Legal course to change our sports policy
We appreciate your approach, and we would try to provide our legal assistance in the best possible manner.
The question raises the issue of whether a public interest litigation can be filed on the sport policy of India? But, before that, it is important to understand the purpose of PIL. The concept of PIL has not been defined under any statute, but it has been interpreted by the learned Judges of the Hon’ Courts on several occasions. It has been a helpful tool to invoke both social and judicial activism. The main purpose of filing the PIL is to safeguard the Fundamental Right of the marginalised sections of the society in case of infringement of it. The social activist or privileged sections of the society may file a petition on their behalf due to the inadequacy of their financial capacity.
Now, to answer the question, the failure to win medals in Olympics does not violate any Fundamental Right enshrined under the Constitution. But, to know the loopholes, then in our opinion, the appropriate measure would be to file an RTI application to seek adequate information about the policies and procedures. And, after receiving the information, if the policy is arbitrary to the Constitution and infringes the right, then PIL could be filed under which the Court is empowered to issue appropriate directions.