SlideShare uma empresa Scribd logo
1 de 13
NIRMA UNIVERSITY
        INSTITUTE OF LAW
    B.A., LL.B. (Hons.) Programme
            Academic Year
             Semester – X




            SPORTS LAW
            Course Code:-
            Course Module
          (Optional Course II)




Course Co-ordinator: Mr. Renjith thomas
           Asst. Prof. in Law
          ILNU- Ahmedabad.




                1|Page
Syllabus


1. Introduction to Sports


      • Definition of Sports
      • History of Sports – The origin and development of Individual
         sports
      • Sports culture in India
      • Classification
      • Sports Psychology


2. State and Sports Law

      • Sports and Indian Constitution
      • Organization and Functions of The Ministry of Youth Affairs
         and Sports
      • Functions of National Sports Federations
      • The Indian Olympic Association (IOC)
      • The National Sports Policy, 2001


3. Gender Discrimination in sports

      • Women and sports in India
      • International Scenario – UNESCO – The International Olympic
         Committee –
      • Depiction of women by the media
      • The Problem of Indian Origin versus Indian Citizenship –
      • Gender Testing and Human Rights


                               2|Page
4. The Legal Regulation of Drugs in Sports

      • World Anti-Doping Agency
      • National Anti-Doping Agency
      • Sanctions under doping in sports
      • National Doping Laboratory


5. Sports as Business

      • Commercialisation of Sports – BCCI and IPL, ICC
      • Competition Law and Sports
      • Betting in Sports – Law related to Gambling in India – should
         sports betting be legalized – Betting in Cricket
6. Sports Contracts

      • Law of Contract and sports – Kinds of Sports Contracts
      • Sports Related Contracts of Employment – Formation and
         capacity to contract- work permits- protection of minors
      • Labour and Contractual Issues in Sports – Contract of Service
         and Contract for Service – Master Servant or Principal Agent
         relationship – Formation of Unions- Transfer of players –
         Termination of a Sports Contract


7. Dispute Resolution in Sports – Arbitration and other ADR methods

      • Governing Bodies – Court of Arbitration for Sports (CAS)
      • Dispute Resolution on field
      • Internal Disciplinary Procedure



                             3|Page
• Type of ADR in Sports – Arbitration – Mediation – Sports
         ombudsman-Expert determination- Good offices- Negotiation-
         Conciliation
      • Indian Arbitration and Conciliation Act, 1996 and Sports
      • Enforcement of An Arbitration Award


8. Violence in Sports and Sports Injuries

      • Criminal Liability in Sports- Indian Penal Code and sports
      • Civil Liability in Sports Injuries-          Negligence in sports –
         Voluntary Assumption of Risk
      • Liability of persons associated with sports – Liability of
         officials –Liability of Organizers
9. Intellectual Property Rights and Sports Broadcasting

      • Ambush      Marketing     –     Categories     ,       Sponsorship     and
         Endorsements – Commonwealth Games and Intellectual
         Property – Player endorsement and Image rights- Sports
         Merchandising – Brand Protection
      • Sports Broadcasting – Methods of Sports Broadcasting – Sports
         Broadcasting Signals (Mandatory Sharing with Prasar Bharati)
         Act 2007 – Broadcasting of sporting events of National
         Importance
      • International    Broadcasting     Legislation      -       Overspill    in
         Broadcasting and revenue Losses
      • News Reporting and sports reporting
10.Taxation and Sports

      • Sports and Income Tax Act, 1961 – Types of Taxation


                             4|Page
• Withholding of Tax ( Deduction of Tax at Source) – Salary –
  Interest – Dividents- Winning from Lottery or Crossword
  puzzles – Winning from horse race – payments to non-resident
  sportsmen or sports associations – commission or brokerage –
  fees for professional or technical services
• India’s Double Taxation Avoidance Agreement (DTAA)




                      5|Page
Course module


   1. Introduction to Sports


          • Definition of Sports
          • History of Sports – The origin and development of Individual
             sports
          • Sports culture in India
          • Classification
          • Sports Psychology


      2 State and Sports Law

          • Sports and Indian Constitution
          • Organization and Functions of The Ministry of Youth Affairs
             and Sports
          • Functions of National Sports Federations
          • The Indian Olympic Association (IOC)
          • The National Sports Policy, 2001


Cases.
1. Zee Telefilms Ltd and Anr. v. Union of India and Ors. AIR 2005 SC
   2677
2. Secretary, Ministry of Information and Broadcasting, government of
   India and Ors v. Cricket Association of Bengal and Ors. AIR 1995 SC
   1236
3. M/s Narinder Batra v. Union of India. W.P © 7868/2005
4. Ajay Jadeja v. Union of India and Ors. 95 (2002) DLT 14


