SANDEEP HEBLE
The Goa Football Association (GFA) has been ill advised. Their suspension Order prima facie appears to be bad in law.
Sports Associations are merely regulatory bodies to perform specific tasks pertaining to their respective games like organising tournaments, coaching camps, workshops, selection of players and teams for National and International tournaments, etc. They cannot violate the constitutional rights and freedoms of athletes.
Article 21 of the Indian Constitution gives every citizen right to life and personal liberty, which are the most fundamental of all rights. As enumerated in various Supreme Court Judgments, liberty includes safeguarding several well recognised rights such as the right to eat or drink, the right to play, perform other physical activities, etc. No person can be deprived of his life or personal liberty except according to procedures established by law, as in the case of say binding contracts. In the present case, there is no binding contract between the GFA and the Footballers and there is no financial remuneration paid to the athletes, which can restrain them on specific terms in consideration for a mutually agreed sum.
The suspension Order also prima face appears to have violated the provisions of the Competition Act, 2002, which stipulate that no authority can use their monopoly status to subvert the rights of others. In the matter of Dhanraj Pillay vs Hockey India, the Competition Commission of India in its Judgment inter alia ruled there should be no penalty on the players for playing unsanctioned events; and there should be no question of having no objection certificate from any tournament organiser for playing in some other tournament.
More recently, when Badminton Association of India tried to impose similar restrictions on its players for participating in an unsanctioned tournament, the Delhi High Court held such prohibitions to be illegal and players were permitted to participate. One of our own Goa Badminton player participated and qualified for the said PNB Metlife Nationals by reaching the Zonal semis.
The suspension order thus appears to be bad in law and can easily be struck down by the High Court, as was done in the recent matter of Sara Foundation vs Badminton Association of India.
For the betterment of the sport and the footballers, the GFA must withdraw the said suspension order.
(The writer is the Hon. Secretary, Goa Badminton Association. Views expressed above are his own).
