BENGALURU: As the Athletics Federation of India on Wednesday reiterated its stand that players must seek its approval before entering into a contract with a third party and that the decision is for the protection of players, legal experts termed the federation’s move as “unconstitutional and arbitrary”.““This essentially amounts to seeking prior approval, which is totally unconstitutional and arbitrary besides an unreasonable and illegal restriction on the commercial freedom of athletes as well as on their trade or profession. Constitution of India,” sports lawyer Rahul Mehra told TOI.“Instead, the AFI could have issued advisory guidelines to protect players from entering into conflicting or harmful agreements, but such mandatory prior approval reflects the players’ full control over their commercial right and interest.”Critics pointed out that AFI’s move could also be aimed at protecting their sponsors. The new circular seems to have started with long-distance runner Gulveer Singh leaving Reliance (one of AFI’s sponsors) from OGQ to JSW within three months. AFI can support its sponsor but this should not be done by disturbing the athletes who are getting individual sponsors,” said another legal expert.Experts also wondered why AFI should bother India’s top athletes. Neeraj Chopraasking them to get approval to get a sponsorship deal. “The value of athletics in India is due to Chopra. This is an attempt to exercise some kind of control. There is no chance (that it will face scrutiny in court) as it is a trade ban,” an expert told TOI.“In 2007, after India’s defeat in the World Cup, the BCCI wanted to control the number of player endorsements. A few years ago, the NRAI (National Shooting Federation) tried to do the same and failed. It is not legally and practically fully enforceable, and none of these players are in any kind of contract with the AFI. This move would be like breaking new ground for someone to knock. Earlier, they said that if you don’t attend the national camp, they will drop you. Likewise, if you don’t report your endorsement we can drop you,” he explained.Meanwhile, the AFI said the whole idea is to help the players. “This considered decision has been taken by some sponsors in the context of attracting AFI’s attention. We would like athletes to focus on their training and competition instead of getting bogged down in signing contracts,” AFI said in a post on X.“At AFI, we care about the welfare of the athletes and do not want to come in the way of making money through their endorsement deals. However, we will protect the interests of the athletes and Indian athletics. AFI believes that the athletes affect (sic) such changes without understanding the implications of terminating these contracts”.“In asking for prior approval of contracts and agreements, AFI is ensuring that its legal team is in place to advise players against potential damages. AFI clarifies that, in providing such services to players, it does not charge a single penny from players or sponsors,” AFI said.
