Law on spot-fixing will be a deterrent for potential offenders
Should match-fixing and spot-fixing be recognised under India law and made punishable offences? The Law Ministry has already prepared a draft titled, "Dishonest Practice in Sporting Event (Prevention) Bill" — a statute that proposes to hand out harsh sentences to those guilty of unfair practices in sports.
Should match-fixing and spot-fixing be recognised under India law and made punishable offences? The accused in the Indian Premier League (IPL), 2013 spot-fixing scandal — Shanthakumaran Sreesanth, Ajit Chandila and Ankeet Chavan — are being charged under Indian Penal Code (IPC), but a specific legislation may help in curbing the menace. The Law Ministry has already prepared a draft titled, “Dishonest Practice in Sporting Event (Prevention) Bill” — a statute that proposes to hand out harsh sentences to those guilty of unfair practices in sports.
The Sports Ministry has rejected the draft as there were some “glaring loopholes.” Surprisingly, the draft did not contain the IPL or the I-League (India’s premier football competition). Nevertheless, it is a positive move on behalf of the government and a possible punitive action would help change things. According to the bill, dishonestly fixing the result entails imprisonment upto seven years (or fine or even both). The foreign players and even the abettors of the crime fall within its purview.
This isn’t India’s first brush with the murky world of fixing. In the early 2000s, a match-fixing controversy had rocked Indian cricket. That had even exposed a few cricketers from other countries. The harshest punishment meted out to some of those players was a life ban. A few escaped with a ban for a certain term. A decade down the line, it is clear that deterrence wasn’t strong enough. Some players still have had the audacity to indulge in such shambolic practices.
Let’s revisit the events of 2010, when three Pakistan players — Salman Butt, Mohammad Asif and Mohammad Aamer were accused of spot-fixing in a Test match in England. A year down the line, a court in London held them guilty and awarded them prison sentences. That was the darkest hour for cricket as it was the first time Test players were put behind bars for fixing certain events on the field of play.
The decision by the London court is a precedent in every sense and would guide judicial authorities around the globe. However, there would be a sound backing if there was legislation in place that warranted such punishments rather than a general statute such as the IPC. Courts would be empowered in punishing the perpetrators in these special cases.
A strict punitive provision under law would be a very strong deterrent. Players would not only be banned, but would also run the risk of serving a sentence. Some may have said that only their careers were at stake with the ban. Many cricketers who were banned for their alleged role in the past have returned to public life. With a jail term in the equation, their personal liberties are at stake and that would be a scar for life.
The only problem is the system itself as there are thousands of cases pending in India. Even criminal cases are known to take years to reach a conclusion. If the accused players are brought to book, what is the guarantee that a decision would be delivered soon? Secondly, what if a player is not guilty and the case prolongs for years? He would lose a few years of his career, which would never come back. By the time the case is settled, he may be well past his prime. Thus, there has to be a mechanism to put checks and balances in place to ensure quick and effective decisions.
Irrespective of the lacunae, a law would be the right move forward. It is imperative that one creates a psychological deterrent as that might be the only answer to insatiable greed. Some might say that legalising betting is one way. That might help the larger picture, but a law dealing with dishonest practices in sport may tackle the problem at the roots.
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