INTRODUCTION
Sport is a social institution and social behaviour based on strategy and skill. It involves risk and enthusiasm to win among a lot of competitors. India has an exciting history of sports. Many sports like Kabaddi and Chess have originated in India and other foreign sports like cricket, Badminton, Football, etc. also get overwhelming support in India. India is gaining recognition in sports whether it is in respect to indoor or outdoor games.[1] However, in recent years corruption and match-fixing have cast a dark shadow on Indian sports. The nation is fighting with the stealthy influence of this illegal side of sports threatening the integrity of Indian sports.
Cricket is the most followed sport in India and has become the centre for corruption and match-fixing. This darker side of cricket can be traced to various scandals that came to light since the 90s. The evil of match-fixing and corruption take over the zeal to win when the intention of the player is merely to earn profit rather than winning. But it is not just cricket where the menace of match-fixing has planted its roots but in other sports also breaking the trust of fans in India.[2]Sports like hockey, football, and kabaddi have witnessed the evil of corruption and match-fixing in India.
UNDERSTANDING MATCH-FIXING AND CORRUPTION
Match-fixing in sports is a secretly conducted activity. It is the manipulation of the match by fixing the outcome of the sporting event by players, officials, and staff of the event. A match is fixed with the intention of gaining profit, betting, and other such motives. Match-fixing undermines the main principle of any sport that it should be played with respect of the skills, strategy, and risk-taking qualities of the players and maintaining the sportsman spirit.
Corruption not only includes match-fixing but other illicit activities like bribery, fraud, embezzlement, etc. Players, coaches, officials, and stakeholders can be involved in corruption activities that manifest in match-fixing, nepotism, doping scandals, etc. Corruption in sports is a broader spectrum of illicit activities. India has witnessed such activities in sports like cricket, football, kabaddi, etc. Preventive legal measures are necessary to deal with the corruption in Indian Sports.
LEGAL FRAMEWORK FOR MATCH-FIXING AND CORRUPTION IN INDIA:
India has no specific law for match-fixing and corruption in sports. However, the blend of some existing laws can be invoked to address the issue of match-fixing and corruption in Indian Sports. The Indian Penal Code addresses the issue by invoking the section related to cheating, criminal conspiracy, etc. Section 415 of the IPC deals with cheating and section 420 of the IPC deals with cheating and dishonestly inducing delivering of property resulting in the imprisonment of up to 7 years or a fine or both. Section 120B of the IPC deals with criminal conspiracy which can be used against individuals engaging in match-fixing and corruption, punishable by imprisonment of a maximum of six months or a fine or both. The individuals engaged in doping activities are subject to the National Anti-Doping Agency which is responsible for implementing anti-doping regulations in India.
Match-fixing and Corruption are also regulated by other sporting agencies like BCCI and AIFF which have their own rules for maintaining the integrity of sports like cricket and football in India. BCCI has established an Anti-Corruption Unit that works to prevent corruption in cricket by conducting educational programs, investigations, etc. It has a whistleblower policy to encourage individuals to report corrupt activities without fear and hesitation. It also has an Anti-Corruption Code applicable to participants of BCCI-organized events. It collabs with law enforcing bodies like CBI to address corruption and match-fixing cases. Likewise, AIFF has the Anti-Corruption Code and Whistleblower Policy to address the match-fixing and corruption issues. AIFF has a Code of ethics that outlines the obligations and responsibilities of players, coaches, officials, stakeholders, etc.
RELATED CASES
One of the most famous match-fixing scandals was the 2000s Match-fixing Scandal in which famous cricketers like Hansie Cronje (captain of the South African Cricket Team),Mohammad Azharuddin (Former Captain of the Indian Cricket Team), Ajay Jadeja were found guilty of fixing the ODI matches between South Africa and India and were banned for playing cricket by BCCI[3]. This scandal sent shockwaves to the cricketing world. Another shocking scandal in Indian cricket was the 2013 Indian Premier League (IPL) Spot-Fixing Scandal in which three players of the Rajasthan Royals team, S Sreesanth, Ajit Chandila, and Ankeet Chavan were arrested for spot-fixing during the match.
