Journal on Law & Public Policy Vol.6 (2020)- A Reader on Sports and Law
About the Journal
The Journal of Law and Public Policy, a peer reviewed journal first released in 2014 is published annually by the Centre for Environment Law Education, Research and Advocacy. It touches upon various socio-legal issues in the interface between law and public policy such as human rights, consumer welfare, women rights, socio-economic rights, food security law, access to legal aid, medical law and ethics to name a few. The fourth, fifth and sixth volumes of the Journal have specially dealt with legal and policy issues on the Uniform Civil Code, Sustainable Energy and Sports. In addition to scholarly articles the Journal has also featured case comments and book reviews. JLPP is a peer reviewed journal with an ISSN No. 2350-1200.
Journal of Law and Public Policy
Vol VI (2020)
-A Reader on Sports and Law
UNETHICAL
PRACTICES IN INDIAN SPORTS: ISSUES AND CHALLENGES
Dr. Ashish
Deshpande
Sports since time
immemorial has been integral as a substrate of passion and enthusiasm for human
race. It has helped in forming relations where the most intrinsic policies have
failed to create an impact. It opens area for new energy, inculcates a sense of
team spirit, provides area for fair competition, helps in determining the
strongest areas of inner self and overcome weakness. The author analyses the
inter play of sports ethics and fair play in sports. The contribution titled
for all intents and purposes “Unethical Practices in Indian Sports: Issues and
Challenges”, attempts to discuss aspects such as the vulnerability of sports, various
unethical, contributing factors and controversies that mars and taints the image
of sports. The author, identifies the need for a sui generis legislation to
essentially safeguard the sanctity of sports and sporting events in India,
which particularly is fairly significant.
COMPETITION ISSUE
IN SPORTS: WHEN COMMERCE TRUMPS THE SPIRIT OF SPORTS
-Bhawna Gulati and
Vipul Puri
The authors based
on their research and personal experience as members of the Competition
Commission of India, have identified and examined various issues and
anti-competitive factors that may potentially have an adverse effect on
competition in the sports sector. A detailed analysis of the term ‘sports’ and
its elements are made. The evolution of competition law jurisprudence with
respect to sports sector is elaborated. Further, a descriptive analysis of the
implications of organizational structure of competitive sports on value chain
of sports events is made. A detailed examination of jurisdictional issues about
sports regulatory body and analyse the
need to subject the rules and functions of sports governing body to competition
law. The authors have also analyzed the important roles carried out by the
examination and regulatory bodies considering the international and
organizational structures with the help of appropriate case laws.
IMPLICATIONS ON
LEGAL AND REGULATORY FRAMEWORK OF SPORTSCATING IN INDIA
Dr. Sujith S and
Uma Devi S
Sports as a medium
of enthusiasm and celebration has witnessed revolutionary changes in the wake
of technological advancement and globalization. Progressive improvements in
communication and information technologies have diminished the gap between
people, sports and media. In this background, the author analyses the legal
intricacies applicable to broadcasting of sporting events, the challenges faced
in respect of neighboring rights and delve into matters that affects the legal
and regulatory framework for broadcasting, of sports and sports events while
taking into account the need to safeguard the public interest in the
dissemination of the same. A description of the development of broadcasting in
India is made along with an elaboration on various broadcasting rights
available in India and how they are transformed in the sports sector is made. The
authors conclude the paper with an attempt to highlight the various impacts of
sportscasting in India.
FANTASY SPORTS: AT
THE INDIAN CROSSROADS
Praveen Tripathi
and Aafreen Mitchelle Collaco
Fantasy Sports has enabled the online gaming sector to be the fastest-growing segments outracing the Media and Entertainment sector. This phenomenal growth has necessitated the need for specific regulations of fantasy and online sports. The authors in this paper trace the development of Fantasy Sports in India. Further, an analysis on the regulatory framework of fantasy sports in India and identification of the lacunae therein are made. A deliberation on the dichotomy between “skill” v. “chance” phenomenon in online gaming platform is also attempted. The author proposes various suggestions on the observation that Fantasy Sports including online Fantasy Sports is a permanent feature now.
TAXATION & SPORTS: CAN ONE RUN A MILE
Rohith Kamath
& Pranav Narsaria
The phenomenal
growth of Sports related activities has resulted in the sports industry to incorporate
dimensions of Economics, Business, Profits and Entertainment. The authors in
this article highlights the overall growth of sports busines and provide for a
comprehensive overview of the taxation regime in India. An in-depth analysis of
the various components of taxation in sports including royalty-fee, income from
Sports Academy and training centers, ticketing activities of sport events is
also made in the light of various judicial pronouncements. Further, the authors
have elaborated on the implications under the Goods and Service Tax Law. An
analysis has been made on the various tax planning techniques that may benefit the
business of sport in India.
