SPORTS LAWYERS WITH TEAM INDIA MIGHT HAVE DEFENDED. VINESH DISQUALIFICATION AND RED CARD OF AMIT

Two shocking and disheartening incidents occurred for Team India in the Paris Olympics. India had a chance to win gold. In a surprising development, Indian wrestler Vinesh Phogat was disqualified from the Paris Olympics for not meeting the weight requirement for her 50 kg gold medal match. Reports indicate Phogat was 100 grams over the allowed weight limit, resulting in her disqualification. Another shocking decision came in hockey, where Amit Rohidas received a straight red card for raising his stick unusually, which hit a Great Britain player on the forehead. The on-field umpires consulted the video referee and issued a straight red card, a decision that captain Harmanpreet Singh protested.

However, nothing could be done by the Team Support members of Team India, which consisted of 140 members compared to 117 athletes. Surprisingly, the Team Support Squad was larger than the athletes sent by the Indian Olympic Association. Yet, not a single Sports Law Expert from India, with a background in Sports and Sports Law, was sent with Team India to handle these kinds of shocking incidents.

The International Council of Arbitration for Sports controls the Court of Arbitration for Sport (CAS) in Lausanne and handles the resolution of sports-related disputes that are submitted to it. The CAS established a Court Office of the ad hoc Division on the site of the Olympic Games. For the period fixed in Article 1, the ICAS shall establish an ad hoc Division of the CAS (hereinafter the “ad hoc Division”), whose function is to provide for the resolution by arbitration of the disputes covered by Article 1 using Panels set up by the present Rules. The purpose of the present Rules is to provide, in the interests of the athletes and of sport, for the resolution by arbitration of any disputes covered by Rule 61 of the Olympic Charter, insofar as they arise during the Olympic Games or a period of ten days preceding the Opening Ceremony of the Olympic Games. This system is also in place at the Venue of the Paris Olympic Games. The Panel renders their decision within 24 hours of the lodging of the application.

Except when it considers another form of procedure more appropriate, the Panel summons the parties to a hearing on very short notice immediately upon receipt of the application. It shall append a copy of the application to the summons addressed to the respondent. Unless the Panel decides otherwise by the sanitary measures in force, the hearing shall be held by video conference or by telephone conference.
At the hearing, the Panel shall hear the parties and take all appropriate action concerning evidence. The parties shall present at the hearing all the evidence they intend to adduce and produce the witnesses, who shall be heard immediately. If it considers itself to be sufficiently well informed, the Panel may decide not to hold a hearing and to render an award immediately.

However, for reasons best known to the Indian Olympic Association and the Government of India, the Ministry of Youth Affairs & Sports, Department of Sports, did not include any Sports Law Expert in the Team Support of 140 persons, most of whom were included despite having very scant knowledge of Sports Physiotherapy or Sports Measures. The shocking decision against Team India could have been prevented with the involvement of Sports Law Experts from Sportslawindia.

While almost all Sporting Countries send two or three Sports Law Experts with their Team Support, the Indian Sports Administration, occupying higher posts in the Ministry and/or Indian Olympic Association, has not learned the lessons from the cases of Dhuti Chand and Sunita Rani, who were initially robbed of their medals for doping but were later cleared by the CAS ruling.

Similarly, there should have been two or three Sports Lawyers with a background in Sports and Sports Sciences. These unfortunate and shocking incidents should have been challenged before the Ad-hoc Division of CAS in Paris, and Team India might have won more medals, including gold.