PUBlisheR: Global sports policy review
Volume 3 | Issue 1 (fall 2023)
TABLE OF CONTENTS
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1. ‘Raison d’étre’ of Popular Indian Sports Culture - A Socio-Legal Perspective
Author: Sonal Sinha, Law Scholar, Symbiosis Law School Hyderabad, ORCID ID: https://orcid.org/0000-0002-8371-7458
Sports history is a fundamental key to understanding a Nation’s political process, nationalism, and colonial culture. Bengal’s unique sport standing leads one to a discursive outlay of its radical imperialist-nationalist policies against the British with pride and purpose. All people made their own contributions, some as distinct as bhadralok, whose education led them to recreate vernacular sports journalism, attacking an ongoing English regime of the British. It gave a new genre to sports history. However, in the later part, good-humored Europeans saw through sentiments of resistance and subversion in their ideological colonial struggle. An attempt is made to recreate the Bengali solidarity regime through their unique mass-gathering Bengali sports journalism, the role of organized sports, and the subtle ideology of colonialism and game ethic. In this article, the author discusses how Indian Sports grew as a popular culture in the first place. Why cultural perspective is a mere undertone? Does culture form the superstructure for a broader bureaucratic gridlock or judicial intervention? How has judicial development turned out post-independence? Has journalistic writing in vernacular and English held any significance in helping realize the popular sports culture? Lastly, how effective has language or journalism been in creating a national foundation or international stronghold and goodwill temperament between India and the world nations?
Keywords: Culture, sports journalism, colonial history, resistance, subversion, vernacular reports
2. Cricket and the Law of Negligence- Injury to Non-Participants
Author: Advaith Agrawal, Law Scholar, NALSAR University of Law, Hyderabad
Imagine you are casually walking on the street, and suddenly a cricket ball hits you. How would the law react to such a situation? It is apparent that you have been injured. But is there a remedy for you in the courts? This article examines the legal implications surrounding injuries to non-participants caused by cricket balls through a tort law perspective, focusing on the English common law framework.
The analysis begins by discussing the concept of assumption of risk by spectators and passers-by, establishing the background for English courts' approach to establishing liability. It investigates the factors considered by the courts in determining fault-based remedies for injured non-participants and examines the available defenses for alleged injurers. Furthermore, the article delves into the influence of specific factual circumstances on the court's decisions, exploring whether there is a principle-based application of the law or a case-by-case assessment. It must be noted that it maintains a distinction between casual viewers and ticketed spectators, with the focus being the former.
By studying the jurisprudence surrounding cricket ball injuries to non-participants, this article seeks to shed light on a legally overlooked aspect of the sport. It aims to unravel the factors that English courts consider in establishing liability, contributing to a better understanding of the common law framework governing such incidents. Overall, this analysis addresses the significance of negligence law in instances where non-participants are injured by cricket balls and aims to provide valuable insights into the legal treatment of such incidents in the context of cricketing nations.
Keywords: Tort law, cricket, English jurisprudence, negligence, assumption of risk, fault-based liability
3. Need for an Independent Regulatory Authority in Sports (SRAI- Sports Regulatory Authority of India)
Author: Aditya Singh Raghav, Law Scholar, National Law University, Delhi, ORCID ID- https://orcid.org/0000-0002-0208-8742
The Indian Olympics Association (IOA) has been a sports organization in India, which was in the news as its constitution was not complying with the provisions of the Sports Development Code of the government. Similar goes for the Wrestling Federation of India (WFI) and some other sports boards which have been recently in news for lack of proper governance. The question which is raised by this news is could this have been avoided or at least tackled efficiently by a regulatory authority of sports whose primary role is governing sports in India. The main crux of the paper is to focus on the need for an independent sports regulator in India, by citing lack of efficient competent regulations in most of the sports federations.
Similar was the issue with Indian Football where Indian Football was banned by the Federation International de Football (FIFA), which is the international football regulatory body, owing to regulation issues. It has often been seen that most of the sports issues, cases, etc. are dealt with by the courts, who have less expertise in this area which makes the decisions taken by them vague up to some extent and if a new progressive regulatory approach is not brought into force in sports area such inefficiency in decision making will not develop sports in India. With changing sports trends in India and new issues like gambling, betting, etc. rising and allegations against sports boards rising, there is a need to bring changes to this complex sports governance model in India and according to author, the Australian model is the best to replicate and bring these changes in the Indian model.
Keywords: Governance, Sports Model, Regulatory Body, Boards
4. Name, Image and Likeness Revolution: The Intellectual Property Takeover in Collegiate Sports
Author: Gaurav Kumar, Law Scholar, Jindal Global Law School, Haryana
The rapid advancements in technology and the increasing influence of social media have revolutionized the way athletes interact with fans and build their personal brands. This has led to a paradigm shift in the sports industry, giving rise to the Name, Image, and Likeness (NIL) revolution. The NIL revolution empowers athletes to monetize their personal brand by capitalizing on their own name, image, and likeness. This paper explores the profound implications of the NIL revolution, its potential to pave the way for an intellectual property takeover in the sports world on a global scale and whether a better collective understanding could help improve the economics of the sport.
Keywords: Intellectual property, NIL, NCAA, personality, image
5. The Biggest Cheating Scandal in The History of Chess: Carlsen v. Niemann - A Case Note
Author: Vinit Gajjar, Law Scholar, Jindal Global Law School, Haryana
Why do people cheat? Because success is addictive. Magnus Carlsen, the 5-time world chess champion was on a 53-game unbeaten streak in classical chess heading into round 3 of the Sinquefield cup wherein he was ‘effortlessly’ defeated by the American chess prodigy Hans Niemann in a 57-move game. A few days later, Carlsen withdraws from the event and puts out a public statement, “I believe that Hans Niemann has cheated”. This paper aims to address this issue of the biggest cheating scandal in chess by studying the role of AI in chess and an analysis of the allegations levelled against Hans Niemann.
Keywords: Chess, cheating, Magnus Carlsen, Hans Niemann, Chess-AI, Chess Engine