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Times of India, Bangalore, January 8, 2014
By Seshank Shekar Introduction The practice of third party player ownership (“TPPO”) in football has been the subject of huge debate and controversy over the past few months following a spate of high profile transfers of players all across the top leagues in Europe. Some notable examples of players’ rights being owned by the third … Continue reading
By Shewambara Mani Introduction The United States of America (“US”) is one of the most sought after destinations for athletes, entertainers, performers and artists. From college leagues to professional teams, the platform offered to a sportsman in terms of education, training and performance in the US is perhaps the best in the world. However, for … Continue reading
By Abhinava Shrivastava Introduction The Olympic Movement and the Olympic Games are meant to serve as a cohesive platform where athletes from diverse backgrounds from across the world exhibit their sporting calibre. The mandate of the Olympic Movement is inclusive, and actively encourages the participation and representation of different social and cultural groups in the … Continue reading
By Shwethambara Mani and Shibumi Raje Introduction Children and sport speak the universal language of fun, friendship, discipline and achievement. Sport significantly contributes to a child’s mental, social and physical skills by building tolerance, discipline, focus and respect. While childhood is often a precious period for building potential, a child’s body and mind may not … Continue reading
By Seshank Shekar Introduction The controversy concerning racism in English professional football over the past year came to a conclusion earlier this month, as the English Football Association (“FA”) sanctioned Chelsea Football Club (“Chelsea”) captain John Terry over alleged racist comments made to Queens Park Rangers (“QPR”) defender Anton Ferdinand. The FA sanctioned Terry with … Continue reading
By Shibumi Raje Introduction In recent times, the issue of spectator violence in sporting events has come to the forefront, leading to the furore over crowd management and crowd safety. There have been multiple instances of harm being caused to spectators at major sporting arenas, the notable examples being the Hillsborough disaster in 1989, the … Continue reading
By Seshank Shekar Introduction In June 2012, the New York Federal District Court convicted poker club owner Lawrence DiCristina on charges of operating and conspiracy to operate an illegal gambling business in violation of the U.S. Federal legislation The Illegal Gambling Business Act, 1970 (“IGBA”). DiCristina (The “Defendant”) brought a motion for acquittal, arguing that … Continue reading
By Abhinav Shrivastav Introduction The Hillsborough Stadium crush of 1989 (“Hillsborough Crush”) is a key moment in the history of sports arena construction and crowd management, as it led to the removal of standing terraces in all first division and second division football club stadiums and adoption of sound crowd management practices, through a reduction … Continue reading
By Nandan Kamath Introduction Historically, female athletes and sportswomen have been subject to an assortment of discriminatory practises that have affected their ability to participate in sporting events. The very first modern Olympic Games organised in 1896 at Athens prohibited women from competing, which restriction was lifted in the Paris 1900 Olympic Games. Since then, … Continue reading
By Roshan Gopalakrishna Introduction Chanting by fans, often referred to as the ‘12th man’, has been recognised as an integral part of sport and is often seen as entrenched in sports culture. Clubs and teams encourage fans to create an atmosphere that encourages the team they support, but also intimidates the opposition and affects player … Continue reading
By Vidya Narayanswamy Introduction A question that most frequently visits sport is – who is responsible for injuries resulting from sporting accidents? The answer to this question lies in a branch of law known as “tort” law. Unlike other legal words such as “contract” and “crime”, tort does not form part of our daily vocabulary … Continue reading
By Nandan Kamath Introduction The sports industry has seen some significant developments in the recent past, the most crucial among them being the advent of professionalism and the steady and gradual decline of amateurism. Although it will be incorrect to say that amateur athletes receive little or no monetary returns, sponsorships or scholarships, such accruals … Continue reading
By Fatema Merchant Introduction The shift of balance in favour of professionalism initiated and propelled by globalization gradually induced many countries to derecognize amateurism on account of the diminishing interest and participation in amateur sports. The US and UK are among the handful of nations which still recognize and encourage amateurism. Golf, which is a … Continue reading
By Vidya Narayanaswamy Introduction Amateur sport, by definition, involves participation for the joy of sport, without any monetary compensation. The ideal of amateurism in sport was intensely protected in the 19th century mostly by the elite sections of society who feared that professionalizing sport would weaken their monopoly over it. However, with the evolution of … Continue reading
By Nandan Kamath Introduction 2011 has been an eventful year in sports law, both internationally and in India, and 2012 promises to be no different. With an evolving sports industry and the growing commercial and spectator interest in international sports events, this rather young body of law is running hard to keep pace – most … Continue reading
By Roshan Gopalakrishna Introduction Last month, the Ministry of Youth Affairs and Sports (MYAS) released the revised National Sports (Development) Bill, 2011 (Bill). As compared to its previous form (reviewed previously “A Review of the Draft National Sports (Development) Bill, 2011“), the Bill sees 14 changes, the most significant of which are discussed later in this … Continue reading
By Nandan Kamath Introduction Right to free movement, including free movement of workers, is one of the most important rights guaranteed by the European Union (‘EU’). Every citizen of the EU has a right to move and reside freely in the territory of the member states and has access to all social advantages of that … Continue reading
Ms. Dasgupta, could you tell us about your journey leading into your current academic position? My LL.M. experience at WBNUJS inspired me to take up academics as my full time profession and vocation. The idea of teaching and researching got ingrained in me. Though I did my LL.B from Jammu University, it was at WBNUJS … Continue reading
By Nandan Kamath Introduction ‘Club versus country’ has been a subject of intense debate for many years in football. Now with the advent of domestic cricket events, especially in the form of domestic Twenty20 tournaments inviting foreign participation, the debate has recently entered the cricketing arena. A survey conducted by the Federation of International Cricketers’ … Continue reading
By Roshan Gopalakrishna Introduction The Ministry of Youth Affairs and Sports has included a few provisions in the new draft sports bill which effectively gives the government the power to regulate sports federations and also intervene in their operations if the government feels that they are being mismanaged or misgoverned. This has sparked off protests … Continue reading
By Shaun Star Introduction When one considers India’s ongoing cricket tour of England, while the Indian team comprises exclusively of India born and bred cricketers, the English team has a significant number of members who are either South African or Irish born, and not necessarily citizens of the United Kingdom. The questions therefore arise as … Continue reading
Interview with Retd. Justice Mukul Mudgal Could you please tell us a little about your professional journey? What brought you to the legal profession and, more recently, what has motivated your interest in sports law? I graduated in Honours in Chemistry from Hindu College, Delhi University. I always had interest in law as I always … Continue reading
By Vidya Narayanaswamy Introduction The issue of ‘Eligibility criteria for sportspersons’ assumes importance in light of dynamic models of citizenship, nationality and residency such as dual citizenship and overseas citizenship which allow persons who have lived and trained in one country to play for or represent another, by choice. In most cases, an athlete acquires … Continue reading
By Vidya Narayanaswamy The Draft National Sports (Development) Bill, 2011 brings into focus an important issue – the legal status of National Sporting Federations (NSFs) and their accountability in courts of law. In this learning module, we describe and summarise the current state of Indian law pertaining to recognition, accountability and procedures of NSFs. Recognition … Continue reading
By Roshan Gopalakrishna ‘Sport’ is matter that comes within the purview of Entry 33, List II (State List) of the Seventh Schedule of the Constitution of India. Therefore, in effect, the central government would have no legislative competence to make a central law in relation to the subject. In 2009, the central government withdrew a … Continue reading
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