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Tag Archive for ‘CAS’

Who is the bigger loser?

By Naman Lohiya (4th year student at Gujarat National Law University)

“The entire legal system was built upon the assumption that people would have adequate representation. When they don’t, the system fails, and the laws don’t matter.” – Shari Redstone

In this article Naman Lohiya has reopened the discussion on the powers of national federations as well as the importance of sporting dispute settlement mechanisms in India.
It will take you down the memory lane to Rio 2016, when Sushil Kumar and Narsingh Yadav were involved in a murky selection controversy. The dramatic saga of Narsingh Yadav’s doping battle that ensued is not unknown to anyone. It has almost been two years since this dispute, but the problems in the administration of doping agencies, national federations and sports dispute settlement mechanisms that surfaced then, still persist.

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Breaking Barriers: Has the inclusivity of Transgender in Sport been a magnanimous task?

By- Wilfred Synrem (Gujarat National Law University)

“Trans people deserve something vital; they deserve your respect. From that respect comes a more compassionate community.” –

Caitlyn Jenner (former Bruce Jenner); Gold winning Olympian and the epitome of the transgender community.

It is beyond doubt that the recognition and integration of all genders in today’s society is an absolute must. This also indicates the importance of, in particular, the inclusion of transgender persons in all realms of sports. The sacrosanct Olympic Charter speaks volumes of basic fundamental rights in modern sport: “without discrimination of any kind such as race, colour, sex, sexual orientation”. Based on the authoritative principles of the Olympic Charter it is deemed that the world of sport must do everything in its power to eradicate any sort of discrimination which is in violation of fundamental human rights. However, this is easier said than done; there are innumerous debates and issues regarding the topic of transgender in sex-segregated sports. This article analyses whether the guidelines issued by sport organisations for transgenders can be reformed to pave way for greater inclusivity.

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The Diatribe Against Doping

By -Rishika Mendiratta (Founder and Managing Editor at KhelAdhikar)

The quote by Mae West, -“The score never interested me, only the game”, aptly summarises the fight against doping in sport. Every revelation about an athlete who had indulged in doping, whether, it was Ben Johnson, Lance Armstrong, Tyson Gay or Maria Sharapova, has saddened and angered the fans and competitors alike. If the Garica Report in 2014 revolutionised the world of FIFA governance by exposing corruption, the Richard Mclaren Report in 2016 about Russia’s organised doping scandal has raised some unprecedented questions and has paved way for a greater change to combat this menace. This article by Rishika looks at WADA and the world doping scenario.

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CHALLENGES OF ENFORCING CAS (Court of Arbitration for Sports) AWARDS: The Pechstein Case

By Rishika Mendiratta (Founder and Managing Editor at KhelAdhikar)

This article focuses on the case of a German Cyclist, Claudia Pechstein. The case received a lot of attention at the global level because of the media coverage on her seven-year-long battle against a two-year suspension imposed on her for a disputed doping rules violation has brought her into the limelight even more than her sporting laurels and achievements.

Rishika analyses why the CAS judgement is questionable in the case of Claudia Pechstein and suggests reforms to prevent the same.

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