Anti doping laws in India

Introduction-:

The disqualification of 18 athletes(10 being from Nigeria) from the recent Tokyo Olympics, for the violation of anti doping laws[1]  has raised the curiosity of the public at large towards the doping laws. The term Doping refers to the use of banned drugs, in order to increase stamina and to improve athletic performance. The history of doping, in order to enhance the performance of athletes can be traced back to the times of invention of sports. At that time the individuals who chose to be an athlete were fed a specific diet, including various herbs in order to increase the performance of the athletes[2].

Though these substances helped in increasing the stamina, resulting in improved performance on field, the severe consequences of consuming these substances can not be ignored. The use of doping substances have adverse health effects and these harmful effects sometimes can even extend to premature death.

World Anti-Doping Agency (WADA)

World Anti-Doping Agency (WADA) is an organization by the International Olympic Committee in order to promote, coordinate, and monitor the fight against drugs in sports. A raid by police during “tour-de-France” in 1998 found a large number of prohibited drug substances.  This search raised the issue of forming an organization, which would set unified anti-doping standards for all and to work towards the promotion, coordination and monitoring the efforts of the fight against drugs in sports. These demands resulted in the formation of WADA on 10th November, 1999 in Lausanne, Switzerland. However, since 2002, WADA’s headquarters have been located in Montreal, Canada. Along with coordination and promotion of efforts towards anti-doping laws, WADA’s work includes the monitoring of World Anti-Doping Agency Code (WADC), a document that harmonizes anti doping policies of all the nations[3].

National Anti-doping Agency (NADA) -:

National Anti-doping Agency (NADA) was set up as a registered society on 24th November, 2005, under the Societies Registration Act, 1860. It works as per the rules and policies of WADA. The main motive of NADA is to make sports drug free in India. Regulating dope control programs, promoting education and research and creating awareness about the doping and its deleterious effects on health are the crucial causes, NADA is working for.[4]

Prohibited substances under NADA -:

Article 4 of the National Anti-doping Agency (NADA) contains the provision of prohibited list. However, Article 4.1 states- “Unless provided otherwise in the Prohibited List or a revision, the Prohibited List and revisions

shall go into effect under these Anti-Doping Rules three (3) months after publication by WADA without requiring any further action by NADA”[5]. As per WADA the prohibited list in normal circumstances once per year but it can be modified if any strong hint of abuse is found. WADA’s list is in force and is recognized worldwide. The list contains ten different classes of substances (S0 to S9), three kinds of prohibited method groups (M1 to M3) and one substance group (P1) which only apply to certain sport disciplines.

S0. to S9. contains the substances that help in regulating the body in a manner the athletes desire to. Substances such as drugs used in the treatment of asthma, drugs that are used to stimulate the production of blood cells, drugs that increase the excretion of urine, drugs that increase mental and physical efficiency in a shorter period of time, marijuana etc.

Along with these substances some methods such as Manipulation of blood components, Chemical manipulation of urine samples and Gene and cell doping are also prohibited.[6]

Punishment for doping in India

India, with a share of 12% stands at 4th position in the list of “share of anti doping rule violations”, Russian federation being at top position. Though being at the 4th position[7], India has decriminalized doping. In August, 2020 India has removed the clause of National Anti-Doping Bill, 2018 which mandated an imprisonment of four years or the imposition of heavy fine upto Rs. 10 lakh upon the athlete involved in doping activities. The revised draft has not only addressed the players but the coaches too. Coaches too will be liable only when they are found to be supplying doping substances to the athletes for commercial purpose or their involvement in any syndicate that is involved in such activities are proved beyond doubt. The reason for not criminalizing the doping given by the authorities was, some prohibited substances can legally be purchased though the prohibited performance enhancing substances will not be considered legal in sports but will not stand the general provisions of criminal law.[8]

As per the revised World Anti-Doping Agency (WADA) code, countries have liberty to frame laws for the athletes who compete below national level. Citing the above code the National Anti-doping Agency (NADA) have reduced the punishment for the athletes who compete below national level and have reduced their suspension to a maximum of two years.

Until now two years suspension was the minimum time period for punishment. [9]

Flaws in the system

Though many changes have been made by the authorities in NADA, still there prevails a lot of discrepancies. Many times athletes unintentionally due to ignorance consumes substances that are prohibited under WADA and are held liable. In National Anti-Doping Agency v Jyotsana Pansare, a two year ban was imposed on swimmer Jyotsana Pansare because  the  content of prohibited substances was found in her blood, which entered the swimmer’s body via a face pack and other cosmetic product she used. However, later the time period of two years was reduced to one year[10]. In another case of Manjeet Singh V. NADA, the disciplinary panel held Manjeet Singh liable for the presence of a prohibited substance that entered the athlete’s body via medication administered by a doctor. And the responsibility of checking the substance before consumption is of the athlete and the athletes are expected to get the substance checked in the laboratory.

Conclusion

The step of decriminalizing doping can be said to be in the right direction, taking into consideration the ignorance and lack of awareness of athletes the imposition of ban on the presence of content of the prohibited substance in the blood should also be based on reasonable grounds. The fact of many athletes belonging to a rural area, having lack of basic facilities should not be ignored. The imposed responsibility of getting the content of the substance checked, before consumption should also be dealt with reasonably. Lack of financial assistance to get the test done in the laboratory and the less number of specialized laboratories dealing specifically with these issues can be proven an obstacle and can hold an athlete liable without their fault.

Author :Abhishek Mishra, a student at University of Mumbai Law Academy. In case of any queries please contact/write back to us via email chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

References

[1] Graeme Massie, 20 athletes banned from Olympics for not meeting doping test rules, Independent. Co.uk, July 28, 2021.

[2] The history of doping, ACMT, January 25, 2017.

[3]Solomon&Co., India: Anti doping regulations in India, Mondaq, August 29, 2017.

[4]Solomon&Co., India: Anti doping regulations in India, Mondaq, August 29, 2017.

[5] National Anti-Doping Rules, 2021, art. 4.

[6] Prohibited Substances and Method, The world Anti-doping code International standards(WADA), January 1, 2020 (pdf)

[7]Christina Ghough, Athlete nationalities with the most anti-doping rule violations worldwide, Statista,  July 28, 2021.

[8] Sabi Hussain, Nada decriminalises doping offence by athletes, T.O.I, August 29, 2020.

[9] Mihir Vasavda, Reduced sanctions for dope cheats below national level, Indian.E, February 9, 2021.

[10]PTI/Updated, Swimmer Pansare’s dope ban period reduced to one year, T.O.I, September 26, 2013.