Synopsis: Developing Sports Law in India - PhD Research Proposal

This document presents a synopsis of a PhD research proposal focusing on the development of Sports Law in India. The research aims to explore how international rules and regulations, specifically from the WTO, UN, US, UK, and EU, can be incorporated to improve the Indian sports legal framework. The paper examines the current state of Sports Law in India, highlighting the need for uniformity and addressing issues like match-fixing, disciplinary measures, and the conduct of athletes. The research employs a qualitative methodology, utilizing secondary data sources to address key research questions such as how each international body's regulations can contribute to the development of Indian Sports Law. The synopsis also touches upon the role of awards in promoting competitiveness and ethical behavior in sports, aligning with UN sustainable development goals. The paper concludes by referencing relevant literature and provides a concise overview of the proposed research's scope and objectives.

Running head: SPORTS LAW SYNOPSIS
SPORTS LAW SYNOPSIS
Name of the Student
Name of the University
Author Note

1SPORTS LAW SYNOPSIS
Introduction
Sports Law can be best described as the law that governs all matters related to sports.
Therefore, Sports Law depicts the interaction of law with different activities of sports. India
has a rich history in sports where it is believed that famous sports like archery, chess, polo,
wrestling, hockey and many more find their roots in India. The Sports Law in India mainly
governs the issues relating to fixing of match, disciplinary measures, restraint of trade,
conduct of the sportsmen and women, defamation, privacy rights and many more1. There are
some government as well as non-government organizations that looks into different matters
concerning development and conduct of sports in India, which are as follows:
Ministry of Youth Affairs and Sports is a ministry of Indian government that deals
with development and administration of Indian youth and sports in India2. Ministry of Youth
Affairs and Sports is created as an Act in the Constitution of India and decides the recipients
of the highest sports in India namely, Rajiv Gandhi Khel Ratna Award and the Arjuna
Award.
Sports Law and Welfare Association of India is another such professional and non-
profit organization that deals with development, advancement, implementation of ethical
practice in Indian sports3. It mainly deals with sports of legal nature on behalf of sports
bodies and sports persons.
1 Dasgupta, Lovely, and Shameek Sen, eds. Sports Law in India: Policy, Regulation and
Commercialisation. SAGE Publishing India, 2018.
2 "Home | Ministry Of Youth Affairs And Sports | Goi". 2020. Yas.Nic.In. https://yas.nic.in/.
3 SPORTS, GOVERNANCE IN. "Government of India." Surveyor General of India,
Dehradun, India (2014).

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Apart from the organizations mentioned above, there exists a legal technique in India
that deals with sports dispute settlement outside a court of law, namely, Alternative Dispute
Resolution (ADR)4. ADR is a legal technique wherein the dispute is solved by an arbitrator or
an arbitral tribunal whose decision becomes a bindings on both the parties under dispute.
India had been failing in major global sporting events like the Olympics over the
years. The primary reason behind such lag in sports arena is absence of a uniform regulation
in Indian sports. So, in order to maintain a uniformity in the sports sector of India, India has
to incorporate WTO, UN, US, UK and EU rules in enhancing considerable amount of
competition in the sporting sector of India. The aim of this paper is to incorporate and
understand the role of international rules and their inherent implication on Indian Sports Law.
Research methodology
Research methodology in simple terms means the strategy and methods used for
accomplishing the aim of the study. There are two main methods of research, namely,
quantitative and qualitative. Quantitative methods deal with collection and analysis of
numerical data while qualitative method deal with collection and analysis of non-numerical
data5. For conduction of this research, Qualitative method of research has been adopted.
4 Menkel-Meadow, Carrie. "Mediation, arbitration, and alternative dispute resolution
(ADR)." International Encyclopedia of the Social and Behavioral Sciences, Elsevier
Ltd (2015).
5 Ravitch, Sharon M., and Nicole Mittenfelner Carl. Qualitative research: Bridging the
conceptual, theoretical, and methodological. SAGE Publications, Incorporated, 2020.

