10 research outputs found
To what extent is rule 50 of the Olympic charter valid? Balancing athletes freedom of expression and the mythical political neutrality of sport
No full textThe right to freedom of speech and expression is a widely proclaimed right but far less protected, especially in the sporting arena. The compulsion to maintain political neutrality and autonomy of sports have resulted in various impediments to athlete’s freedom of speech and expression in sport. This right is restricted by the International Olympic Committee (IOC) through Rule 50 of the Olympic Charter. Rule 50(2) prohibits any demonstration or political, racial and religious propaganda in any Olympic sites, venues or other areas. Athletes with their expression, have the power to inspire. However, in the name of political neutrality, athletes who inspired generations with their protest against racial injustice, from John Carlos, Tommie Smith to Colin Kaepernick, faced suspensions for such activism. This paper analyses and questions the limitation imposed by Rule 50 on athletes to right to freedom of speech and expression. It is argued that the principle of political neutrality should not reign supreme over athlete’s right to freedom of speech and expression. In doing so, the paper contributes to the existing literature by substantially analysing the theoretical reasoning for protection of this right with in-depth analysis of the application of the proportionality principle that justifies the restrictions imposed on freedom of expression in a sporting context. From a policy perspective, the paper suggests for revision of Rule 50 and implementation of a remedy process mechanism to promote Olympics goal to further human rights and bring a positive refor
From autonomy to accountability for the Indian Olympic Association: Decoding the decision of Rahul Mehra v. Union of India
No full textRahul Mehra, a sports activist, initiated a Public Interest Litigation in 2010 that culminated in a landmark decision by the Delhi High Court in August 2022. The case centered around the Indian Olympic Association (IOA) and its non-compliance with the National Sports Development Code of India, 2011 (Sports Code). The commentary analyses the 13 pitfalls raised during the case, highlighting inconsistencies between the IOA’s Constitution and the Sports Code. These issues encompassed a wide range of matters, including the appointment of Life Presidents, differential voting rights, electoral college compliance, and the inclusion of athletes and women in sports administration. The Court’s decision emphasised the importance of good governance principles in sports organisations, recommending changes to enhance transparency, diversity, and democratic processes. While this judgment is a step in the right direction, it is important that these directives are enforced in practice and consistently adhered to by the IOA and sport governing bodies at all levels of the federated model in Indi
Promoting good governance in sports: A critical analysis of S. Nithya v. The Secretary to the Union of India case
No full textThe case of S. Nithya v. The Secretary to the Union of India & Ors., decided by the High Court of Madras on 19 January 2022, marks a significant step towards promoting good governance in the realm of sports in India. The case highlights that sports governance issues have penetrated all levels of the system, and it advocates for transparency, meritbased athlete selection, and the involvement of experienced sports personnel in decisionmaking processes. The commentary highlights the judgment’s significance in terms of compliance with the National Sports Development Code, 2011, the need for statutory regulation of sports federations in Tamil Nadu, and athlete participation on sports boards. It critically analyses the board composition of federations and recommends the restriction of executive board membership to sportspersons. Although a High Court judgment, the decision has the potential to pave the way for increased accountability, representation, and legal regulation towards a more transparent and inclusive sport governance framework in Indi
From allegations to action : Reforming policies to combat sexual harassment in Indian sports
No full textThe existing legislation and sport-specific policies that aim to protect athletes from sexual harassment are examined. There is an urgent need for policy reforms in the country to ensure accountability and foster a safe sports culture for athletes to grow in an abuse-free environmen
A critical analysis of the Animal Welfare Board of India v Union of India (Jallikattu II case): Evolution of animal rights jurisprudence in India
No full textThis case commentary provides a critical analysis of Animal Welfare Board of India v Union of India and Anr (Jallikattu II case), where the constitutional bench of the Indian Supreme Court upheld the legislative changes permitting the continuation of Jallikattu, a traditional bull-taming festival in Tamil Nadu. The analysis delves into the evolving animal rights jurisprudence within India’s legal framework examining the dichotomy between eco-centric and anthropocentric perspectives. Additionally, the commentary assesses the implications of the Jallikattu II judgment on the constitutional dimensions of animal rights, drawing parallels with the jurisprudence developed by the Indian courts that recognised animals as rights holders, along with legal rights attributed to non-human entities such as rivers, forests and deities. In conclusion, the commentary reflects on the jurisprudential shifts observed in the Jallikattu II judgment which may have broader implications regarding legal considerations of animal rights within India’s constitutional and legislative framework
