THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR YOUTH AFFAIRS AND SPORTS (SHRI AJAY MAKEN)
(a) to (c) The need for bringing National Sports Federations (NSFs) including BCCI under
ambit of Right to Information Act, (RTI) 2005 has been voiced from to time to time.
Accordingly, Government in April, 2010 declared all the NSFs receiving grant of Rs.10.00 lakhs
or more as Public Authority under Section 2(h) of the RTI, 2005. There are major court rulings
for treating the National Sports Federation as a public authority, especially in view of the
state-like functions discharged by them, such as selection of the national team and control
and regulation of sports in the country, which also make them amenable to the writ
jurisdiction of High Courts under Article 226 of the Constitution of India Notwithstanding
the above, the Government has proposed to bring all the National Sports Federations
including BCCI under the RTI Act in the proposed National Sports Development Bill, with the
provision of exclusion clause, protecting personal/confidential information relating to athletes.
(d) In order to bring transparency and accountability in the functioning of the
national sports bodies including BCCI, Government has formulated a regulatory framework with
the objective of promoting good governance among sports bodies. The Draft of the National
Sports Bill has been placed in the public domain for pre-legislative stakeholders consultations,
the salient features of which are as under :
(i) Central Government support for development and promotion of sports including financial &
other support for preparation of National teams, athletes’ welfare measures and promoting ethical
practices in sports including elimination of doping practices, fraud in age and sexual harassment
in sports, Rights and obligations of the Indian Olympic Association and National Sports
Federations (including adoption of basic universal principles of good governance and
professional management of sports).
(ii) Participation of athletes in the management/decision making of the concerned NSF and
the Indian Olympic Association through the Athletes Advisory Council.
(iii) Duties and responsibilities of the Sports Authority of India and the Government of India,
which have been clearly defined.
(iv) Mechanism for sports dispute settlement and establishment of a Dispute Settlement and
Appellate Tribunal.
(v) Greater autonomy to National Sports Federations and dilution of control of Government
over the National Sports Federations.
(vi) Bring National Sports Federations under Right to Information Act, 2005 with certain
exclusion clauses for protecting personal/confidential information relating to athletes.
(vii) Specific provision has been inserted in the anti-doping clause to exclude the administering
by the National Anti Doping Agency of those provisions of the World Anti Doping Agency Code to
which the International Federation of the Sport is not subject.
(viii) A duty has been enjoined upon the coaches, guardians and other support personnel to
prevent unethical practices in sports such as doping and fraud of age.
Specific provisions have also been made to ensure that National Sports Federation, the National
Olympic Committee, the Sports Authority of India adopt or undertake measures not only to prohibit
sexual harassment at workplace for sports but also provide appropriate conditions for women
in respect of work, leisure, health and hygiene. Other measures have been provided for setting
up a complaint mechanism for redressal of complaints with a committee headed by a woman, or a
special counselor, whilst adhering to the principle of confidentiality.
In addition, this Ministry has suggested modifications in the Ministry of Women and Child
Development’s proposed Notes for the Cabinet to further pursue the enactment of the Protection
of Women against Sexual Harassment at Workplace Bill, 2010, that athlete be included as an
employee since it covers a large segment of persons, and sports field as workplace for effective
protection against sexual harassment on or of sports field.
