Law & Legal Studies

Arguing fundamental rights status to sports in India: A comparative analysis

Sports in INDIA

The present paper has been structured from the constitutional perspective wherein the significance of sports has been recognized with a significantly broader interpretation approach assigning it the status of a fundamental right.

Authors

Subhrajit Chanda, Assistant Lecturer, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Avinash Singh, Assistant Professor, SOA University, Bhubaneshwar, Odisha, India.

Summary

Sports is considered a significant aspect as it helps the children develop their skills and helps them in remaining fit. It reduces stress, enhances mood, and boosts self-confidence.

In addition to these, it also fosters sportsmanship and tries to build team spirit along with cooperation and other leadership skills. India is considered the second most densely inhabited nation in the world.

Sports are considered to play a pivotal role in the nation-building aspect as it acts as a common thread that binds the individuals in the nation together and enhances the feeling of patriotism along with unity.

The present paper has been structured from the constitutional perspective wherein the significance of sports has been recognized with a significantly broader interpretation approach assigning it the status of a fundamental right.

Sports can be accounted for healthy living, and with the pandemic like COVID-19, the indication to maintain a healthy life has emerged as a vital mandate of human life.

Besides, studies have reasonably suggested that there are psychological benefits that are acknowledged by the human mind through active involvement in sports activities. Sports have also been a fascinating field of research as its socio-economic value have been appreciated widely and heavily in the contemporary global order.

Therefore, a legal construction has been made in this regard simplifying the situation of sports which has been disregarded and overlooked frequently. The paper has taken its sources from manifold jurisdictions that give due regard to the sports and hence make a legal background for upcoming jurisprudence to be created for the same manner.

It is also very significant to mention several key parameters on which one should rely while proposing for granting constitutional status to a subject matter.

Hence, it is very likely that for sports to get a status of fundamental rights, it will have to pass the scrutiny of the constitutional philosophies and systems. However, once it attains the needed status, there will be path-breaking socio-psychological transformation registered among the residents of India.

Published in: Y.K. Srivastava & A.P. Singh Rajawat (Eds.) Issues And Challenges in Law Relating to Sports in India – Virtual Book, Taxmann, pp.62-69.

To read the full article, please click here.