Ournal of Law and Public Policy a Reader on Sports & Law
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VOL-VI JOURNAL OF LAW AND PUBLIC POLICY A READER ON SPORTS & LAW VOL-VI SPECIAL EDITION 2020 J OURNAL OF ISSN NO : 2350-1200 ARTICLES Unethical Practices in Indian Sports: Issues and An Insight on the Menace of Drug Abuse in L Challenges Sports: With Special Emphasis on Sportsmen of AW AND Dr. Ashish Dshpande North East India Prakreetish Sarma & Neil Madhav Goswami Competition issue in Sports: When Commerce P Trumps the Spirit of Sports Caster Semenya, Dutee Chand and the Question UBLIC Bhawna Gulati and Vipul Puri of Sex in Sport: A Critique of the Discourse on Hyperandrogenism/Dsd in Female Athletes Palash Srivastav and Harshi Misra P Fantasy Sports: at the Indian Crossroads OLICY Praveen Tripathi and Aafreen Mitchelle Collaco Arbitration and Sports Law: Scrutinising the Dispute Resolution Process A READER ON SPORTS & LAW Vaibhav Singh and Saurabh Tiwari Taxation & Sports: Can one run a Mile Rohith Kamath and Pranav Narsaria Exploitation of Minors in Football:The Need to Enact more Pactical Rules Abuse of Dominance and Money Power in the Nandighosh Karan Nanda and Hitesh Religion of the World – Football Mallick Arijeet Bhattacharjee and Kavanya Surolia National Law School of India University 2020 Bengaluru JOURNAL OF LAW AND PUBLIC POLICY Special Edition A Reader on Sports and Law Vol. - VI 2020 JLPP - VI (2020) National Law School of India University Nagarbhavi, Bengaluru 5600242 Karnataka, India i For Subscription Contact: Centre for Environmental Law Education, Research and Advocacy (CEERA) National Law School of India University, P O Box 7201, Nagarbhavi, Bengaluru - 560242 (Old Pin - 560072) Karnataka, India Phone: 080-23160527/529 Email: [email protected] Price: India `. 500/- Abroad $. 20 / £. 10 ISSN No : 2350-1200 Copyright: © CEERA, NLSIU, 2020 Mode of Citation : VI JLPP (2020) Disclaimer: The views expressed by the author/s in the journal are their personal and do not reflect the views of the National Law School of India University. Soft copy formatting and Cover page designed by: Lingaraj. R, DED-NLSIU Published by : National Law School of India University, Bengaluru 560072 ii JOURNAL OF LAW AND PUBLIC POLICY Special Edition A Reader on Sports and Law Vol. - VI 2020 Chief-Editor Prof. [Dr.] Sairam Bhat Professor of Law Coordinator, Centre for Environmental Law Education, Research and Advocacy, [CEERA], NLSIU Editor Mr. Praveen Tripathi Ph.D. Scholar, NLSIU, Assistant Professor, School of Law, Bennett University Assistant Editor Mr. Rohith Kamath Ph.D. Scholar & Consultant, CEERA, NLSIU Editorial Advisory Board Prof. [Dr]. K. C. Sunny Vice Chancellor, National University of Advanced Legal Studies, Kochi Prof. [Dr]. Shashikala Gurpur Dean-Law, Symbiosis International University Prof. [Dr]. Sandeepa Bhat Professor of Law, National University of Juridical Sciences, Kolkata Prof. [Dr]. Bismi Gopakrishnan Dean, M G University, Kottayam, Kerala Prof. [Dr]. M R K Prasad Dean-Law, Goa University, V. M Salgaocar College of Law iii Editorial Assistance Ms. Madhubanti Sadhya Teaching Associate, NLSIU Mr. Raghav Parthasarathy Teaching Associate, NLSIU Mr. Vikas Gahlot Teaching Associate, NLSIU Ms. Geethanjali K V Legal Associate, NLSIU Ms. Lianne D’Souza Reasearch Fellow, NLSIU iv Journal of Law and Public Policy A Reader on Sports and Law Vol. VI - NLSIU 2020 CONTENTS Editorial........................................................................................................ vii ARTICLES Unethical Practices in Indian Sports: Issues and Challenges.................................................................................................... 1 Dr. Ashish Dshpande Competition issue in Sports: When Commerce Trumps the Spirit of Sports........................................................................................................... 15 Bhawna Gulati and Vipul Puri Fantasy Sports: at the Indian Crossroads........................................................ 56 Praveen Tripathi and Aafreen Mitchelle Collaco Taxation & Sports: Can one run a Mile.......................................................... 77 Rohith Kamath and Pranav Narsaria Abuse of Dominance and Money Power in the Religion of the World – Football........................................................................................................ 109 Arijeet Bhattacharjee and Kavanya Surolia An Insight on the Menace of Drug Abuse in Sports: With Special Emphasis on Sportsmen of North East India....................................................................... 