India’s Anti-Doping Laws: Reforms Are Needed
Introduction
Doping is the practise of using illegal substances by athletes to improve their stamina and performance. It is wrong on both moral and ethical level. Doping may seem like a sophisticated and quick way to beat the competition, but it has horrifying long-term adverse effects. Both national and international doping regulations are established, but there is no coordination between them, thus these rules are constantly at odds with one another.
The competitors are under extreme strain as a result of a rise in competitions and unprecedented expectations. They frequently turn to Performance Enhancing Drugs, sometimes known as doping, to combat this critical issue. Doping in competitive sports is a controversial topic since it undermines fair play and sportsmanship at its core. The use of PEDs is discouraged since it is thought to be dishonest and negatively affects athletes’ physical and mental health.
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The International Olympic Committee (IOC) views doping as illegal and unethical, and a dope-free sport is one of its goals[i]. Doping is a global problem that affects many different sports tournaments, thus it is not just a local problem.
The International Olympic Committee participated in the First World Conference on Doping in Sport in February 1999, which led to the creation of the World Anti-Doping Agency[ii].
WADA has a vital role in educating and raising awareness of the negative effects of doping among athletes.[iii]
UNESCO established the International Convention Against Doping in Sport (ICAD) in 2005 in order to successfully implement the Code. In support of employing the weight of international law to counter the hazards of doping in sports, more than 170 governments signed this pact.
The National Anti-Doping Agency was founded by the Ministry of Youth Affairs and Sports to carry out the ICADS’s requirements after India also endorsed it in 2007. Its goal is to implement the Code in accordance with India’s anti-doping rules and regulations.
NADA also promoted a comprehensive education effort, specifically the Mass Athlete Awareness Program Against Doping, to educate and raise awareness among the competitors about doping.
Challenges and the National Anti-Doping Agency
The Government of India formed the National Anti-Doping Agency as a signatory to the Copenhagen Declaration on Anti-Doping and the UNESCO International Convention against Doping.
Promoting, organising, and maintaining the nation’s anti-doping programme in sports falls under the purview of the NADA.[iv] One of their main responsibilities is testing athletes to make sure they are not using any illicit or performance-enhancing substances.
Regrettably, NADA adopted these anti-doping regulations verbatim without taking into account the actual local conditions in India. Some sportspeople in India are not properly informed or aware of such substances or even about doping, despite the high obligation that the anti-doping regulations place on sportsmen to keep themselves up to date about chemicals that enter their bodies.
Many of the ordinary medications that athletes take or consume, including painkillers and cough syrups, have trace amounts of banned substances in them, and because athletes are unaware of this, incidences of doping occur.
Additionally, the competitor is required to do research before taking any supplements or medications. However, only a small number of laboratories in India do such specialised studies on supplements, and the cost of conducting such tests is significant.
In the case of National Anti-Doping Agency v. Jyotsana Pansare[v], the athlete’s body was exposed to the prohibited drug through a cosmetic that comprised germanium oil, leading to a negative analytical result.
The NADA’s supervision is a further contentious matter. Since the majority of the athletes are from rural areas, according to statistics information, its educational projects may be difficult for the general public to understand because they are presented in English.
What happens after that is that players have no idea about the procedures or their right to appeal decisions made by disciplinary boards. They are forced to give up their right to a fair hearing out of fear of harsh punishment.
The Ministry of Youth Affairs and Sports established a council in 2011 as a result of a doping scandal that included six Indian athletes. The Committee criticised NADA harshly and suggested solutions to the problems. Additionally, NADA continued to work in an uninspired manner in 2015 despite failing to implement the vast majority of the panel’s recommendations. It is urgent to change the NADA’s Disciplinary Tribunals’ current operating procedures because they frequently do not afford the opportunity for a fair trial and are adversely affected by the delays they produce.
Is Legalizing Doping a Good Idea?
It is legitimate to wonder whether doping should be made legal in India. It is universally agreed that doping should not be legalised; yet, it is past time for anti-doping legislation to be changed.
Some believe that physiological doping should be permitted, with RBC count and hormone levels restricted and checked for accuracy.
If this were to happen, the “less rich” nations would suffer greatly because the wealthy nations could simply supply high-quality doping agents that might not even show up in clinical tests.
I believe that those compounds found in common goods can be offered relaxations, just as caffeine is not regarded as a doping substance.
Case Study: Prithvi Shaw
Prithvi Shaw’s participation in cricket was halted due to a drug violation. He made his Test debut for India in 2018 against the West Indies, when he struck his first century and set a new record for the youngest batsman to do so.
It was discovered that he had consumed a cough medication that contained a substance forbidden by WADA and subject to an 8-month ban.
Few cough syrups contain the chemical terbutaline, which reduces fatigue and aids in muscle growth in athletes. Terbutaline is one of the WADA’s prohibited substances because it boosts muscle power and is typically used to treat respiratory problems, but athletes may use it provided they can provide a valid justification for its therapeutic use. However, he did not present the exemption certificate in advance.
Conclusion
The discussion above makes it evident that India’s anti-doping regulations are woefully insufficient. The only two states with active sports laws at the moment are Rajasthan and Himachal Pradesh. Effective legislation is urgently required in order to rectify this scenario.
The NADA laws require extensive change, and steps must be taken to inform the athletes of their rights and the dangers of doping. NADA is required to send the athletes a list of substances prohibited by WADA in their native languages.
Instead of ruining athletes’ careers with unbearable and unfair trials, NADA’s entire strategy should be adjusted to promote and encourage them. We take pride in the medals these athletes have earned thanks to their dedication and tenacity, thus it is the government’s duty to guarantee that they are growing in a safe and secure environment.
Author: Preksha Preya, a 4th year law student pursuing B.B.A.LL.B. Degree from Chanakya National Law University, Patna, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
REFERENCES
[i] Bharti Sharma, A Critical Analysis of the Impact of Doping in Sports Domain, https://www.ijlmh.com/paper/a-critical-analysis-of-the-impact-of-doping-in-sports-domain/
[ii] Solomon & Co, India: Anti- Doping Regulations is India, https://www.mondaq.com/india/sport/623940/anti-doping-regulations-in-india
[iii] WADA, What We Do, available at https://www.wada-ama.org/en/what-we-do
[iv] NADA, National Anti- Doping Agency, https://www.nadaindia.org
[v] Appeal No. 13. ADAP. 2012