KUSHAGRA AGRAWAL

MESSI: The Brand

Lionel Messi is not just a name; he is one of the greatest of all time in the football world. The value he brings to a brand is clearly unmatchable. He has almost 166 million followers on one of the most popular social media platform i.e., Instagram. Lionel Messi in the past few years has gained an immense popularity in all age groups. Whenever someone hears his name they want to talk about him. Last week Lionel Messi was in the news but not for his game but for the trademark of his sports brand “MESSI.”

In the year 2011 Messi started his own sports goods brand in his own name “MESSI.” He made an application to the European Union Office for Intellectual Property (EUIPO) in the year 2011. However, his original application was challenged by the Spanish cycle brand “MASSI” claiming that the popular footballer’s brand will create confusion in the minds of general public as both the brands are phonetically and visually similar. EUIPO after hearing contentions ruled against the footballer that the brand “MASSI” and “MESSI” is visually and phonetically similar and the application was rejected.

However, the decision of EUIPO was challenged in the European Union’s second highest court i.e., European Union General Court and they ruled the decision in the favor of the footballer stating that the footballer is a well-known person at a global level and people will associate “MESSI” with Lionel Messi only. The court also said that “Mr Messi is, in fact, a well-known public figure who can be seen on television and who is regularly discussed on television or on the radio.”

Now the question arises whether a surname can be trademarked or not. The US court answered this question and held that before applying for the surname as a trademark the surname must have acquired distinctiveness. It means that the surname must have gained popularity amongst the general public and people shouldn’t confuse it with other brand.

It is a popular opinion that the richest and the powerful persons only applies for the trademark of their name or surname. But if someone’s name is violating the provisions of the Trademarks Act then the most powerful and the richest person will also not get their name trademarked.

Custodial Violence and related provisions

Introduction:

The term “custodial violence” is in the news from the past few days. From the George Floyd case to Jayraj and Phoenix case various media platforms have been quite vocal about this issue. The people are killed in the custody of police officials and no question is raised over their act.

The term “custodial violence” means whenever violence takes place in the custody of a police officer. The third degree torture is adapted by the police officials to take the confession of the accused. The third degree torture force the person to claim those allegations as well which he didn’t even commit.

Legal position in India:

The UN has formed a convention on Human Rights. The charter of 1975 of UN deals with the provisions related to torture. They have even defined the term torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”[1]

India has signed the Charter of 1975 but it is not ratified. In the year 2010, “Anti torture Bill” was brought in the Parliament for discussion where the bill didn’t get the assent from Rajya Sabha. No action was taken to pass the said bill and later on the bill got lapsed. India’s stand on custodial violence is not that firm where the rights of the accused can be protected. However, provisions have been laid down in different legislations where the rights of an accused person are discussed.

Laws in India:

Indian Penal Code:

Section 21: The term “public servant” has been defined where it is termed that any person who is discharging any public duty will be treated as a public servant which includes Judges, Arbitrators, Police officers, etc.

Section 330: The provision talks about voluntarily causing hurt to extort confession. It clearly suggests that no person can take confession from other person which may lead to detection of an offence. The person who is found guilty under this provision shall be punished with imprisonment which may extend to 7 years and shall also be liable to fine.

Section 348: If any person is wrongfully confined for the purpose of extorting confession which may lead to detection of an offence or misconduct, then the person who wrongfully confined the other person will be held liable for imprisonment which may extend to 3 years and shall be liable to fine.

Criminal Procedure Code:

Section 197: It acts as a shield for public servants where they have been given an immunity that while discharging any public duty if they commit anything wrong no court can take cognizance against them.

Rights of arrested person:

Right to know the grounds of arrest.

Medical examination of the accused after every 48 hours.

Health and safety to be maintained of the accused.

Accused to be produced before the Magistrate in 24 hours of arrest.

If the arrest is without warrant the written permission is required from the senior police officer.

If a person is arrested without warrant it is the duty of the police officer to intimate the arrested person that he may be released on bail (not applicable in non bailable offence) and may arrange for sureties on his behalf.

Indian Evidence Act:

Section 24: It states that in any case if confession is made by inducement, threat or promise then it will not be considered as a valid confession.

Section 25: If any confession is made to the police officer in his custody then it will not be considered as a valid confession.