129 Prakreetish Sarma & Neil Madhav Goswami Caster Semenya, Dutee Chand and the Question of Sex in Sport: A Critique of the Discourse on Hyperandrogenism/Dsd in Female Athletes.................... 147 Palash Srivastav and Harshi Misra Arbitration and Sports Law: Scrutinising the Dispute Resolution Process........ 173 Vaibhav Singh and Saurabh Tiwari Exploitation of Minors in Football:The Need to Enact more Pactical Rules........... 195 Nandighosh Karan Nanda and Hitesh Mallick v vi Journal of Law and Public Policy A Reader on Sports and Law Vol. VI - NLSIU 2020 EDITORIAL Sports and Athletics encompass the favourite pass time of several millennial. They have been pivotal in creating a global unison among diverse cultures and economies, serving as a thread interwoven so as to connect individuals from all walks of life. While they are successful in creating a successful bonding factor, it is to be noted, that they may also be marred with controversies, shortcomings and pitfalls. Law has been the wheel of support that seeks to create a balance between right and wrong, in Sport and Sporting Events. The need to maintain status quo in the interrelationship between its various stakeholders is a precursor for maintaining the integrity of sports. The emergence of Sports law, has involved questions of Competition Law, Intellectual Property Law, Constitutional Law, and other niche areas of Contracts such as endorsements, public policy, moral and ethical conduct of players, etc. contested widely with diverging views. The matters imperative for consideration inter alia is the submission and challenges faced in Disputes Resolution through Court or Arbitration for Sports, and the Implications of Minor Contracts in matters of Sports. Game set and matchless: A reader on sports and law, Edited by Dr. R Venkata Rao, et al., published in 2016 by National Law School of India University, (NLSIU) Bengaluru has been pivotal in bringing out this special edition of the Journal on Law and Public Policy. In pursuit of this Special Edition, the Centre for Environmental Law, Education, Research and Advocacy, (CEERA), a premier research and advocacy centre at NLSIU organised a Two-Day National Seminar on Legal, Ethical and Contractual Issues in sports in July, 2019, , which saw over hundred participants and enthusiasts who presented their research works on allied areas of Sports Law and Policy. This special edition of the Journal on Law and Public Policy is a culmination of the finest papers received in the seminar. Dr. Ashish Deshpande, in his contribution titled “Unethical Practices in Indian Sports: Issues and Challenges”, discusses the vulnerability of sports to various unethical and contributing factors that leave its image marred and vii Editorial tainted with controversies, identifying the need for a sui generis legislation to safeguard the sanctity of sports and sporting events in India. In“Competition Issue In Sports: When Commerce Trumps The Spirit Of Sports”, written by Ms. Bhawna Gulati and Mr. Vipul Puri, based on their research and their personal experiences 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. Dr. Sujith S. & Ms. Uma Devi S. have in their contribution titled “Implications on Legal and Regulatory Framework of Sportscasting in India”categorically discussed the legal intricacies that apply to broadcasting of sporting events, the challenges faced in respect of neighbouring rights and delve into matters that affect 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. In their Article titled “Fantasy Sports: At The Indian Crossroads”, Mr. Praveen Tripathi and Ms. Aafreen Mitchelle Collaco identify the need for regulation in the upcoming reality of fantasy sports, and deliberate the dichotomy between “skill” v. “chance” phenomenon in online gaming platforms. Mr. Rohith Kamath and Mr. Pranav Narsaria, in their article “Taxation and Sports: Can one run a mile?”, highlight the overall growth of sports businesses and provide for a comprehensive overview of the taxation regime in India, and go on to further deal with the various tax planning techniques that may benefit the business of sports in India. Mr. Arijeet Bhattacharjee and Ms. Kavanya Surolia, in their paper titled “Abuse of Dominance and Money Power in the Religion of the World – Football”, discuss the issue of abuse of money power and dominance in football and the manner in which they affect the healthy competition. They also discuss the UEFA Financial Fairplay Regulations of 2011, and make a critical appraisal of the governance in regulation of the European Football. viii Journal of Law and Public Policy A Reader on Sports and Law Vol. VI - NLSIU 2020 Mr. Harsh Malpani in his paper titled “Regulating Doping and Need For Level Playing Field In E-Sports”