National Seminar and Bill Analysis Competition Report – 2017-18

Faculty In-charge: Sudhir Tarote, Assistant Professor. Madhura Apte, Assistant Professor.

Student Coordinators: Nidhi Ranka, Karishma Khot, Swati Kshirsagar, Aishwarya Singh, Sidhharth Kaushik

Ethics is knowing the difference between, what you have a right to do, and what is right to do.

Potter Stewart

National Seminar on “Sports Law in India: Issues & Challenges” & National Bill Analysis Competition 5th and 6th March 2018.

About the Seminar

Not only in India but globally, legal regulation of sporting world has become extremely necessary. Sports are played at national and international levels. General Assembly of United Nations has adopted resolution 58/5, which recognises sport and physical education as a means to promote education, health, development and peace. Sports also promote careers and entertainments leading to requirement of regularly measures.

Sports law is an amalgam of laws that apply to athletes and the sports they play. It is not a single legal topic with generally applicable principles. Sports law touches on a varieties of matter including contract, tort, trade mark, agency, antitrust, constitutional law, labour, sex discrimination, criminal and tax issues. There is a huge interest in sports, both on and off the field. The growing media coverage of highly paid athletics, advertising endorsement has let to various legal issues surrounding the sports industry. Sports law is a vital part to sports. There need to be a strong presence of good governance and someone to uphold the rules of game when they come into disrepute.

This National Seminar was organized as an endeavour towards focusing these gray areas related to sport and law. We hope its outcome will be in the interest and benefit of stakeholders such as sport persons, sports organisations, regulatory bodies, lawyers, numerous sport loving Indians and overall development of sports law jurisprudence.

Sub-themes

Dispute resolution in Sports in India

The nature of dispute in Sports is different and it needs a special approach to resolve amicably. Traditional courts are incapable to resolve sports disputes from that perspective, and more importantly they cannot decide the dispute in speedy manner. Resolving a dispute in a very short stipulated time is what expected from dispute resolution system. Variety of disputes can occurred in sports such as issues related to its governance, purely commercial, contractual, disciplinary, discrimination and few are even of a quasi-criminal nature. India needs to have a mechanism with well framed regulations to resolve sports dispute.

Present Regulatory Governance and issues

The current Indian model of sports governance has various stakeholders such as the Ministry of Youth Affairs and Sports, the Indian Olympic Association, the State Olympic Associations, the National Sports Federation and the Sports Authority of India with well defined roles. Sports Associations are not free from allegations of politics, miss governance, discrimination, corruption and so on. The issue of ‘governance’ needs to be studied on the backdrop of Supreme Court intervention and its decision of appointing ‘Committee of Administrators’ (COA), which currently running the administration of the national cricket body.

Anti-doping measures

‘International Convention against Doping in Sport’ in the year 2005 represents the first time that governments around the world have agreed to apply the force of international law to anti-doping. India ratified the said convention on 10th September, 2007. This is important because there are specific areas where only governments possess the means to take the fight against doping forward.

Legal Approach towards Sports in India

In recent years, the State efforts are visible in the form of appointing committees such as Justice Mudgal Committee and draft Bills such as ‘National Sports Development Bill, 2013’, The National Sports Ethics Commission Bill, 2016, The National Sports University Bill, 2017 etc. Legal framework will provide crucial support in the overall development of sports in India. Considering the complexity involved, we must check the feasibility of having legislation, covering all the legal issues related to sports.

Conduct Of Sessions

Dispute resolution in Sports in India

Resource Person: Shri. Shivam Singh, Advocate, Supreme Court of India, New Delhi

Shri. Shivam Singh inaugurated the Seminar and Bill Analysis Competition. In this session, he elaborated on nature of disputes in sports with live examples. He also gave an overview of role of a law and advocate in resolving sports dispute. He explained how arbitration can be used to resolve sports disputes.

Present Regulatory Governance and issues

Resource Person: Shri. Uday Warunjikar, Sr. Advocate, Bombay High Court, Mumbai.

Shri. Warunjikar spoke on the various issues affecting the sports association such as politics, miss governance, discrimination, corruption and hence there is a need to have strong regulatory governance in the field of sports law. He also focused on Australian model and suggested to have similar mechanism in India.