Constitution of India:

Article 22(2): It states that the accused person needs to be produced in 24 hours of arrest before the Magistrate.

Case Laws:

In the case of D.K. Basu vs. State of West Bengal[1], the Hon’ble court laid down certain guidelines that were to be followed by the police officials while arresting a person. The guidelines are as follows:

Police officer to wear names and designations while making arrests.
Arrest memo to be made.
Information of the arrest to be given to relatives or friends of the accused.
Medical examination to be done every 48 hours.
Copy of all the documents to be given to the Magistrate.

In the case of Prakash Singh vs. Union of India[2], the Hon’ble court laid down that an authority should be created to keep a check on matters related to custodial violence.

However, no authority has been created till date.

Conclusion:

There has been a tremendous increase in the cases related to custodial violence in India. India shall ratify the relevant UN convention and the guidelines laid down in the D.K Basu case must be followed. It is the need of an hour that “Anti Torture Bill” shall be passed in India and also an authority must be created to keep an eye on the matters where the custodial violence took place. There should be an increase in human rights training given to police officials. Also, with so much technical advancements it is important to adapt technology in every filed which includes the police department as well.

[1] https://www.ohchr.org/en/professionalinterest/pages/cat.aspx, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984.

[2] AIR 1997 (1) SCC 416.

[3] Writ Petition (civil) 310 of 1996.

SPORTS LAW & TAXATION

Introduction:

In the recent past the whole context of sport events has changed. There has been significant increase in the income levels and awareness. Sporting events are no longer a test of skill and strength but also an entertainment and recreational event. There has been a significant inflow of capital and business through sponsorships, rise in income of sporting bodies, appearance fee charged by the sports personalities, etc.

The tax law of India provides that in case of sportsmen or artists participating in such events or shows, all income accruing or arising or deemed to be accruing or arising, received or deemed to be received in India is taxable in India. Section 115BBA of Income Tax Act, 1961 provides that when any sportsperson who is not a citizen of India and is a non-resident participates in India in any game or sport or advertisement or makes any contribution in form of article to any magazine, journal or newspaper the amount of income over it will be charged at the rate of 20% plus surcharge as applicable.

Taxation in India:

The commendability for sports in India especially Cricket is unmatchable. With the introduction of various premier leagues such as Indian Premier League (IPL), Pro Kabbadi League (PKL), Indian Super League (ISL) and Badminton Premier League (BPL) the Indian crowd is getting attracted towards it and a huge turnout of the fans can now easily be witnessed in the stadiums. The charm of Indian as well as foreign players makes such leagues not only interesting but also helps in the generation of huge amount of income. But the question comes that how the income of all the players will be taxed in India? To answer this question Section 194E of Income Tax Act, 1961 comes into picture. According to the said section any person who pays money to a non-resident sportsman or entertainer or pays money to sports institution or an association or income referred under Section 115BBA is required to deduct tax at source under Sec 194E. However an exception has been made under it that if a non-resident person is paid less than ₹2500 in an annual year then there is no requirement to deduct tax at source.

To boost the international sporting events in India leverage has been provided where an exception has been granted under Section 10 of Income Tax Act, 1961. Section 10(39) talk about “Income from international sporting event.” It states that any specified income of any specific person from any international sporting event is fully exempted that event is approved by any international body, involves participation of more than 2 countries and is notified by the Central Government in this regard. However the income generated by the players under such sporting tournaments is not subject to any kind of exception. India in the recent past has successfully organized various international games which include Commonwealth Games 2010, ICC Cricket World Cup 2011, Men’s Hockey World Cup, etc. It only helps in boosting the economy but also helps in increasing the FDI in India. However, with the introduction of professional sports league such as IPL, PKL and other premier leagues that make enormous profits are not exempted by the government which leads to unambiguity. Under Section 12(A) an exemption has been granted to certain sports organizations that work without profit motive and are recognized as non-profit entities.

Goods and Services Tax Act, 2017:

On the GST (Goods and Services Tax) front an exemption has been provided to the sports authorities that there is no GST payable on the services provided by a recognized sports body to a recognized sports body. However, as far as the sports accessories are concerned 12% GST is levied upon sports accessories.

