Athletes as Assets: Rethinking NIL (Name, Image, Likeness) Protection in Indian Sports Jurisprudence

ABSTRACT

This paper examines the evolving situation of protection of Name, Image, and Likeness (NIL) rights of sports individuals in the Indian legal framework. Indian law heretofore has rested on constitutional safeguards under Articles 19 and 21 to safeguard personality rights, but the absence of comprehensive statutory NIL legislation places protection of Indian sports individuals in a state of uncertainty. Based on exploratory research of precedence cases like recent judgments, comparative study of international NIL regimes, and exploration of modern contractual trends, the present research reveals inherent deficiencies in protecting commercial interests of sportspersons. The research relies on the mixed approach of case law research, comparative jurisprudence analysis, and stakeholder interviewing involving sports lawyers and sportspersons. The most important findings indicate Indian sports persons facing major challenges in commodifying their NIL rights due to inadequate legal mechanisms, poor awareness, and predatory contractual conditions. The research suggests an all-encompassing NIL protection framework addressing legislative amendments, model contract norms, and institutional responses. It aims to transform athletes into autonomous economic individuals from vulnerable subjects, promoting the health of individual players as well as the commercial viability of the overall sports system. The research helps construct a part of law governing Sports Law in India and offers policy recommendations beneficial to policymakers, players, and legal professionals operating in this challenging landscape.