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.