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.
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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
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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
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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
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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)
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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
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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
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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
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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)
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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:
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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
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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)
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