Kamal Ghorui
BENGALURU: As the Athletics Federation of India on Wednesday reiterated its stand that athletes should mandatorily obtain its approval before entering into an agreement with a third party and that the decision is to protect the athletes, legal experts slammed the federation’s move as “unconstitutional and arbitrary.”“This is akin to mandatorily seeking a blanket prior approval, which is wholly unconstitutional and arbitrary besides being an unreasonable and unlawful restraint on athletes’ commercial freedom as also his/her trade or profession. It thus seems to be violative of Article 19(1)(g) (Freedom of Trade or Profession) of the Constitution of India,” sports lawyer Rahul Mehra told TOI.“Instead, AFI could have issued advisory guidelines in order to protect the athletes from entering into conflicting or harmful contracts, but to have such a mandatory prior approval is reflective of seeking absolute control over athletes’ commercial right and interest,” he added.Critics pointed out that the AFI move could also be aimed at protecting their sponsors. “The new circular seems to have been triggered by long-distance runner Gulveer Singh moving out of Reliance (one of AFI’s sponsors) to OGQ to JSW within three months. AFI can support their sponsor but that should not be done by troubling the athletes who are getting individual sponsors,” another legal expert said.Experts also wondered why the AFI should trouble India’s top athletes like Neeraj Chopra, asking them to get approval for getting a sponsorship deal. “The value of athletics in India is because of Chopra. It’s an attempt to exert some form of control. There is no chance (that it will stand scrutiny in court) as it’s a restraint of trade,” an expert told TOI.“In 2007, after India lost in the World Cup, the BCCI wanted to control the number of endorsements of the players. A few years back, the NRAI (the national shooting federation) wanted to do the same thing and failed. The AFI’s move is more like a public statement to assert control. It’s completely not enforceable legally and practically, and none of these athletes are in any form of contract with the AFI. This move will be like a new basis to knock off someone. Earlier, they said if you don’t attend national camp they will drop you. Likewise, if you don’t report your endorsements we can drop you,” he explained.Meanwhile, the AFI said the whole idea is to help the athletes. “This considered decision has come in the wake of some sponsors drawing AFI’s attention. We would like the athletes to focus on their training and competition rather than get caught up in signing contracts,” AFI said in a post on X.“At AFI, we are mindful of athletes’ welfare and do not want to come in the way of their making money through endorsement deals. However, we will protect the interests of the athletes and Indian athletics. AFI believes that athletes affect (sic) such changes without understanding the implications of terminating the contracts they have signed with sponsors,” the federation’s post added.“While asking for prior approval of contracts and agreements, AFI is ensuring that its legal team is on hand to advise the athletes against potential pitfalls. AFI makes it clear that, in providing such services to the athletes, it does not charge a penny from either the athletes or the sponsors,” the AFI said.
