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  • 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. Syllabus1. Introduction to Sports • Definition of Sports • History of Sports – The origin and development of Individual sports • Sports culture in India • Classification • Sports Psychology2. 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, 20013. 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 Laboratory5. 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 Cricket6. 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 Contract7. 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 Award8. 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 Organizers9. 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 reporting10.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, 2001Cases.1. Zee Telefilms Ltd and Anr. v. Union of India and Ors. AIR 2005 SC 26772. Secretary, Ministry of Information and Broadcasting, government of India and Ors v. Cricket Association of Bengal and Ors. AIR 1995 SC 12363. M/s Narinder Batra v. Union of India. W.P © 7868/20054. 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 3236. 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 RightsCases.1. Vishaka v. State of Rajasthan. AIR 1997 SC 30112. Makinnon Mackenzie and Co Ltd v. Audrey D’Costa. AIR 1987 SC 12813. Karm Kumar v. Union of India and others. W.P.(C) No. 3049 of 20084. 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 LaboratoryCases1. Kharak Singh v. State of UP. AIR 19632. 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 Federation2. Indian Olympic Association v. Veeresh Malik and Ors3. Percept D’Mark v. Zaheer Khan4. Central Inland Water Transport Corpn. Ltd v. Brojo Nath. (196) 3 SCC5. 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 Cases1. Sukanya Holdings. (2003) 5 SCC 5312. 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 Cases1. Post Graduate Institute of Medical Education and Research, Chandigarh v. Jaspal Singh and Ors. (2009) 7 SCC2. Syed Akbar v. State of Karnataka. 1979 Cri LJ 13743. Bhalchandra Waman Pathe v. State of Maharashtra. 1968 ACJ 384. MS Grewal and Anr v. Deep Chand Sood and Ors (2001) SCC 1515. Jacob Mathew v. State of Punjab and Anr. (2005) 6 SCC 16. Poonam Verma v. Ashwin Patel and others (1996) 4 SCC 3327. 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 Cases1. 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 35406. K Narayanan v. S. Murali. AIR 200 SC 32167. Reeja v. State of Kerala. 2004 (3) KLT 5998. Secretary Ministry of Information and Broadcasting v. Cricket Association of Bengal. AIR 1995 SC 12369. ESPN STAR Sports v. Global Broadcast News Ltd. 2008 (38) PTC 47710.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 537References:  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, 2009Articles: 11 | P a g e
  • 12. Relevant research articles, write-ups will be given separately as studymaterial 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 CriteriaTerm Assignment:Sr.N Date of TA Nature of TA marks o 1 Panel discussion 35 2 Case analysis and 35 presentation 3 C.E 30Assessment criteria:Panel discussion Understanding the object/problem 10 marks Write up on the given topic 10 marks Presentation 15 marksCase 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 SyllabusMid Semester Syllabus:- First four units( Introduction to Sports, State andSports Law, Gender Discrimination in Sports, Legal Regulation of drugs insports)Block Semester Examination Syllabus:-First five units ( 4 units + Sports asBusiness) 13 | P a g e