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Data collection method
There are mainly two sources of data collection, namely, Primary and Secondary
sources. Primary sources are the first hand data collected through survey using a sample size.
While Secondary sources includes information which is already published. For the purpose of
this research, data from Secondary sources have been taken.
Key research questions
How can Indian Sports Law be developed from WTO rules?
India’s poor performance in international sports events are mainly due to an absence
of a uniform regulation in the sports sector which can be considerably reduced by proper
implementation of the WTO rules6. WTO rules will mainly boost the Indian Sports sector by
providing solutions to the needless deployment of finances and promoting and
implementation of the ethical standards like anti-doping practices.
How can Indian Sports Law be developed from United Nation rules?
The United Nations offers its members with financial as well as other technical
assistance to develop and implement major projects in their country. The UN should give
proper attention to the development of sporting activities in India. It should also demand
annual report of such development from the Indian government which will enable the Indian
government to understand the shortcomings of the project and take necessary actions to
rectify such mistakes.
6 Mahrenbach, Laura C. "Emerging powers, domestic politics, and WTO dispute settlement
reform." International Negotiation 21, no. 2 (2016): 233-266.

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How can Indian Sports Law be developed from US Sports Law?
The US is very strict in terms of laws relating to sports and this is why the Federal
government implemented different sports laws like the labor sports laws, amateur spots law,
academic aspects of sports law and many more7. These laws deals with ethical conduct,
gender equality and many more and Indian government should adopt such laws while
developing Indian Sports Law.
How can Indian Sports Law be developed from UK Sports Law with respect to
Bosman case?
UK has a strong administrative framework for monitoring and regulation of sporting
activities within the United Kingdom so that a safe legal framework could be maintained in
the arena of sports. UK draws its major framework from the sports regulation of the EU and
from the Bosman case, wherein the European Court of Justice intervened into the legal
framework of the largest club football tournament, UEFA relating to exchange of players
within different clubs and ordered for a “European overseeing assortment of football” to
oversee such matters. India should try to implement such laws in Indian sporting arena
keeping in mind the Indian scenario.
How can Indian Sports Law be developed from White Paper Rule and Lisbon
Treaty?
White Paper Rule and Lisbon Treaty both deal with development as well as
improvement of sports within a country. The primary objective of these rule and treaty is to
collect requisite evidences necessary for the improvement of sports within a country. These
rules and treaty also looks forward towards development of sports through physical activities.
This is how these treaty and rule formulates plans for development of sports within a country.
India should adapt such strategies in formulating a sound sports law for the country.
7 Mitten, Matthew J. Sports law in the United States. Kluwer Law International BV, 2017.

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Awards
Awards increases the competitiveness in any sport and also enhances the volume of
participation. It induces ethical behavior among the players and as a whole raises the overall
standard of the sport. In India, the major sports awards includes Rajiv Gandhi Khel Ratna
Award, Dronacharya Award, Arjuna Award and many more8. If this concept of award is to be
integrated as per the university research themes, then, it can be said that the awards boosts the
confidence among the students participating in the University sporting events as well as in the
National level sporting events. This confidence boosting results in enhancing the creativity
among the students and the cash prizes ensures life-long wellbeing especially it raises their
social value in this digital age. Thus it can be concluded that, awards results in fulfilling the
UN sustainable development goals concerning all-round development of youth in every
country.
8 Nandakumar, T. R., and J. S. Sandhu. "Factors Influencing International Sporting Success-
An Analysis of Indian Sports System." International Journal of Sport Management,
Recreation & Tourism 15 (2014): 13-31.

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References
"Home | Ministry Of Youth Affairs And Sports | Goi". 2020. Yas.Nic.In. https://yas.nic.in/.
SPORTS, GOVERNANCE IN. "Government of India." Surveyor General of India,
Dehradun, India (2014).
Dasgupta, Lovely, and Shameek Sen, eds. Sports Law in India: Policy, Regulation and
Commercialisation. SAGE Publishing India, 2018.
Menkel-Meadow, Carrie. "Mediation, arbitration, and alternative dispute resolution
(ADR)." International Encyclopedia of the Social and Behavioral Sciences, Elsevier
Ltd (2015).
Ravitch, Sharon M., and Nicole Mittenfelner Carl. Qualitative research: Bridging the
conceptual, theoretical, and methodological. SAGE Publications, Incorporated, 2020.
Mahrenbach, Laura C. "Emerging powers, domestic politics, and WTO dispute settlement
reform." International Negotiation 21, no. 2 (2016): 233-266.
Mitten, Matthew J. Sports law in the United States. Kluwer Law International BV, 2017.
Nandakumar, T. R., and J. S. Sandhu. "Factors Influencing International Sporting Success-An
Analysis of Indian Sports System." International Journal of Sport Management, Recreation
& Tourism 15 (2014): 13-31.

7SPORTS LAW SYNOPSIS