In the recent past various applications are revolving in the market where fantasy sports leagues are organized and there has been a flow of money. In the case of Mahalakshmi Cultural Association vs. The Director, Inspector General of Police & Ors.[1], Supreme Court held that such fantasy leagues are merely a skill based game. The terms and conditions explicitly clear the air on how much tax will be paid after a winner is declared. If a person wins an amount above ₹10000 then 30% tax will be charged upon it. However, as it is termed as skill based game and is regulated by Federation of Indian fantasy sports there are certain guidelines that have to be followed by any person who is registering for it.

Since the judiciary is keeping a close eye towards legalizing the betting and gambling subject to certain rules and regulations, it is required to make respective changes in the domestic taxation laws as well. Proper legislative as well as descriptive information is required while legalizing all such activities in India.

[1] Special Leave to Appeal (C) No(s).15371/2012

Online Gambling In India

Introduction:

In India the gambling rules and regulations are regulated by The Public Gambling Act, 1867. According to the Act gambling is considered an illegal activity in India. Also, if any person visits a place where gambling takes place, it is also considered illegal. In the recent past on the internet front we have witnessed an increase in the number of mobile apps and software where a certain amount of money is bid on a player or a team and various card games which are still out of the ambit of such rules and regulations. However, the courts have taken the matter in their hands and have passed several rulings which might help the administration to regulate such online gaming apps.

Legislation in India:

In the recent past there has been a buzz that the government is planning to legalize the gambling in India with certain rules and regulations. The gambling rules are laid down in The Public Gambling Act, 1867 and it does not talk about anything related to online gaming platforms. Since there has been an evolution in the internet world in the past 2 decades and since gambling is considered illegal it can be inferred that online gambling is also illegal.

The rules relating to the internet and technology are regulated by The Information and Technology Act, 2000. The act provides punishment for online activity but it is important to protect the rights of internet users by framing and amending the laws in such a way that such online gaming apps can be brought within the ambit of said act.

In India there is no explicit law that talks about the regulations related to online gambling however, Maharashtra has framed laws related to online gambling and they have completely imposed a ban on it. However, another state i.e. Sikkim has made online gambling legal with certain restrictions imposed upon it. It means that there are different views of the legislators upon the framing of any law related to online gambling.

In India there are various sectors where FDI (Foreign Direct Investment) is not allowed by the government and one such sector is gambling and betting including casinos. The involvement of private players is strictly prohibited in these sectors as the rules related to FDI are regulated by Foreign Exchange Management Act, 1999. Since the act deals with the provisions relating to the deposit of foreign currency in India it is important to note that no such provision has been laid down in the act where one can regulate such activities. Not only this, various other things such as foreign investment, foreign collaboration, licensing and franchising, trademark, brand name, etc. strictly prohibited in gambling and betting sector.

View of Indian Courts:

In India the people have shown their interest in fantasy sports and there has been a surge in the popularity of such online gaming apps. Applications like Dream 11, Mobile Premier League, Ace2Three, Rummy Culture, etc. have gained popularity amongst the people and most of the youth is getting attracted towards it. Many people have opined that such online fantasy games involve money and have resulted in gambling. To regulate such scenario cases were filed against such mobile apps. Few of the landmark cases are discussed below.

In the case of State of Andhra Pradesh vs. K. Satyanarayana[1], the Hon’ble Supreme Court held that, “the game of rummy requires certain amount of skill because the fall of the cards has to be memorized and the building up of Rummy requires considerable skill in holding and discarding cards.”

The same opinion was formed by the court in the case of Dr. K.R. Lakshmanan vs State Of Tamil Nadu And Anr[2], theHon’ble court held that, “the game of horse racing requires skill and cannot be termed as gambling.”

With the evolution of fantasy sports in India we have witnessed an increase in the cases related to fantasy sports in India where the court has taken the cognizance of the case. Similarly in the case of Varun Gumber v. U.T., Chandigarh[3], where the validity of Dream 11 was challenged, the Punjab and Haryana High Court held that “the fantasy sports company cannot said to be falling in the gambling activities as the same involves the substantial skills which is nothing but a business activity with due registration and paying the service tax and the income tax.”

Conclusion:

It is clearly evident that the Indian courts don’t consider such online websites and mobile apps as a means of gambling so it is important that the Indian legislators must frame the relevant laws in such a manner that all the betting and gambling related activities can be brought under a single umbrella. The online gaming is developing and people are becoming more advanced so to curb down the illegal activities stricter punishment must be made.