                                   6|Page
5. Rahul Mehra v. Union of India and Ors. 114 (2004) DLT 323
6. Pradeep Kumar Biswas’s case. (2002) 5 SCC 111


   3. Gender Discrimination in sports

         • Women and sports in India
         • International Scenario – UNESCO – The International Olympic
            Committee –
         • Depiction of women by the media
         • The Problem of Indian Origin versus Indian Citizenship –
         • Gender Testing and Human Rights
Cases.
1. Vishaka v. State of Rajasthan. AIR 1997 SC 3011
2. Makinnon Mackenzie and Co Ltd v. Audrey D’Costa. AIR 1987 SC 1281
3. Karm Kumar v. Union of India and others. W.P.(C) No. 3049 of 2008
4. Sorab Singh Gill v. Union of India. CWP No. 18093 of 2009


   4. The Legal Regulation of Drugs in Sports

         • World Anti-Doping Agency
         • National Anti-Doping Agency
         • Sanctions under doping in sports
         • National Doping Laboratory
Cases
1. Kharak Singh v. State of UP. AIR 1963
2. R Rajagopal v. State of Tamil Nadu (1994) 6 SCC 632


   5. Sports as Business



                               7|Page
• Commercialisation of Sports – BCCI and IPL, ICC
         • Competition Law and Sports
         • Betting in Sports – Law related to Gambling in India – should
            sports betting be legalized – Betting in Cricket
   Cases.
1. Shri Girdhari Lal v. All India Chess Federation
2. Indian Olympic Association v. Veeresh Malik and Ors
3. Percept D’Mark v. Zaheer Khan
4. Central Inland Water Transport Corpn. Ltd v. Brojo Nath. (196) 3 SCC
5. L.I.C of India v. C.E.R.C. (1995) 5 SCC


   6. Sports Contracts

         • Law of Contract and sports – Kinds of Sports Contracts
         • Sports Related Contracts of Employment – Formation and
            capacity to contract- work permits- protection of minors
         • Labour and Contractual Issues in Sports – Contract of Service
            and Contract for Service – Master Servant or Principal Agent
            relationship – Formation of Unions- Transfer of players –
            Termination of a Sports Contract


   7. Dispute Resolution in Sports – Arbitration and other ADR methods

         • Governing Bodies – Court of Arbitration for Sports (CAS)
         • Dispute Resolution on field
         • Internal Disciplinary Procedure
         • Type of ADR in Sports – Arbitration – Mediation – Sports
            ombudsman-Expert determination- Good offices- Negotiation-
            Conciliation

                                8|Page
• Indian Arbitration and Conciliation Act, 1996 and Sports
           • Enforcement of An Arbitration Award


   Cases
1. Sukanya Holdings. (2003) 5 SCC 531
2. Venture Global Engineering v. Satyam Computer Services.




   8. Violence in Sports and Sports Injuries

           • Criminal Liability in Sports- Indian Penal Code and sports
           • Civil Liability in Sports Injuries-    Negligence in sports –
              Voluntary Assumption of Risk
           • Liability of persons associated with sports – Liability of
              officials –Liability of Organizers


   Cases
1. Post Graduate Institute of Medical Education and Research, Chandigarh
   v. Jaspal Singh and Ors. (2009) 7 SCC
2. Syed Akbar v. State of Karnataka. 1979 Cri LJ 1374
3. Bhalchandra Waman Pathe v. State of Maharashtra. 1968 ACJ 38
4. MS Grewal and Anr v. Deep Chand Sood and Ors (2001) SCC 151
5. Jacob Mathew v. State of Punjab and Anr. (2005) 6 SCC 1
6. Poonam Verma v. Ashwin Patel and others (1996) 4 SCC 332
7. Kishore Lal v. Chairman, ESI Corp AIR 2007 SC 1819


   9. Intellectual Property Rights and Sports Broadcasting




                                  9|Page
• Ambush     Marketing     –     Categories   ,       Sponsorship     and
              Endorsements – Commonwealth Games and Intellectual
              Property – Player endorsement and Image rights- Sports
              Merchandising – Brand Protection
           • Sports Broadcasting – Methods of Sports Broadcasting – Sports
              Broadcasting Signals (Mandatory Sharing with Prasar Bharati)
              Act 2007 – Broadcasting of sporting events of National
              Importance
           • International   Broadcasting      Legislation   -       Overspill    in
              Broadcasting and revenue Losses
           • News Reporting and sports reporting
   Cases
1. Victoria Park Racing and Recreation Grounds Co. Ltd v. Taylor. (1937)
   58 CLR 479.
2. ICC Development ( International) Ltd v. Arvee Enterprises and Anr 2004
   (1) RAJ 10.
3. ICC Development (International) Ltd v. Ever Green Service Station and
   Anr. (102 (2003) DLT 723.
4. Mr. Mahesh Bhatt and Kasturi and Sons v. Union of India and Anr. 147
   (200) DLT 561.
5. Satyam Infoway Ltd v. Sifynet Solutions Pvt Ltd. AIR 2004 SC 3540
6. K Narayanan v. S. Murali. AIR 200 SC 3216
7. Reeja v. State of Kerala. 2004 (3) KLT 599
8. Secretary Ministry of Information and Broadcasting v. Cricket
   Association of Bengal. AIR 1995 SC 1236
9. ESPN STAR Sports v. Global Broadcast News Ltd. 2008 (38) PTC 477
10.Prasar Bharati v. Sahara TV Network Pvt Ltd 2006 (32)