In 2022,the CBI alleged that 5 Indian football clubs received a bribe from an international fixer, Wilson Raj Perumal including the Indian Arrows, a club funded by AIFF and Odisha Government.
CHALLENGES
As mentioned earlier, there is no specific law for addressing match-fixing and corruption in India. Even if the player or official is charged under the abovementioned laws, they are released due to lack of evidence. In the 2000 scandal and 2013 Scandal players like Azharuddin, Ajay Jadeja, and Sreesanth have been granted a clean chit due to a lack of evidence and proper laws to address the issue. There is a need to criminalize match-fixing and corruption.[4]Several loopholes like lack of global consistency, challenges in collecting evidence, reliance on whistleblowers, and lack of legal definitions and terminologies, make it difficult to address the issue.
Though match-fixing and corruption in sports are global issues, there is a difference in the legal framework and difference in legal terminologies from one country to another making it challenging to address the problem on an international scale. As match-fixing and corruption are secretive activities, detecting and gathering evidence of these activities can be challenging. Reporting on match-fixing and corruption is based on the information given by whistleblowers. Fear of retaliation and lack of protection for whistleblowers can be the hurdle for whistleblowers to come up with the information.
CONCLUSION
The concerns about match-fixing and corruption have raised the issue of integrity and trustworthiness in Indian Sports. After witnessing various cases mentioned above there is an urge for criminalizing match-fixing and corruption in India. Although there is no law to deal with these issues, India is making efforts to address the issue. The Supreme Court has appointed the Lodha Committee which recommended that match-fixing and corruption must be criminalized.[5]Also, the Law Commission in its report on Gambling and Sports Betting observed that match-fixing and corruption must be made criminal offenses with strict punishments.[6]To tackle this obstacle of match-fixing and corruption and enhancing the integrity and exclusivity of Indian sports, there is a need to not only make legal reform but also make a cultural shift towards ethical and fair behaviour.
Authors Name: Tejas Warkar & Mahi Jaiswal (ILS Law College)
Reference(s):
[1]‘Indian Sports that Made a Global Mark: Did You Know These Games Started in India’, (India Today, 20 September 2016) <https://www.indiatoday.in/education-today/gk-current-affairs/story/indian-sports-342044-2016-09-20> accessed on 27 November 2023
[2]Nishant Gokhale, ‘Fixing the Fixers: The Justification Of Criminal Liability For Match-Fixing’ (2009) 2 NUJS L. Rev. <https://docs.manupatra.in/newsline/articles/Upload/E5E27D5A-9791-402C-BC5C-DE1A54B4C8F3.pdf> accessed on 27 November 2023
[3]Bhishan Sengupta, ‘Explained: Sanjeev Chawla, Cronje& 2000 Match-Fixing Scandal’, (The Quint, 16 February 2020)<https://www.thequint.com/sports/cricket/explainer-sanjeev-chawla-and-the-2000-match-fixing-involving-cronje> accessed on 27 November 2023
[4]Rases Mandani, ‘India’s Fixing Fight Lacks Teeth With No Stringent Law to Punish Culprits’, (Hindustan Times, 19 November 2019) <https://www.hindustantimes.com/cricket/india-s-fixing-fight-lacks-teeth-with-no-stringent-law-to-punish-culprits/story-A3BIpMGZBnp5ZngKZ9btoL.html> accessed on 27 November 2023
[5] Rases Mandani, ‘India’s Fixing Fight Lacks Teeth With No Stringent Law to Punish Culprits’, (Hindustan Times, 19 November 2019) <https://www.hindustantimes.com/cricket/india-s-fixing-fight-lacks-teeth-with-no-stringent-law-to-punish-culprits/story-A3BIpMGZBnp5ZngKZ9btoL.html> accessed on 27 November 2023
[6]Law Commission, Legal Framework: Gambling and Sports Betting Including In Cricket In India(Law Com No 276, 2018)
