for younger individuals to remain forward of the sport. Sport will prepared the ground in technologization. Understanding the medical elements of sport, doping, and the methods unfair benefits can manifest can also be essential. For instance, there are limitations in our authorized system relating to turning into a patent agent, as most individuals don’t examine science. However somebody in patent regulation wants to know the science. Equally, as a sports activities lawyer, understanding the intricacies of the ecosystem and going one step additional to understand minor particulars because it develops will put you forward of many others who deal with it as a facet follow or one in all 5 – 6 issues they do.
I believe we’re getting into an period of sharper specialization. To seek out your personal area of interest, chances are you’ll must experiment a bit, however there can be many sharp areas the place you can also make your mark. So, keep genuine, turn out to be a top-class lawyer, but additionally immerse your self in understanding how the sports activities ecosystem works, what the completely different stakeholders are considering, what their pursuits are, and, most significantly, how one can steadiness these pursuits in a a lot bigger ecosystem. If one factor strikes, how does one other factor get affected? Pondering wider, however appearing domestically, whereas considering globally, maybe encapsulates that.

Saksham: Thanks a lot, Sir. As we conclude our dialog with Mr. Kamath as we speak, it’s clear, as he talked about, that the intersection of sports activities, regulation, and coverage will proceed to evolve considerably. All of the challenges we mentioned as we speak spotlight the significance of considerate authorized frameworks in constructing India’s sporting ecosystem. As we progress towards turning into a sporting powerhouse and work in the direction of our goal of internet hosting the Olympics sooner or later, the authorized and coverage improvements championed by visionaries like Mr. Kamath can be important in creating an setting the place athletes can thrive and authorities constructions preserve integrity. Thanks, Sir, for sharing invaluable insights with us as we speak and in your dedication to reworking India’s sporting panorama. It was an honour to have you ever with us, and as somebody who has dreamt of turning into knowledgeable footballer for many of his life and is now in regulation faculty, this dialog has not solely been entertaining but additionally inspiring. Thanks very a lot for being right here as we speak. Arya, would you wish to say one thing?

Arya: Thanks a lot, Sir. I believe the questions that we requested you within the podcast as we speak have been ones that every one of us – me, Bhavya, and Shauryaveer, and Saksham, have been serious about for a extremely very long time. To have the ability to get insights on this stuff by studying your e book, which I actually loved, in addition to from you and truly listening to you, inform us your ideas on these matters was a extremely enriching expertise for all of us. Thanks a lot.

Nandan Kamath: Thanks all a lot, and good luck in your journeys as effectively.