[1] 1968 AIR 825, 1968 SCR (2) 387.

[2] 1996 AIR 1153, 1996 SCC (2) 226.

[3] Judgment dated 18^th April 2017 in CWP No. 7559 of 2017.

Decriminalization of Section 138 of Negotiable Instruments Act, 1881

Introduction:

Negotiable Instruments Act was brought into force in 1881. The objective of the act was to regulate and protect different mercantile transactions. There are various types of negotiable instruments such as Bills of Exchange, Promissory Notes, Cheques, Bank Notes, Debentures, Dividend Warrants, Treasury Bills, etc. All these instruments work as a medium for exchanging money.

In this article we will be dealing with the provisions of dishonoring of Cheques and what will be the implications if Section 138 will be decriminalized.

What are Cheques?

“A cheque is an order by the customer of the bank directing his banker to pay on demand, the specified amount, to or to the order of the person named therein or to the bearer.”[1]

There are three parties in a cheque, the drawer, the drawee and the payee. Drawer is the person who draws a cheque upon another person and signs upon it. Drawee is the person who is directed by the drawer to pay a certain sum of money and the payee is the person who is the ultimate beneficiary.

Dishonoring of Cheques:

Section 138 of Negotiable Instruments Act, 1881 talks about “Dishonor of cheque for insufficiency, etc., of funds in the account.” It means that when a cheque is presented for payment to the bank and upon presentation the bank denies to make the payment due to insufficiency of funds in the drawer’s account the cheque is considered to be bounced. Once the cheque is bounced a notice to be issued to the drawer within 30 days and upon receiving up of the notice the drawer must make the payment within the span of 15 days, if he fails to do that cognizance of the case may be taken by the Magistrate upon receiving the complaint in writing. Magistrate cannot take suo moto cognizance of any case related to dishonoring of cheques.

The complaint filed related to dishonoring of cheques will be treated as a criminal complaint and is a bailable offence. Section 138 of Negotiable Instrument Act also defines the punishment for an imprisonment for 2 years and fine which may extend to twice the amount of the dishonored cheque or both.

Decriminalization of Section 138:

Section 138 is a criminal offence and also a bailable and compoundable offence. However, in the recent past there has been a buzz around decriminalizing the same offence. On June 8 2020 the Ministry of Finance Affairs proposed to decriminalize certain offences that are minor economic offences. It means the person has to pay a certain amount of fine and he will be free from the obligation.

Supreme Court in the case Kaushalya Devi Massand v. Roopkishore Khore[2] held that “Having considered the submissions made on behalf of the parties, we are of the view that the gravity of a complaint under the Negotiable Instruments Act cannot be equated with an offence under the provisions of the Penal Code, 1860 or other criminal offences. An offence under Section 138 of NI Act, is almost in the nature of a civil wrong which has been given criminal overtones.”

In the year 2017 Hon’ble Supreme Court in the case M/S. Meters and Instruments Private Limited & Anr. Vs. Kanchan Mehta[3] upheld the view that “Offence under Section 138 of the Act is primarily a civil wrong. Burden of proof is on accused in view presumption under Section 139 but the standard of such proof is preponderance of probabilities.”

Since, the court is considering it a civil wrong justifies the proposal given by the government. However, there are certain factors that have to be kept in mind while decriminalizing the said provision. Section 138 safeguards the rights of the payee as it acts as a tool to protect him from any fraud and assures that if any fraud happens he has a relief measure provided by the act.

It is quite evident that there are many pending cases before the courts that are related to dishonoring of cheques and to lower down the burden this decision will be very fruitful in the upcoming years. But instead of decriminalizing it the government has other options for which they can look for and adapt it. Some of the major options are:

The government may ask to levy heavy penalties upon the defaulter. The current law provides punishment for twice the amount which is very minimal but if heavy penalties are laid down it will create a fear among the defaulters.
If a person is a habitual defaulter then the government may create special provision for that where his personal property can be attached if the default does not get cleared in a stipulated period of time.
Digitalize the payment mode that is done in the form of cheque.

[1] Section 6 of NIA

[2] (2011) 4 SCC 593.

[3] Appeal (Crl.), 1731 of 2017.

