The Supreme Court has recently invited the Central and State Governments to comment on a report proposing the inclusion of sports as a fundamental right under Article 21 of the Constitution. The court’s amicus curiae (friend of the court) presentation proposes replacing the narrow term ‘sport’ with ‘physical literacy’, which is acknowledged as a right in the world’s top sporting nations. This report was filed in response to a Public Interest Litigation (PIL) seeking changes to the constitution that would make sports a fundamental right.
Supreme Court’s Fundamental Rights Proposition
The aforementioned report was part of a PIL aimed at amending the constitution to make sports a fundamental right and include an obligation to “promote sports education” within the Directive Principles of State Policy. The document also recommended relocating sports to the concurrent list, enabling more effective collaboration between the central and state governments. Currently, sports are a state subject.
Central Government’s Role in Sports
Creating a ‘National Physical Literacy Mission’ should be a priority for the Central Government. This mission should incorporate elements such as curriculum design, compliance monitoring, grievance redressal mechanisms, and self-correction measures. Promoting children’s involvement in various sports from the school level upwards is vital.
Recommending Physical Activity in Schools
From the academic year 2022-2023, all school boards, including CBSE, ICSE, State Boards, IB, IGCSE, should dedicate at least 90 minutes of every school day to free play and sports activities.
Free Access to Sports Facilities
State governments should ensure that all educational institutions allow neighborhood children to use their sports facilities and playgrounds free of charge during non-school hours.
Designing Physical Literacy Policy
Educational institutions should be given 180 days to draft a ‘Physical Literacy Policy’. This policy should adopt a ‘no-child-left-behind’ approach and make sure that physical literacy activities are inclusive for all students.
Establishing an Internal Committee
An internal committee needs to be established to address instances where there is a failure in meeting the obligations to provide students with access to physical literacy.
A Dashboard for Sports Facilities Mapping
A dashboard should be created that provides real-time data on the availability and utilization rate of playgrounds and open spaces, the qualifications of physical education teachers, and the sports equipment available in educational institutions across the country.
The International Charter of Physical Education, Physical Activity and Sport
The International Charter of Physical Education, Physical Activity and Sport sets ethical and quality standards for all entities designing, implementing and evaluating sports policies and programs. This rights-based reference promotes inclusive access to sports for all, without any form of discrimination.
Snapshot of NEP 2020 and Sports
The recent National Education Policy (NEP 2020) has elevated the status of sports and integrated them into the curriculum, making grades in sports an integral part of children’s education. It emphasizes establishing institutes of higher education and sports universities, incorporating sports sciences and sports management at the school level to improve career prospects for young people and boost India’s position in the global sports economy.
Schemes to Foster Sports in India
Several schemes have been introduced to promote sports in India. These include the Khelo India Scheme, Assistance to National Sports Federations, Special Awards to winners in international sports events and their coaches, National Sports Awards, Pension to Meritorious Sports Persons, and the Pandit Deendayal Upadhyay National Sports Welfare Fund. In addition, the National Sports Development Fund supports the operation of sports training centres through the Sports Authority of India.