                                10 | P a g e
10. Taxation and Sports

               • Sports and Income Tax Act, 1961 – Types of Taxation
               • Withholding of Tax ( Deduction of Tax at Source) – Salary –
                  Interest – Dividents- Winning from Lottery or Crossword
                  puzzles – Winning from horse race – payments to non-resident
                  sportsmen or sports associations – commission or brokerage –
                  fees for professional or technical services
               • India’s Double Taxation Avoidance Agreement (DTAA)
      Cases.
   1. Lakshminarayan Ram Gopal & Son Ltd v. Government of Hyderabad
      (1954) 25 ITR 449 (SC)
   2. The Transmission Corporation of AP Ltd and Anr. v. The Commissioner
      of Income Tax, AP. (1999) 239 ITR 537


References:


       Mudgal Mukul, Law and Sports in India – Developmental Issues and
            Challenges, Lexis Nexis-Butterworths Wadhwa, Nagpur, 2011

       Anderson Jack, Modern Sports Law, Hart Publishing- Oxford and
            Portland, Oregon, 2010

       Alexandre Miguel Mestre, The Law of the Olympic Games, T.M.C.
            Asser Press, Asser International Sports Law Series, The Hague, The
            Netherlands, 2009

Articles:




                                      11 | P a g e
Relevant research articles, write-ups will be given separately as study
material to students.




                                Lesson/Teaching Plan


                Total Teaching Hours:-
  Sr       Date         Unit            Topic and Sub Topic              Hours.
  No
  1                      1     Introduction to Sports

   2                     2     State and Sports Law
   3                     3     Gender Discrimination in sports


   4                     4     The Legal Regulation of Drugs in Sports


   5                     5     Sports as Business
   6                     6     Sports Contracts
   7                     7     Dispute Resolution in Sports –
                               Arbitration and other ADR methods
   8                     8     Violence in Sports and Sports Injuries
   9                     9     Intellectual Property Rights and Sports
                               Broadcasting
  10                     9     Intellectual Property Rights and Sports
                               Broadcasting
  11                    10     Taxation and Sports




                                       12 | P a g e
Term Assignment Assessment Criteria
Term Assignment:
Sr.N        Date of TA            Nature of TA                   marks
  o
  1                             Panel discussion                  35
  2                            Case analysis and                  35
                                 presentation
  3                                   C.E                         30

Assessment criteria:
Panel discussion
          Understanding the object/problem 10 marks
          Write up on the given topic 10 marks
               Presentation 15 marks
Case Analysis:
          Identifying the basic Issues involved 10 marks
          Application of the Law on the issue         10 marks
          Written submission                          10 marks


            Mid Semester and Block Semester Examination Syllabus


Mid Semester Syllabus:- First four units( Introduction to Sports, State and
Sports Law, Gender Discrimination in Sports, Legal Regulation of drugs in
sports)


Block Semester Examination Syllabus:-First five units ( 4 units + Sports as
Business)



                                       13 | P a g e

Mais conteúdo relacionado

Mais procurados

Code of civil procedure 1908 parties to suit
Code of civil procedure 1908 parties to suitCode of civil procedure 1908 parties to suit
Code of civil procedure 1908 parties to suitDr. Vikas Khakare
 
Legitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International LawLegitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
 
Jurisprudence introduction .
Jurisprudence   introduction .Jurisprudence   introduction .
Jurisprudence introduction .Sunishtha Moghe
 
Indian Judiciary on Human Rights & Armed Forces
Indian Judiciary on Human Rights & Armed ForcesIndian Judiciary on Human Rights & Armed Forces
Indian Judiciary on Human Rights & Armed ForcesNilendra Kumar
 
Law case study by neetu
Law case study by neetuLaw case study by neetu
Law case study by neetuNeetu Marwah
 
Application of internet computer in legal research
Application of internet computer in legal researchApplication of internet computer in legal research
Application of internet computer in legal researchProf. (Dr.) Tabrez Ahmad
 
fundamental rule of pleading, order -6 of cpc
 fundamental rule of pleading, order -6 of cpc fundamental rule of pleading, order -6 of cpc
fundamental rule of pleading, order -6 of cpcgagan deep
 