ABUSE OF DOMINANCE
AND MONEY PORWER IN THE RELIGION OF THE WORLD – FOOTBALL
Arijeet
Bhattacharjee and Kavanya Surolia
In this article,
the authors have analyzed the evolution of the sport- ‘football’ and discussed
the issue of abuse of money power and dominance in football along with the
manner in which they affect healthy competitions. The paper further traces the
professionalization of the game to its current from. A discussion on the UEFA
Financial Fairplay Regulations of 2011 along with a detailed analysis of
‘Bosman Ruling’ is made. Various instance of big money transfers on youngsters
and their implications are highlighted. Further, the authors make a critical
appraisal of the governance in regulation of the European Football is made by
the authors. The authors have made suggestion to curb the identified
violations, control the foul activities and healthily improve the business
aspect of sports.
AN INSIGHT ON THE
MENACE OF DRUG ABUSE IN SPORTS: WITH SPECIAL EMPHASIS ON SPORTEMEN OF NORTH
EAST INDIA
Prakreetish Sarma
& Neil Madhav Goswami
The authors have
provided a brief history of doping and analyzed the role of watchdog bodies in
their attempt to regulate doping. A special emphasis on north east India
players’s circumstances associated with alleged doping has also been given by
the authors. The article make a comprehensive analysis of the various
challenges faced by sports personnel and their desire to Performance
enhancement supplements, triangulating them to be victims of drugs, thereby
necessitating the need for the development of a sui generis law in the area.
The question of criminalizing doping in sports is examined in depth.
CASTER SEMENYA,
DUTEE CHAND AND THE QUESTION OF SEX IN SPORT: A CRITIQUE OF THE DISCOSURE ON
HYPERANDROGENISM/DSD IN FEMALE ATHLETES
Palash Srivastav
and Harshi Misra
Sexual orientation
and production of sex-related hormones without any artificial influence is a
part of human body and is related to basic human rights. Time and again women have faced serious
challenges to prove their capacity to perform certain task inorder to establish
their worth in society. The challenge is multiplied for female athletes in
relation to their testosterone level straitjacketing them as “biological male”
when the threshold is crossed. . The paper provides an overview of sex-testing
in sports and the laws that regulate them. The authors in their paper criticize
the criteria of sex determination of athletes, challenging the credibility of
scientific reasons for backing the regulations that seek to control the amount
of testosterone present in the bloodstream of female athletes, as laid out in
IAAF Eligibility Regulations for the Female Classification of 2019.
ARBITRATION AND
SPORTS LAW: SCRUTINISING THE DISPUTE RESOLUTION PROCESS
Vaibhav Singh and
Saurabh Tiwari
The phenomenal
growth of Sports Industry and its presence in world trade has unsurprisingly
transformed its as a source of legal disputes. The authors, to address these
legal disputes vehemently support and state that arbitration has enormous
potential to materialise into a platform for resolving sports-related disputes
and relieve the athletes of going through the traditional method of courts and
trials in case a dispute arises. An analysis of collective agreement and the
need of inclusion of arbitration clauses has been made. In addition, the paper
discusses the limitations as to Court interferences and other interconnected
matters that impact successful arbitration of sport-related disputes.
EXPLOITATION OF
MINORS IN FOOTBALL: THE NEED TO ENACT MORE PRACTICAL RULES
Nandighosh Karan
Nanda and Hitesh Mallick
The paper analyses
the busines models of football clubs in hiring and selling young players and
argues for the need for safeguarding minor rights. A brief history of the
evolution of minor rights in football including various examples is made. Further,
the evolution and transformation of the RSTP Regulations by FIFA over the years
for protecting the interest of minors have been analysed. The authors have
expressed their views on the misconduct involving the transfer and registration
of minor players and various regulatory impediment thereat. Further, a critical
observation is made on the existing regulatory shortcomings in the
investigation process in FIFA, and associated events. The author suggests for a
stronger FIFA taking measures fearlessly to make sure ethical and legal
standards are met to conserve the values of football.
Editorial Board:
Chief Editor
Prof.(Dr.) Sairam Bhat
Professor of Law & Coordinator
Centre for Environmental Law, Education, Research and Advocacy
National Law School of India University, Bengaluru
Editor
Mr. Praveen Tripathi, Assistant Professor, School of Law, Bennett University
Mr. Rohith Kamath, Consultant, CEERA, NLSIU
Editorial Advisory Board
1. Prof. (Dr.) K.C. Sunny, Vice Chancellor, National University of Advanced Legal Studies, Kochi
5. Prof. (Dr.) M.R.K. Prasad, Professor of Law, V.M. Salgaocar College of Law
Editorial Assistance Board:
1. Ms. Madhubanti Sadhya, Teaching Associate, CEERA, NLSIU
2. Mr. Raghav Parthasarathy, Teaching Associate, CEERA, NLSIU
3. Mr. Vikas Gahlot, Teaching Associate, CEERA, NLSIU
4. Ms. Geethanjali K.V. Legal Associate, CEERA, NLSIU
5. Ms. Lianne D’Souza, Research Fellow, CEERA, NLSIU
Contact: Manuscripts as well as questions should be submitted to the Editor at: ceera@nls.ac.in
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– Short Articles (3000 -5000 words, exclusive of footnotes).
– Case Comments, Legislative Briefs, Law Commission Report/Review (1500-2500 words, exclusive of footnotes).
– Book Review (700-1500 words, exclusive of footnotes).
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