Sports Law Part- II

Fair hearing is a well settled principle of natural justice which enables the party to move to the unbiased adjudicating authority if the rights of any such party or a person are infringed . However, the same principle has been ignored while adjudicating any sports matter be it related to match fixing, sexual harassment, age fraud, etc. The concerned sports authority takes the cognizance of the matter and creates a committee that work autonomously and investigate the matter. Since, the committee formed may pass decision in the favor of the sports authority that appointed it; thereby it lacks transparency and might affect the career of that sports person adversely.

In 2013 IPL spot fixing case, S Sreesanth who was the part of the squad of 2011 World Cup winning team was booked under the illegal betting and spot fixing charges. The advisory committee formed by BCCI imposed a life ban upon him, after which he challenged the decision in the Supreme Court where the Hon’ble Court in 2019 released the life ban imposed upon him. However, the court took almost 6 years to adjudicate upon the matter and give relief to him. This was not the first incident where the court took so many years to adjudicate upon the matter. There have been several instances where the court found themselves in a position where they were helpless to adjudicate upon the matter as there was no law to regulate such issues.

The best way to adjudicate any sports matter in India is to move ahead with the provisions of Arbitration and Conciliation Act, 1996 or appoint a mediator. Since, the decision of the mediator is not binding upon the parties it’s better to move ahead with the provisions of arbitration.

Arbitration is one of the best methods to adjudicate upon the matter where any sports related conflict has arisen. In India any matter related to arbitration is dealt by the Arbitration and Conciliation Act, 1996 also known as Indian Arbitration Act. The Indian Arbitration Act is based on the UNICITRAL Model Law. The term arbitration means that if there is any dispute between two persons the matter despite of going to the court is resolved by an arbitrator who acts independently and passes an award which in terms of Indian Arbitration Act is referred to as “domestic award.” Since there has been a revolution in the sports in the past few years be it in terms of fitness, broadcasting rights, countries own leagues, etc. or fantasy cricket league apps but the one place where revolution is required is in the legal framework of the sports industry. Currently the disputes are either resolved by the advisory committee established by the authority or is done by the court which unnecessarily increases the burden on it and is a time consuming process. It is necessary to give a different shape to it and refer sports related disputes to the Arbitration Board which will not only help in maintaining transparency but will also help in the speedy disposal of the case.

In India also the Alternative Dispute Resolution (ADR) process must be adapted since the arbitrators appointed will have the expert knowledge in that field which will not only provide faster disposal of the case but will also help in reducing the burden over the court. The success of CAS is the testimony to the ADR process and India must adapt it and set an example to the outside world.

Section 377 of Indian Penal Code, 1860

Introduction:

Homosexuality has been a talking point from a very long period of time in India where people had different opinions about it, where one section of the society treated it as a disease which is not curable and such people should be separated from the society while other opined that this is something which is natural and they are no different from other people. The provisions relating to homosexuality in India was considered to be punishable till 2018, however, now the Hon’ble Supreme Court has ruled out Section 377 of IPC by providing LGBT community with their long awaited rights for which they have been fighting for a very long period of time

Earlier Law on Homosexuality in India:

Section 377 of IPC read as follows “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” However, the same now has been declared unconstitutional by the Supreme Court.

In the 42^nd Law Commission Report it was submitted that, “Indian society by and large disapproved of homosexuality which disapproval was strong enough to justify it being treated as criminal offence even where the adults indulge is in private. Law cannot run separately from the society since it reflects perception of society.”[1] Also, it was considered that the primary objective of the marriage is procreation and as marriage being a social institution legal binding of same sex marriage would undercut the norm that is related to the marriage as it establishes that there is no necessary link between procreation and marriage.

When the people started getting aware they came to know about the law relating to homosexuality and with this awareness many countries recognized the same sex marriage and Netherland became the first country to recognize same sex marriage in the year 2001. After that many countries recognized the same stating that it is the need of an hour to give the rights which LGBT community has been deprived for many years.