The concept of Marriage under Private International Law
The concept of Marriage under Private International LawThe concept of Marriage under Private International Law
The concept of Marriage under Private International Lawcarolineelias239
 
Maintenance under CrPC
Maintenance under CrPCMaintenance under CrPC
Maintenance under CrPCSimran Shaikh
 
The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908PRATHYUSHAP15
 
The Legal Services Authority Act,1987.pptx
The Legal Services Authority Act,1987.pptxThe Legal Services Authority Act,1987.pptx
The Legal Services Authority Act,1987.pptxPrachiLekhaSahoo
 
What is lok adalat
What is  lok adalatWhat is  lok adalat
What is lok adalatKiran Varma
 
Kesavnanda bharti case
Kesavnanda bharti caseKesavnanda bharti case
Kesavnanda bharti caseKiran Varma
 
Private international Law
Private international LawPrivate international Law
Private international LawAnum Chaudhary
 

Mais procurados (20)

LLB LAW NOTES ON LAW OF HUMAN RIGHTS
LLB LAW NOTES ON LAW OF HUMAN RIGHTSLLB LAW NOTES ON LAW OF HUMAN RIGHTS
LLB LAW NOTES ON LAW OF HUMAN RIGHTS
 
Code of civil procedure 1908 parties to suit
Code of civil procedure 1908 parties to suitCode of civil procedure 1908 parties to suit
Code of civil procedure 1908 parties to suit
 
Legitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International LawLegitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International Law
 
Res gestae
Res gestaeRes gestae
Res gestae
 
Jurisprudence introduction .
Jurisprudence   introduction .Jurisprudence   introduction .
Jurisprudence introduction .
 
Indian Judiciary on Human Rights & Armed Forces
Indian Judiciary on Human Rights & Armed ForcesIndian Judiciary on Human Rights & Armed Forces
Indian Judiciary on Human Rights & Armed Forces
 
Law case study by neetu
Law case study by neetuLaw case study by neetu
Law case study by neetu
 
Application of internet computer in legal research
Application of internet computer in legal researchApplication of internet computer in legal research
Application of internet computer in legal research
 
LLB LAW NOTES ON LAW OF TAXATION
LLB LAW NOTES ON LAW OF TAXATIONLLB LAW NOTES ON LAW OF TAXATION
LLB LAW NOTES ON LAW OF TAXATION
 
fundamental rule of pleading, order -6 of cpc
 fundamental rule of pleading, order -6 of cpc fundamental rule of pleading, order -6 of cpc
fundamental rule of pleading, order -6 of cpc
 
Roscoe pound
Roscoe poundRoscoe pound
Roscoe pound
 
The concept of Marriage under Private International Law
The concept of Marriage under Private International LawThe concept of Marriage under Private International Law
The concept of Marriage under Private International Law
 
Maintenance under CrPC
Maintenance under CrPCMaintenance under CrPC
Maintenance under CrPC
 
The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908The Code of Civil Procedure, 1908
The Code of Civil Procedure, 1908
 
The Legal Services Authority Act,1987.pptx
The Legal Services Authority Act,1987.pptxThe Legal Services Authority Act,1987.pptx
The Legal Services Authority Act,1987.pptx
 
Feminist jurisprudence
Feminist jurisprudenceFeminist jurisprudence
Feminist jurisprudence
 
What is lok adalat
What is  lok adalatWhat is  lok adalat
What is lok adalat
 
JURISPRUDENCE
JURISPRUDENCEJURISPRUDENCE
JURISPRUDENCE
 
Kesavnanda bharti case
Kesavnanda bharti caseKesavnanda bharti case
Kesavnanda bharti case
 
Private international Law
Private international LawPrivate international Law
Private international Law
 

Destaque

Destaque (18)

Sports law chapter 13 presentation
Sports law chapter 13 presentationSports law chapter 13 presentation
Sports law chapter 13 presentation
 
Sports law
Sports lawSports law
Sports law
 
Chapter 1 Presentation - SPB 309
Chapter 1 Presentation - SPB 309Chapter 1 Presentation - SPB 309
Chapter 1 Presentation - SPB 309
 
Community Relations & its Role in Corporate Image (A case study of Shell Nige...
Community Relations & its Role in Corporate Image (A case study of Shell Nige...Community Relations & its Role in Corporate Image (A case study of Shell Nige...
Community Relations & its Role in Corporate Image (A case study of Shell Nige...
 
