The Government has prepared a draft legislation to curb dishonest practices in all sporting events played across the country which will introduce penal provisions other than the Indian Penal Code, which so far was the only course available to deal with spot or match fixing in sports.
Giving details of the draft law, Union law Minister Kapil Sibal on Saturday said, “Any act, signal, or contact that can change the course of the game or outcome of the game will be brought within the definition of dishonest practice.” “This definition would take into account the latest modes of technology used for developing contact and reaching signals.”
“We have attempted a draft which is in the formative stages. Once the final draft is prepared we will request the Sports Ministry to take the opinion of various stakeholders.” This exercise may take some time but the Minister expressed hope that the proposed law will be tabled in Parliament’s Monsoon Session. “Opposition is on board,” Sibal announced. He revealed the open support for the new law received from leader of Opposition Arun Jaitley and IPl Commissioner Rajeev Shukla at their meeting on Friday.
Sibal said that dishonest practices in sports dealing with spot or match fixing will be a comprehensive law that will punish not just players but will include bookies, corporate, and viewers.
Distinguishing dishonest practice in sports from betting or gambling, law Minister quoted from the Attorney General’s opinion backing for a standalone law. He said, “Wagaring which is skill based or luck based is betting or gambling. Dishonest practices like spot or match fixing do not come within the purview of gambling.”
Attorney General GE Vahanvati also gave a thorough reasoning in support of the Centre to enact the law instead of asking states to legislate. Dealing with the contentious enumeration of ‘sports’ listed as Entry 33 under the State list of the Constitution, AG said that the purview of sports as mentioned above related only to regulation of places where sports is to be conducted. This included stadium facilities, law and order and other arrangements.
“Match-fixing or spot-fixing cannot fall within the concept of sports in Entry 33,” AG said while going on to suggest, “I am of the considered opinion that such practice needs to be dealt with in a comprehensive manner.” He was in favour of a fresh law to be more “appropriate” in the present context to deal with unfair practices in sports than amending the Indian Penal Code.
Sibal further clarified and said, “Though we can amend the IPC and include dishonest practices, it would be better to have a standalone law. As Government we have decided to enact a standalone legislation to cover unfair practices in all sports and not just cricket.”
The new law would be broad and comprehensive in its sweep and would be governed by the Criminal Procedure Code. On the quantum of punishment, the Minister said, “It will take us two to three days to finalise the draft before we send it to the Sports Minister. Stakeholders will meet and discuss the final position.”
Even foreign players will not be spared. Sibal said, “As long as they participate in an event held in this country they will be liable under the law.”