CHENNAI: The sports ministry, through an affidavit filed in the Delhi High Court, says that the Draft National Code for Good Governance in Sports 2017 in its current form cannot be implemented. The ministry also says that if implemented, it might invite the wrath of the International Olympic Council (IOC) to such an extent that the world body might even deprive “Indian athletes from competing under India banner and representing India in Tokyo Olympics (...).”
The affidavit was filed by sports secretary Radhey Shyam Julaniya on Friday on the direction of the court.
Julaniya, in an order passed by the Delhi HC two weeks ago, was asked to file an affidavit by December 20 which should also contain a definitive timeline for the implementation of DNCGGS 2017. However, Julaniya said no such timeline can be tabled as it stands. “It is difficult to mention a strict timeline for adopting or modifying the DNCGGS 2017 in this present junction.”
The reasons why the ministry came to that conclusion have been explained in detail over 12 points made in the affidavit. One of them is highly interesting. “The Draft Code 2017 deals only with the regulation and governance of sports organisations,” Julaniya noted in the affidavit.
"It fails to provide for strategies and means to move sports bodies, state governments and private investments towards attaining the twin objectives of spreading the culture of sport and excellence in sports. It provides for a ‘One Size Fit All’ regulation and management of all sports. Different sports are in different stages of development in different areas of the country. Making sports organisations mandatory for each sport at district and state level besides ignoring the fact of existing sports clubs would lead to formation of paper organisations without sport infrastructure or regular sporting events. (...) further, the code does not provide for a mechanism to incentivise holding of regular sporting events at state, district or sub-district level. On the contrary, it gives voting rights to all whether they organise sporting activities or not."
The ministry is also of the opinion that if the code is implemented in its current form, it might be tantamount to violating the Olympic Charter which says the bylaws of the National Olympic Committee (NOC) cannot be changed without prior approval by the IOC.
"Many provisions of the code are likely to be taken as a direct affront on the autonomy and freedom of the IOA and National Sports Federations." To suggest measures for making it acceptable, the ministry had formed the 13 member expert panel but the Delhi HC had stayed it.