Antitrust and labor relations in sports
Antitrust and labor relations in sportsAntitrust and labor relations in sports
Antitrust and labor relations in sports
 
Sports law
Sports lawSports law
Sports law
 
Andrew rastall
Andrew rastallAndrew rastall
Andrew rastall
 
Master ppt social
Master ppt socialMaster ppt social
Master ppt social
 
Group dynamics & team building
Group dynamics & team buildingGroup dynamics & team building
Group dynamics & team building
 
Indian Evidence Act
Indian Evidence ActIndian Evidence Act
Indian Evidence Act
 
Delegated legislation
Delegated legislationDelegated legislation
Delegated legislation
 
(1) evidence (overview)
(1) evidence (overview)(1) evidence (overview)
(1) evidence (overview)
 
EVIDENCE 2
EVIDENCE 2EVIDENCE 2
EVIDENCE 2
 
Lecture 10 law of tort
Lecture 10  law of tort Lecture 10  law of tort
Lecture 10 law of tort
 
Administrative law
Administrative lawAdministrative law
Administrative law
 
Ch3 1 powerpoint Tort Law
Ch3 1 powerpoint Tort LawCh3 1 powerpoint Tort Law
Ch3 1 powerpoint Tort Law
 
Group and Team
Group and Team Group and Team
Group and Team
 
Team Vs Group
Team Vs GroupTeam Vs Group
Team Vs Group
 

Semelhante a Sports law module

2011.03.25 role of stake holders in sports industry
2011.03.25 role of stake holders in sports industry2011.03.25 role of stake holders in sports industry
2011.03.25 role of stake holders in sports industryLaw Consults
 
Human Rights in Sport Checklist
Human Rights in Sport Checklist Human Rights in Sport Checklist
Human Rights in Sport Checklist aliathletesforum
 
Sports Arbitration Essentials: The Practitioner's Kit Bag - Paul Hayes
Sports Arbitration Essentials: The Practitioner's Kit Bag - Paul HayesSports Arbitration Essentials: The Practitioner's Kit Bag - Paul Hayes
Sports Arbitration Essentials: The Practitioner's Kit Bag - Paul Hayes39 Essex Chambers
 
A framework for athletes' rights and human rights in sports
A framework for athletes' rights and human rights in sportsA framework for athletes' rights and human rights in sports
A framework for athletes' rights and human rights in sportsaliathletesforum
 
Manuscript
ManuscriptManuscript
Manuscriptmandu23
 
Athletes rights-and-responsibilities-declaration 2018.10.07
Athletes rights-and-responsibilities-declaration 2018.10.07Athletes rights-and-responsibilities-declaration 2018.10.07
Athletes rights-and-responsibilities-declaration 2018.10.07Miguel Nacarino Karateyalgomas
 
Governing bodies and policies of physical education and
Governing bodies and policies of physical education andGoverning bodies and policies of physical education and
Governing bodies and policies of physical education andAssociate professor
 
Indian sports and business ethics
Indian sports and business ethicsIndian sports and business ethics
Indian sports and business ethicsRaman2828
 
Pdf Regulation of Sport
Pdf Regulation of SportPdf Regulation of Sport
Pdf Regulation of Sportalvalero
 
International Sports Law, Lecture at BSEU on 26-09-2012
International Sports Law, Lecture at BSEU on 26-09-2012 International Sports Law, Lecture at BSEU on 26-09-2012
International Sports Law, Lecture at BSEU on 26-09-2012 Dr. Aliaksandr Danilevich
 
The sports industry in 2020
The sports industry in 2020The sports industry in 2020
The sports industry in 2020sanjaypareek15
 
India's First Report on Legality of Fantasy Sports
India's First Report on Legality of Fantasy Sports India's First Report on Legality of Fantasy Sports
India's First Report on Legality of Fantasy Sports IFSG_Official
 
Sports 2.0 : The Changing Face Of Sports & The Sporting Experience
Sports 2.0 : The Changing Face Of Sports & The Sporting ExperienceSports 2.0 : The Changing Face Of Sports & The Sporting Experience
Sports 2.0 : The Changing Face Of Sports & The Sporting ExperienceInstitute of Customer Experience
 
PE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptx
PE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptxPE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptx
PE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptxArriene Chris Diongson
 

Semelhante a Sports law module (20)

Sports in India.pptx
Sports in India.pptxSports in India.pptx
Sports in India.pptx
 
2011.03.25 role of stake holders in sports industry
2011.03.25 role of stake holders in sports industry2011.03.25 role of stake holders in sports industry
2011.03.25 role of stake holders in sports industry
 
Human Rights in Sport Checklist
Human Rights in Sport Checklist Human Rights in Sport Checklist
Human Rights in Sport Checklist
 
Sports Arbitration Essentials: The Practitioner's Kit Bag - Paul Hayes
Sports Arbitration Essentials: The Practitioner's Kit Bag - Paul HayesSports Arbitration Essentials: The Practitioner's Kit Bag - Paul Hayes
Sports Arbitration Essentials: The Practitioner's Kit Bag - Paul Hayes
 
