Interview with Prof. Dr. Amaresh Kumar
Dr. Kumar, could you tell us a little about your professional journey leading into your current position? What has brought about your interest in sports law?
My engineer father wanted me to study Engineering. But, after my intermediate studies, I ran away from home to take admission in India’s premier Institute of Physical Education - Lakshmibai National College of Physical Education, at Gwalior. I had a passion for Sports from my childhood. I played Football in school and college. My coach used to train us for about 4 hours a day during the summer and our sessions continued right through the rainy season. I used to practice about 3 hours in the morning and 3 hours in the evening before and after my school and college hours. At Lakshmibai National College we used to run 5 to 10 kms twice a week and do 10,000 rope skipping.
After completing my Graduation and Post Graduation in Physical Education I joined as a Research Assistant in my alma mater after a gap of one year, working as a Physical Education Teacher in Apeejay Public School, at Faridabad and Rabbani Bahi School, Gwalior. On these jobs, I used to work for more than 14 to 16 hours a day, doing research in Physical Education, Health Education and Sports Medicines. I published more than 36 Research and Scientific papers during my three years of service as a Research Assistant. During my tenure, I had to deal with a certain amount of red-tapism and professional frustration.
Aggrieved with the setbacks in my service at my alma mater, I filed a Writ Petition for claiming the benefits of equal pay for equal work in 1988 under Article 226 of the Constitution. I won several rounds of litigations in the High Court of Judicature at Madhya Pradesh and three innings at the Supreme Court of India. I utilised this trying time to study law and completed my law graduation during 1989 – 1992. I started doing research in law with my pleading lawyer Mr. Arun Kumar Mishra (now elevated as Chief Justice of Rajasthan High Court). In order to feed my family, I used to work as a typist and court clerk with my Lawyer as mercifully Mr Mishra had not been asking any fee to conduct my case.
In 1995 when I was first terminated by the Sports Authority of India, which abolished the post of Research Assistant , Mr Mishra suggested I get myself registered in the Bar Council and asked me to prepare my Writ challenging the illegal termination. When the Writ was prepared, he did not argue the matter and asked me to argue the case before the court in person as he sat by my side. I prepared a lot two days prior to the hearing in front of the mirror and with the help of a tape recorder. On the very first hearing the Court was pleased to stay the operation of the impugned termination order. It is then that I started researching about Sports Law.
At that time, I also had the opportunity to interact with Late Mr. R. K. Jain who also helped me in the conduct of my case in the Supreme Court. During all these periods, since I had a long working experience as Research Assistant in Sports, I thought I would work in a new field and started working in Sports Law. In these pursuits Late Mr. R. K. Jain and Mr. Manoj Goel encouraged me to take a lead in Sports Law. The first meeting of the organisation Sports Law India was organised on 28 August, 2000 in the Indian Habitat Centre, at New Delhi. The Sports Law & Welfare Association of India was constituted with Late Mr. R. K. Jain as its Patron and Mr. Prahalad Singh Patel as its first President.
What were your motivating factors in beginning the Sports Law & Welfare Association of India (SLAWIN)? What activities does the organisation undertake?
I was appearing in a case between the Madhya Pradesh Triathlon Association and the Indian Triathlon Association at the Gwalior Civil Court. There were disputes for the office bearers of the Indian Triathlon Federation. Mr. K. V. Sharma was contesting against Mr. Ramachandran, who used to be the owner of India Cements. There were more than fifteen Civil Suits and Writ Petitions filed by the aids of the opposing parties. But the real sufferers were the athletes as due to the conflicting disputes of the office bearers the International Triathlon Union had disallowed the participation of Indian Triathletes. I was appearing for Madhya Pradesh Triathlon Association, but being a Sports Person and Professor of Physical Education myself I could not bear the political fighting between the non-athletes at the cost of the athletes. Anyhow, I advised my client Madhya Pradesh Triathlon Association to prefer a Transfer Petition in the Supreme Court praying that there is an Arbitration provision in the constitution of the Indian Olympic Association in settlement of the disputes in terms of Rule XIX of the Indian Olympic Association charter, so that the athlete shall not suffer in the long litigations being battled by the office bearers of the Sports Organisation. Hon’ble Mr. Justice K. Ramaswamy and Mr. Justice G. B. Pattanaik passed the order directing the president of the Indian Olympic Association to constitute an Arbitration Board and dispose all the cases pending before the various courts in India. This case sensitised me to the need for a body having at its core the welfare of athletes through implementation of the law, which is a powerful tool.
Given your experience as a sports lawyer, how do you think the field has changed over the past decade?