It is also important to state that “Section 377 punishes certain persons who have carnal intercourse against the order of nature with inter alia human beings… it is clearly against the order of nature, because the natural object of carnal intercourse is that there should be possibility conception of human beings which in case of coitus per os is impossible.”[2]

New Law on Homosexuality in India:

When the Constitution of India was drafted by it was clearly mentioned that the Constitution of India is a living instrument made for the progressive society. Dr. Ambedkar had felt that the Constitution can live and grow on the bedrock of “constitutional morality”. The whole issue that was prevailing was of the constitutional morality and public morality. It is important to note that morality is not eternal, it changes with time. What once was a moral practice doesn’t mean that it will remain moral for infinite period of time. Furthermore, “Morality means the ideas about right and wrong which are accepted by the right thinking members of the society as a whole of the country.”[3]

For the very first time in the year 2001, a petition in the Delhi High Court was filed by Naz Foundation that works on HIV/AIDS and sexual health issues, on which the Delhi High Court exercising their rights held Section 377 unconstitutional. This judgment was termed as revolutionary by many jurists but soon this particular judgment was overruled by the Hon’ble Supreme Court. It was held by the Supreme Court that amending or repealing of this provision should be left to Parliament and not to judiciary. In this case SC also stated that this particular provision is against the order of the nature and such should not be decriminalized in the present situation. Supreme Court also held that homosexuality is the sexual propensity for persons of one’s own sex.

In the Puttoswamy’s case a landmark judgment was given by the court and held that “Right to Privacy” is a part of Article 21 and is also a Fundamental Right. Although, all the Fundamental Rights comes along with reasonable restrictions but with privacy becoming a Fundamental Right it became evident that sooner or later the rights of the LGBT community will be recognized and Section 377 will get decriminalize. The court stated that sexual orientation is an “essential component of identity” and the rights of lesbian, gay, bisexual and transgender population are “real rights founded on sound constitutional doctrine.”

Right to privacy is implicit in right to life. A citizen has a right to safeguard the privacy of himself, his family, procreation, marriage, education and child bearing. Furthermore, “it is a right that has to be left alone”.[4] “Right to Privacy has been considered implicit in our constitution.”[5]

After a year that day came when Constitutional Bench of the Supreme Court decriminalized Section 377 stating that it is the need of an hour to make this provision unconstitutional. “A panel of five judges issued a unanimous judgment striking down the provision and affirming the right to equality and dignity. “Respect for individual choice is the essence of liberty,” Hon’Ble Justice Dipak Misra, India’s chief justice, told a packed courtroom. “This freedom can only be fulfilled when each of us realizes that the LGBT community possesses equal rights.”

[1] 42^nd Law Commission Report, 1971

[2] Khanu v. Emperor, AIR 1932 Cal 487

[3] Brij Gopal v. State of M.P., AIR 1979 MP 173 (181)

[4] R Rajagopal v. State of Tamil Nadu, 1995 AIR 264, 1994 SCC (6) 632

[5] PUCL v. Union Of India, AIR 1997 SC 568, JT 1997 (1) SC 288, 1996 (9) SCALE 318, (1997) 1 SCC 301, 1996 Supp 10 SCR 321, 1997 (1) UJ 187 SC

Sports Law Part – I

Introduction

Sports have always played an important role in everyone’s life. It not only builds the character but also helps the person to become confident about the work he do. Sports have always been the most entertaining source in the world and the fact that the sports industry contributes to almost 3% of the global trade confirms the same. But what happens when anyone brings disgrace to the game? It creates outrage among the lovers of the game and disturbs the peace of the country.

In the past 2 decades various international events were organized in India. From Commonwealth games to hockey and cricket world cup, India has emerged one of the biggest organizers in the world where they got a chance to show the development of the country but such events creates problems related to media rights, sponsoring, licensing and legal sporting practices.

Need of sports law

In recent times there have been various instances where the sporting world was crushed by the scandals and controversies. The events such as IPL spot and match fixing, women hockey players putting allegations of sexual harassment, doping, etc. Hockey is considered to be the national game of India. India won gold 8 times out of 12 at the Olympic events held between 1928 to 1980. But after 1980 India failed to qualify for the finals and the events turn into shock when India failed to qualify for the Beijing Olympics in 2008. To regulate such incidents a committee was required to investigate but due to absence of any law or regulations no such committee was established. These events expose the dark side of sporting world which is considered to be highly competitive.

Simon Rotenberg’s in 1956 connected the sporting world to the economics where he discussed about the uncertainty of outcome and the monopolistic nature of the labor market. The generation of revenue by organizing such events needs to be regulated but there is no regulatory authority.

These instances created an environment in the country where the need for a regulation arose but no legislation or regulations were formed to curb such activities.