A framework for athletes' rights and human rights in sports
A framework for athletes' rights and human rights in sportsA framework for athletes' rights and human rights in sports
A framework for athletes' rights and human rights in sports
 
Manuscript
ManuscriptManuscript
Manuscript
 
Athletes rights-and-responsibilities-declaration 2018.10.07
Athletes rights-and-responsibilities-declaration 2018.10.07Athletes rights-and-responsibilities-declaration 2018.10.07
Athletes rights-and-responsibilities-declaration 2018.10.07
 
Governing bodies and policies of physical education and
Governing bodies and policies of physical education andGoverning bodies and policies of physical education and
Governing bodies and policies of physical education and
 
Indian sports and business ethics
Indian sports and business ethicsIndian sports and business ethics
Indian sports and business ethics
 
Pdf Regulation of Sport
Pdf Regulation of SportPdf Regulation of Sport
Pdf Regulation of Sport
 
Mary hums human rights in sport checklist
Mary hums  human rights in sport checklistMary hums  human rights in sport checklist
Mary hums human rights in sport checklist
 
International Sports Law, Lecture at BSEU on 26-09-2012
International Sports Law, Lecture at BSEU on 26-09-2012 International Sports Law, Lecture at BSEU on 26-09-2012
International Sports Law, Lecture at BSEU on 26-09-2012
 
projectsports
projectsportsprojectsports
projectsports
 
The sports industry in 2020
The sports industry in 2020The sports industry in 2020
The sports industry in 2020
 
India's First Report on Legality of Fantasy Sports
India's First Report on Legality of Fantasy Sports India's First Report on Legality of Fantasy Sports
India's First Report on Legality of Fantasy Sports
 
Sports in india
Sports in indiaSports in india
Sports in india
 
Sports 2.0 : The Changing Face Of Sports & The Sporting Experience
Sports 2.0 : The Changing Face Of Sports & The Sporting ExperienceSports 2.0 : The Changing Face Of Sports & The Sporting Experience
Sports 2.0 : The Changing Face Of Sports & The Sporting Experience
 
Introduction to SM.pptx
Introduction to SM.pptxIntroduction to SM.pptx
Introduction to SM.pptx
 
Business-of-Sports
Business-of-SportsBusiness-of-Sports
Business-of-Sports
 
PE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptx
PE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptxPE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptx
PE-205-REPORT-LAW-P.E.-mmmmmmSPORTS.pptx
 