Anti-doping measures

Resource Person: Mr. Nitin Mittal, Associate, Krida-Legal, New Delhi

Mr. Mittal in this session explained and analysed the meaning of word ‘anti-doping’. First he gave few real life examples how doping (drugs) affects the athletes and the reputation of the country and dealt with anti-doping measures. He also spoke on international conventions, India’s obligations and NADA. He elaborated on the statutory procedural aspect in detailed manner.

Legal Approach towards Sports in India

Resource Person: Mr. Vidusphat Singhania, Partner, Krida-Legal, New Delhi

Mr. Singhania, who was one of the members of drafting committee of National Sport Development Bill 2013, discussed the efforts taken by the State for taking Sports law seriously and by appointing various committees and drafting bills such as National Sport Development Bill 2013, the National Sports Ethics Commission Bill 2016 and National Sports University Bill 2017. He spoke on the differences and the effects of the bills.

Valedictory Session:

The National Seminar and Bill Analysis Competition were concluded with the valedictory session. Valedictory session was presided over by Chief Guest, Mr. Vidusphat Singhania, Partner, Krida-Legal, New Delhi. and Dr. Rohini Honap, Principal.

About the Bill Analysis Competition:

‘The National Sports Ethics Commission Bill, 2016’ was given to the participants for analysis. Students from all over India participated in the competition. Preliminary round was conducted on 5th March and judges for the preliminary round were Shri Shirish Kulkarni, Assistant Professor, SLS and Shri. Rohan Mirpury, Advocate, Bombay High Court.

Final round of the competition was conducted on 6th March. Four participants qualified the final round. Judge for the final round was Adv. Abhay Apte, President, Maharashtra Cricket Association. Four colleges reached to the final were

  • Alliance School of Law, Alliance Univerisy, Bengaluru
  • Government Law College, Mumbai
  • Hidayatullah National Law University, Raipur
  • ILS, Pune

Winners and Prizes

Sr. No. Prize Name of Participant Name of the College
1 Winner Shree Shishya Mishra
Mohd. Arif Sayyed
Alliance School of Law, Alliance Univerisy, Bengaluru
2 1st Runner Up Khubi A. Agrawal Government Law College, Mumbai
3 2nd Runner Up Sadhu Samba Kailash Hidayatullah National Law University, Raipur

Guest Lectures / Seminars/ Workshops 2017-18

Sr. No. Speaker Topic of Lecture/Seminar/Workshop Date
1 Adv. Rishabh Gandhi Pre-trial Preparation - Civil 27.07.2017
2 Adv. Sandip Gujarathi Law of Limitation 11.08.2017
3 Adv. Abhishek Chitnis Preparing for Moot Competitions 24.08.2017
4 Prof. H.P. Deshmukh Pre-Trial Preparation – Criminal Case 15.09.2017
5 Adv. Abhijeet Hartalkar Pre-Trial Preparation – Civil Case 16.09.2017
6 Adv. Pramod Bendre Pre-trial Preparation - Civil 21.12.2017
7 Mr. Manish Ghorpade Seminar on ‘Rivers in Pune: Policies and Issues’ 08.01.2018
8 Adv. Supriya Dangare Seminar on ‘Rivers in Pune: Policies and Issues’ 08.01.2018
9 Ms. Deesha Shaikh Youth Day 12.01.2018
10 Mr. Prakash Singh Seminar on “Better Policing” (In association with PCGT) 30.01.2018
11 Mr. Jayant Umranikar Seminar on “Better Policing” (In association with PCGT) 30.01.2018
12 Mr. Anirudha Rajput Currier opportunities in International Law 05.02.2018
13 Prof. Ulhas Bapat Parliamentary democracy under the Indian Constitution 07.02.2018
14 Prof. Dr. Shridhar Gokhale Workshop on Communication Skills 16.02.2018
15 Ms. Mangala Herkal Workshop on Communication Skills 16.02.2018
16 Mr. Upendra Baxi Between Nihilism and Hope: Constitutional Politics of the Supreme Court of India 21.02.2018
17 Adv. Medha Kolhatkar Client Counselling & interviewing Techniques 13.03.2018