It is to my surprise that the Statute of the Court of Arbitration for Sports was officially ratified by the International Olympic Committee on the occasion of its 86th Session in New Delhi, in 1983. Unfortunately the same is not being implemented in India either by the Indian Olympic Association or by the Judiciary in settling the Sports Disputes amongst the Sports Bodies. As a matter of the Paris Agreement, any disputes related to the Sports have to be settled under the provisions of the Court of Arbitration for Sports as per the Statutes of Court of Arbitration for Sports under the provision of Rule – 59 of the International Olympic Charter. This agreement was signed by all the members’ countries in Paris.
As a Sports Lawyer I have had a number of forgettable experiences in India. The Lawyers and litigants are often not inclined to settle the disputes but would rather they linger on for their own benefits to the disadvantage of the athletes, thus impairing the development of sports in the country.
Over the past decade the scenario of Sports Law and Sports Courts have undergone a tremendous change around the globe. The Indian Olympic Association has only recently constituted an, “Indian Court for Sports Arbitration” after 28 years of the 86th Meeting of IOC in Delhi.
There are Laws for all Professional Associations in India, like Bar Council of India for Advocates, Medical Council of India for Doctors, All India Council for Technical Education for Engineers and Technologies, Dental Council of India, Nursing Council of India and Architect etc. But there is no law for Sports in India, only the Guide Lines has been framed by the Government. I believe it is timely for the Government to constitute the All India Council of Sports Act, to control and regulate sports in India. Similarly the management of Indian Sports should be controlled by an Indian Sports Services by selecting the Graduates and Post Graduates of Physical Education and Sports Sciences through Union Public Services Commission. These selected persons shall be trained in Sports Administration, Sports Management, Sports Industries and International and National Sports Laws, before posting them as Assistant Director in Sports Authority of India or Department of Sports in various States and Union Ministries of Youth Affairs & Sports.
I had attended the 2nd Workshop of the Court of Arbitration for Sports organised jointly by FIFA and the Swiss Bar Association in Lausanne, Switzerland. There, I found two hundred and ten Sports Lawyers from around the world. They all were either Physical Education Teachers or Olympians turned to Sports Lawyers. Similarly, while attending the 16th World Congress of Sports Law at Seoul, South Korea, there were 25 Chinese Sports Lawyers in attendance. To my surprise, all of them were Physical Education and Sports Teachers in Colleges, Universities and Schools and then turned to Sports Law. With Physical Education and Sports qualifications for high level Sports Participation, like Olympic or International Sports, you can experience the requirement of Sports Persons and Sports disputes.
So professionalism in Sports Law and Sports Attorney is must. And the Government should enact the comprehensive Indian Sports Act. This shall include the development of all the 24 duties assigned to it by the Indian Parliament. The constitution of an Indian Sports Services to manage sports and sports bodies is also a priority.
Can you please describe some of the interesting legal issues you have encountered or been involved with in the course of your career?
In the past year I have handled several matters in various High Courts and the Supreme Court settling the disputes. I spoke earlier about the case relating to the Triathlon Federation of India. In 1996, as a junior to Mr. R. K. Jain, in a pleading in the matter, I submitted before the Supreme Court that "under the provisions of the Constitution of the Indian Olympic Association there is an Arbitration clause in such disputes by IOA, so that the Sportsmen and Sports shall not suffer". Agreeing the provisions of the IOA the Supreme Court directed the IOA to appoint an Arbitrator in the matter and settle the disputes. Thus in compliance of the direction of the judgment of the Supreme Court, the long battle of two groups of TFI had been resolved and the sports show of The TFI is in smooth sail.
Similarly, very recently, in the matter of Lt. Gen. Ashok Vasudeva v. Indian Kayaking and Canoeing Association the High Court had dismissed the Civil Suit of Lt. Gen. Vasudeva contesting his Secretary General Post that the dispute has to be settled by the Court of Arbitration for Sports.
Like it or not, the infiltration of law in sports is on a permanent growth curve and the, "modern sports administrator" has to rely heavily on legal advice, in the manner the sports disputes are to be settled as per the mandate of the Olympic Charter and Court of Arbitration for Sports. "Sports Law" is a growth industry in many parts of the world. Solicitors, Attorneys and Lawyers in other countries like America, Canada, and Australia and New Zealand are playing prominent roles in the growth of, "Sports Law" in their respective legal systems.
Are any cases or transactions that you've been involved in particularly memorable?
The cases have been mentioned above. However, it was my opportunity to submit the draft of Indian Court of Arbitration for Sports to the Indian Olympic Association on the request of its Secretary General, Dr. Randhir Singh that is particularly memorable.
Finally Dr. Kumar, would you have any advice for young lawyers who aspire to pursue a career path such as your own?
The only advice to the young and aspiring Sports Lawyers, that they should be honest in their pursuits for the benefits of the Athletes who should always be the ultimate beneficiaries of their professional endeavours.
I would also advise young lawyers to follow their gut instinct and not be too impacted by criticism, which is a dime a dozen. Work hard and never think of the results. People will follow you if you have done well. Whatever happens in your life may appear bad at the time but will have hidden good in the long run, if you think positively.
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