Sports law module

  • 1. NIRMA UNIVERSITY INSTITUTE OF LAW B.A., LL.B. (Hons.) Programme Academic Year Semester – X SPORTS LAW Course Code:- Course Module (Optional Course II) Course Co-ordinator: Mr. Renjith thomas Asst. Prof. in Law ILNU- Ahmedabad. 1|Page
  • 2. Syllabus 1. Introduction to Sports • Definition of Sports • History of Sports – The origin and development of Individual sports • Sports culture in India • Classification • Sports Psychology 2. State and Sports Law • Sports and Indian Constitution • Organization and Functions of The Ministry of Youth Affairs and Sports • Functions of National Sports Federations • The Indian Olympic Association (IOC) • The National Sports Policy, 2001 3. Gender Discrimination in sports • Women and sports in India • International Scenario – UNESCO – The International Olympic Committee – • Depiction of women by the media • The Problem of Indian Origin versus Indian Citizenship – • Gender Testing and Human Rights 2|Page
  • 3. 4. The Legal Regulation of Drugs in Sports • World Anti-Doping Agency • National Anti-Doping Agency • Sanctions under doping in sports • National Doping Laboratory 5. Sports as Business • Commercialisation of Sports – BCCI and IPL, ICC • Competition Law and Sports • Betting in Sports – Law related to Gambling in India – should sports betting be legalized – Betting in Cricket 6. Sports Contracts • Law of Contract and sports – Kinds of Sports Contracts • Sports Related Contracts of Employment – Formation and capacity to contract- work permits- protection of minors • Labour and Contractual Issues in Sports – Contract of Service and Contract for Service – Master Servant or Principal Agent relationship – Formation of Unions- Transfer of players – Termination of a Sports Contract 7. Dispute Resolution in Sports – Arbitration and other ADR methods • Governing Bodies – Court of Arbitration for Sports (CAS) • Dispute Resolution on field • Internal Disciplinary Procedure 3|Page
  • 4. • Type of ADR in Sports – Arbitration – Mediation – Sports ombudsman-Expert determination- Good offices- Negotiation- Conciliation • Indian Arbitration and Conciliation Act, 1996 and Sports • Enforcement of An Arbitration Award 8. Violence in Sports and Sports Injuries • Criminal Liability in Sports- Indian Penal Code and sports • Civil Liability in Sports Injuries- Negligence in sports – Voluntary Assumption of Risk • Liability of persons associated with sports – Liability of officials –Liability of Organizers 9. Intellectual Property Rights and Sports Broadcasting • Ambush Marketing – Categories , Sponsorship and Endorsements – Commonwealth Games and Intellectual Property – Player endorsement and Image rights- Sports Merchandising – Brand Protection • Sports Broadcasting – Methods of Sports Broadcasting – Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007 – Broadcasting of sporting events of National Importance • International Broadcasting Legislation - Overspill in Broadcasting and revenue Losses • News Reporting and sports reporting 10.Taxation and Sports • Sports and Income Tax Act, 1961 – Types of Taxation 4|Page
  • 5. • Withholding of Tax ( Deduction of Tax at Source) – Salary – Interest – Dividents- Winning from Lottery or Crossword puzzles – Winning from horse race – payments to non-resident sportsmen or sports associations – commission or brokerage – fees for professional or technical services • India’s Double Taxation Avoidance Agreement (DTAA) 5|Page
  • 6. Course module 1. Introduction to Sports • Definition of Sports • History of Sports – The origin and development of Individual sports • Sports culture in India • Classification • Sports Psychology 2 State and Sports Law • Sports and Indian Constitution • Organization and Functions of The Ministry of Youth Affairs and Sports • Functions of National Sports Federations • The Indian Olympic Association (IOC) • The National Sports Policy, 2001 Cases. 1. Zee Telefilms Ltd and Anr. v. Union of India and Ors. AIR 2005 SC 2677 2. Secretary, Ministry of Information and Broadcasting, government of India and Ors v. Cricket Association of Bengal and Ors. AIR 1995 SC 1236 3. M/s Narinder Batra v. Union of India. W.P © 7868/2005 4. Ajay Jadeja v. Union of India and Ors. 95 (2002) DLT 14 6|Page
  • 7. 5. Rahul Mehra v. Union of India and Ors. 114 (2004) DLT 323 6. Pradeep Kumar Biswas’s case. (2002) 5 SCC 111 3. Gender Discrimination in sports • Women and sports in India • International Scenario – UNESCO – The International Olympic Committee – • Depiction of women by the media • The Problem of Indian Origin versus Indian Citizenship – • Gender Testing and Human Rights Cases. 1. Vishaka v. State of Rajasthan. AIR 1997 SC 3011 2. Makinnon Mackenzie and Co Ltd v. Audrey D’Costa. AIR 1987 SC 1281 3. Karm Kumar v. Union of India and others. W.P.(C) No. 3049 of 2008 4. Sorab Singh Gill v. Union of India. CWP No. 18093 of 2009 4. The Legal Regulation of Drugs in Sports • World Anti-Doping Agency • National Anti-Doping Agency • Sanctions under doping in sports • National Doping Laboratory Cases 1. Kharak Singh v. State of UP. AIR 1963 2. R Rajagopal v. State of Tamil Nadu (1994) 6 SCC 632 5. Sports as Business 7|Page