Ambit of sports Law:

The laws where sports law will play a major role are as follows:

Labor Law:

Most of the player works on the contract basis with the related sports authority. A need is there where there must be a fixed pay scale. Not only this players need to negotiate on the working hours, working environment, etc. that needs to be decided by the authority. Also such norms will help in building the sports field more transparent and it will be the best in the interest of the game.

Drug Use:

There are various drugs that are banned by the Doping Agency. Drugs that are consumed by the players are performance enhancing drugs that boosts the body. There must be explicit mentioning of the banned drugs, punishment for using the same, authority to check it, etc.

Sexual Harassment Laws:

In the recent past there had been many instances where the sportswomen have raised their voice against the sexual harassment by the coaches or the people associated with the game. To avoid and to control such acts a law is required to grant punishment to such people because the person of such cadre who is representing India or the State is not expected to cross the line.

Betting Laws:

The competitive spirit of the sports has hit to various lows where the players were found involving in fixing the game. Laws must be framed in such a way that these acts could be controlled and players who are found involving in such illicit acts must be punished accordingly.

Broadcasting Rights:

According to Indian Competition Act if any agreement that is creating appreciable adverse effect is void. The distribution of broadcasting right must be brought within the ambit of sports law to avoid further chaos.

Conclusion

The main objective of the sports law is to maintain the competitive spirit and if anyone who tries to break it must be punished. This law will create an authority that will have the adjudication power as well as it will create an authority that will help in maintaining the spirit of the game.

DATA PROTECTION LAWS

Introduction:

In India there is no legislation which lay down the rules that are required to protect the data of a person. In recent times there have been allegations upon the government that the individual’s data has been used by the government without their permission. With so much of technological development and IT laws there it is a need of an hour where parallel laws related to data protection must be formed and an authority must be created.

What are Data Protection Laws?

Law which provides guidelines on how to use the data of any personnel or any individual. These laws create an authority as well as give the security to the personal data of the individual where the privacy of any individual will be maintained.

In today’s world almost 80 countries have formed data protection laws where no government can use the data of any personnel or any customer.

Personal Data Protection Bill, 2006:

In India various IT companies and BPO have access to all types of sensitive and personal data of individual across the world. All the data stored by these companies is in electronic form and such data is vulnerable because that particular data is used by the employees of that company and oftenly it is misused by the employees of the company.

There is no express legislation on this issue. In 2000 Information Technology Act was brought into force and a pari materia bill was introduced in the Parliament in the year 2006 i.e., Personal Data Protection Bill. However, this bill is yet to get the approval of the house. This bill was based on the general framework of the European Union Data Privacy Directive, 1996. The scope of the bill is extended up to the collection, processing and distribution of personal data.

The bill applies to government and the private companies who are involved in using the personal data as well as the bill talks about the appointment of Data Controllers who have the adjudicatory jurisdiction over the subject covered by the bill. The bill provides penalty for the offenders as well as grants the compensation to the victims.

What is the future of data protection laws in India?

Recently a bill was introduced in the Lok Sabha. The objective of the bill is to protect the privacy of personal data and regulate the processing of sensitive and critical data and also to establish Data Protection Authority of India for regulations.

The basis of this particular bill lies on 3 parts:

The judgment given in KS Puttaswamy vs. Union of India where Right to Privacy was considered as the Fundamental Right;
Directions issued by the Supreme Court to Central Government to frame related laws; and
Justice Srikrishna recommendations and draft on privacy protection.

Justice Srikrishna said that privacy protection is a burning issue and it has 3 aspects related to it. “The citizen’s rights have to be protected, the responsibilities of the states have to be defined but the data protection can’t be at the cost of trade and industry.” So it can be clearly inferred that in his report that the particular rights are given to safeguard the rights of citizens but not at the cost of the development of the country. In his report he also proposed penalties for violation, criminal proceedings, setting up of the data authority provision of withdrawal of consent and concept of consent fatigue.

The bill that has been laid down in the parliament has certain provisions which might be very useful for the protection of the data and will also help the government to use the data for the sovereignty and national security.

Conclusion

In today’s world one of the most important information is personal data. With so much of technological development a strong legislation is required to protect the data of an individual. The personal data may include thumb print, eye retina scan, digital signature, etc. These are certain kind of information for which an individual gives his/her permission to use without hesitation so it’s the duty of the government to frame data protection laws to help in saving the personal data or private data of any individual.