An analysis of board composition in national sport federations in the USA
No full textSports governance refers to the mechanism through which sporting activities are governed. It can be understood as the interplay between policy makers and policy implementers for achievement of excellence in sports at the national and international level. Good governance in sports has gained significant attention in the US as a response to both off-field and on-field management failures, crises and scandals. Examples include the Salt Lake City Olympics, 2002 and the BALCO scandal. The governance of National Sporting Federations (NSFs) referred to as National Governing Bodies (NGBs) in the USA have also come under scrutiny in light of the sexual abuse scandal in USA Gymnastics, USA Swimming and other sports over the years
An analysis of board composition in national sport federations in Australia
No full textThere is no universally accepted definition of sport governance. The Sports Governance Principles, 2020 provided by Sport Australia defines sports governance as the brain i.e., the thinking and monitoring part of an organization. Sport Australia is a national government agency that is responsible for the implementation of governance policies and administration of government funds in various National Sporting Federations (NSFs) in Australia. Good governance has gained significant importance in light of the various corruption scandals and mismanagement in sporting organizations in recent years
The Need to improve insolvency Governance standards for committee of creditors and resolution professional to safeguard to goal of corporate rescue
No full textThe Insolvency and Bankruptcy Code, 2016 (IBC / Code) has undergone various amendments so far, and the Code continues to have a constantly evolving and rich judicial jurisprudence which is a testament to the judicial and legislative attempt to cope with the challenges in the effective implementation of the Code. The Preamble of the Code has corporate rescue as one of its objectives. However, in implementing the Code, we seem to have lost sight of this goal. In this context, this paper argues that the existing legal lacunae are jeopardising the end-goal of corporate rescue whereby this legal flaw primarily pertains to two main institutions responsible for carrying out the corporate insolvency process (CIRP) i.e., committee of creditors (CoC) and Resolution Professional (RP). We hope that this paper will make a significant contribution to the scholarly literature as, so far, there have been limited attempts to identify and analyse the importance of having concrete governance standards relating to the actors participating in CIRP, especially to achieve the target of corporate rescue. In the process, the research paper would address gaps in the existing literature regarding the requirement to have independence of RP and a code of conduct for CoC
Fans’ Perception of Rivalries in the Indian Premier League : stars, stumps, and strife
No full textThe Indian Premier League (IPL), introduced by the Board of Control for Cricket in India (BCCI) in 2008, has established itself as the world’s most popular cricket league and plays a significant role in advancing India’s dominance in world cricket. As with other global sport leagues, rivalry between teams has been a driver of fan attention, yet there has been scant academic inquiry toward understanding IPL rivalries. This study explores the characteristics of IPL rivalries through a survey of 844 fans. The study notes intense rivalries between Mumbai Indians (MI) and Chennai Super Kings (CSK), and between Royal Challengers Bengaluru (RCB) and CSK. The primary drivers of these rivalries are the notable players, followed by the frequency of play, defining moments, and relative dominance. The study’s findings provide policy implications for league administrators and commercial implications for franchises, media partners, and sponsors. © 2025 Common Ground Research Networks. All rights reserved
Longus Coli Inflammation as an Uncommon Cause of Horner\u27s Syndrome
No full textThe oculosympathetic pathway originates in the hypothalamus, descends through the brainstem, exits the cervicothoracic junction, ascends up and over the lung, and along the carotid to the sudomotor fibers of the face, the pupillary dilators, and muller\u27s muscle. Lesions at any point along this chain may cause ptosis, miosis, anhidrosis, classically known as Horner\u27s Syndrome. The longus colli are weak cervical flexor muscles which abut the ascending sympathetic ganglia. Here we present a case of nonspecific longus colli inflammation likely secondary to motor vehicle accident as an uncommon cause of Horner\u27s Syndrome. Longus colli injury during cervical spinal injury as well as a suspected paraspinal mass of the longus colli have both been previously reported. To the author\u27s knowledge, this is the first case of bilateral asymmetric longus colli inflammation causing Horner\u27s syndrome