  • 8. • Commercialisation of Sports – BCCI and IPL, ICC • Competition Law and Sports • Betting in Sports – Law related to Gambling in India – should sports betting be legalized – Betting in Cricket Cases. 1. Shri Girdhari Lal v. All India Chess Federation 2. Indian Olympic Association v. Veeresh Malik and Ors 3. Percept D’Mark v. Zaheer Khan 4. Central Inland Water Transport Corpn. Ltd v. Brojo Nath. (196) 3 SCC 5. L.I.C of India v. C.E.R.C. (1995) 5 SCC 6. Sports Contracts • Law of Contract and sports – Kinds of Sports Contracts • Sports Related Contracts of Employment – Formation and capacity to contract- work permits- protection of minors • Labour and Contractual Issues in Sports – Contract of Service and Contract for Service – Master Servant or Principal Agent relationship – Formation of Unions- Transfer of players – Termination of a Sports Contract 7. Dispute Resolution in Sports – Arbitration and other ADR methods • Governing Bodies – Court of Arbitration for Sports (CAS) • Dispute Resolution on field • Internal Disciplinary Procedure • Type of ADR in Sports – Arbitration – Mediation – Sports ombudsman-Expert determination- Good offices- Negotiation- Conciliation 8|Page
  • 9. • Indian Arbitration and Conciliation Act, 1996 and Sports • Enforcement of An Arbitration Award Cases 1. Sukanya Holdings. (2003) 5 SCC 531 2. Venture Global Engineering v. Satyam Computer Services. 8. Violence in Sports and Sports Injuries • Criminal Liability in Sports- Indian Penal Code and sports • Civil Liability in Sports Injuries- Negligence in sports – Voluntary Assumption of Risk • Liability of persons associated with sports – Liability of officials –Liability of Organizers Cases 1. Post Graduate Institute of Medical Education and Research, Chandigarh v. Jaspal Singh and Ors. (2009) 7 SCC 2. Syed Akbar v. State of Karnataka. 1979 Cri LJ 1374 3. Bhalchandra Waman Pathe v. State of Maharashtra. 1968 ACJ 38 4. MS Grewal and Anr v. Deep Chand Sood and Ors (2001) SCC 151 5. Jacob Mathew v. State of Punjab and Anr. (2005) 6 SCC 1 6. Poonam Verma v. Ashwin Patel and others (1996) 4 SCC 332 7. Kishore Lal v. Chairman, ESI Corp AIR 2007 SC 1819 9. Intellectual Property Rights and Sports Broadcasting 9|Page
  • 10. • Ambush Marketing – Categories , Sponsorship and Endorsements – Commonwealth Games and Intellectual Property – Player endorsement and Image rights- Sports Merchandising – Brand Protection • Sports Broadcasting – Methods of Sports Broadcasting – Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007 – Broadcasting of sporting events of National Importance • International Broadcasting Legislation - Overspill in Broadcasting and revenue Losses • News Reporting and sports reporting Cases 1. Victoria Park Racing and Recreation Grounds Co. Ltd v. Taylor. (1937) 58 CLR 479. 2. ICC Development ( International) Ltd v. Arvee Enterprises and Anr 2004 (1) RAJ 10. 3. ICC Development (International) Ltd v. Ever Green Service Station and Anr. (102 (2003) DLT 723. 4. Mr. Mahesh Bhatt and Kasturi and Sons v. Union of India and Anr. 147 (200) DLT 561. 5. Satyam Infoway Ltd v. Sifynet Solutions Pvt Ltd. AIR 2004 SC 3540 6. K Narayanan v. S. Murali. AIR 200 SC 3216 7. Reeja v. State of Kerala. 2004 (3) KLT 599 8. Secretary Ministry of Information and Broadcasting v. Cricket Association of Bengal. AIR 1995 SC 1236 9. ESPN STAR Sports v. Global Broadcast News Ltd. 2008 (38) PTC 477 10.Prasar Bharati v. Sahara TV Network Pvt Ltd 2006 (32) 10 | P a g e
  • 11. 10. Taxation and Sports • Sports and Income Tax Act, 1961 – Types of Taxation • Withholding of Tax ( Deduction of Tax at Source) – Salary – Interest – Dividents- Winning from Lottery or Crossword puzzles – Winning from horse race – payments to non-resident sportsmen or sports associations – commission or brokerage – fees for professional or technical services • India’s Double Taxation Avoidance Agreement (DTAA) Cases. 1. Lakshminarayan Ram Gopal & Son Ltd v. Government of Hyderabad (1954) 25 ITR 449 (SC) 2. The Transmission Corporation of AP Ltd and Anr. v. The Commissioner of Income Tax, AP. (1999) 239 ITR 537 References:  Mudgal Mukul, Law and Sports in India – Developmental Issues and Challenges, Lexis Nexis-Butterworths Wadhwa, Nagpur, 2011  Anderson Jack, Modern Sports Law, Hart Publishing- Oxford and Portland, Oregon, 2010  Alexandre Miguel Mestre, The Law of the Olympic Games, T.M.C. Asser Press, Asser International Sports Law Series, The Hague, The Netherlands, 2009 Articles: 11 | P a g e
  • 12. Relevant research articles, write-ups will be given separately as study material to students. Lesson/Teaching Plan Total Teaching Hours:- Sr Date Unit Topic and Sub Topic Hours. No 1 1 Introduction to Sports 2 2 State and Sports Law 3 3 Gender Discrimination in sports 4 4 The Legal Regulation of Drugs in Sports 5 5 Sports as Business 6 6 Sports Contracts 7 7 Dispute Resolution in Sports – Arbitration and other ADR methods 8 8 Violence in Sports and Sports Injuries 9 9 Intellectual Property Rights and Sports Broadcasting 10 9 Intellectual Property Rights and Sports Broadcasting 11 10 Taxation and Sports 12 | P a g e
  • 13. Term Assignment Assessment Criteria Term Assignment: Sr.N Date of TA Nature of TA marks o 1 Panel discussion 35 2 Case analysis and 35 presentation 3 C.E 30 Assessment criteria: Panel discussion Understanding the object/problem 10 marks Write up on the given topic 10 marks Presentation 15 marks Case Analysis: Identifying the basic Issues involved 10 marks Application of the Law on the issue 10 marks Written submission 10 marks Mid Semester and Block Semester Examination Syllabus Mid Semester Syllabus:- First four units( Introduction to Sports, State and Sports Law, Gender Discrimination in Sports, Legal Regulation of drugs in sports) Block Semester Examination Syllabus:-First five units ( 4 units + Sports as Business) 13 | P a g e