This article is written by Sharvani Madugula, pursuing the Lord of the Courses Judiciary Course, from LawSikho, and edited by Koushik Chittella. This article provides a brief overview of the battle against doping in sports in India, highlighting the key features of the National Anti-Doping Act, 2022.

Introduction

Doping, in simple words, means the use of a substance or a technique to improve the performance of an athlete. In sports, it involves the use of drugs that are called performance-enhancing drugs (PED) in competitive sports, which gives the athlete various benefits, including a higher chance of winning the competition. It is a concerning problem all around the world that could be controlled through the implementation of rules and regulations.

Performance-enhancing drugs: meaning

Performance-enhancing drugs are drugs banned by competitive gaming authorities as they help increase performance in the human body. They are mostly used by sportsmen, military personnel, and bodybuilders to enhance their performance in their respective fields. Some students who seek to increase their academic performance also use drugs like cognitive performance-enhancing substances. The most commonly banned drugs are anabolic steroids, diuretics, stimulants, growth hormones, etc., and some of the above-mentioned drugs are to be taken under strict prescriptive supervision by health experts, failing which may lead to severe health risks for the person using them.

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Effects of consuming PED

Athletes should prioritise their health; they should not opt for winning by consuming wrongful means that are banned. Consuming PEDs affects the human body in numerous ways; most of the risks primarily affect the cardiovascular, respiratory, hormonal, central nervous system, and mental health. Some of the health risks associated with the intake of PEDs are sudden heart attacks, irregular heartbeats, depression, anxiety, infertility, suicidal thoughts, and addiction to drugs. Some over-the-counter medicines (OTC) are also banned from usage along with PEDs due to their similar effects.

PEDs are a concern

The use of performance-enhancing drugs may show instant results, which may be fruitful to athletes, but they don’t care about the long-term health effects caused by the usage of such drugs, due to which athletes may also lose their reputation, which further leads to the forfeiture of their medals and prizes won before. This may even happen due to a lack of guidance and proper supervision. The World Anti-Doping Agency (WADA) introduced its anti-doping programme to promote genuine sports along with player protection by controlling the breach of moral values in competition. This helps players engage themselves with game spirit and promote a clean sporting culture. These anti-doping rules are needed to promote healthy sports and protect the health of players from banned drugs. Many countries have already had their own legislation for doping activities in sports.

Causes of engaging in doping

Some causes that engage athletes to participate in such activities are: 

  1. Lack of awareness: Athletes are not aware of the rules specified by WADA, and there is no proper guidance given to athletes about the consequences of such prohibited drugs.
  2. Winning pressure: Athletes engage in consuming banned drugs due to their efficiency to carry out the performance effectively. Due to the pressure of winning, athletes seek easy and unethical choices for winning the competition. This may happen due to the fear of losing reputation if lost in the sport.
  3. Lack of Governance: Till 2022, there was no proper legislation to regulate doping activities, and no strict penalties were sanctioned, which led athletes to continue to choose immoral ways.

Consequences that arise due to doping

There are various consequences that affect the athlete, including:

  1. Damage to Reputation: In addition to health risks, it also affects the reputation of players.
  2. Loss of sponsorship: Athletes who are caught doping may lose their opportunity to get sponsored for further events.
  3. Effects on young players: Players may get influenced by the easy and unethical ways of winning the competition; such consumption leads to suspension at very young ages.

Overall, the integrity and fairness of the sporting culture may be tarnished, which may also cast a negative impression on players.

Legal framework in India

World Anti-Doping Agency

The World Anti-Doping Agency (WADA) was formed in 1999. It is an international, independent organisation located in Canada. It was formed to promote healthy sports and protect the rights of players. It was an outcome of the International Olympic Committee’s (IOC) first world conference on doping. It was a non-profit organisation with the primary role of developing, harmonising, and coordinating anti-doping across all sports and countries. It ensures that the standards are being followed and that proper implementation of the World Anti-Doping Code. Such ensuring is done through investigations, research, and educating sportsmen and others about the regulations. It distributes the list of prohibited substances at least once a year to its signatories. It also provides exemptions for the use of prohibited substances in the case of therapeutic use; it is also called Therapeutic Use Exemptions (TUE). More than 650 sports organisations and many governments have adopted the code. Governments are bound by the rules and regulations, even though this is a non-governmental document. It was ratified and implemented by the UNESCO International Convention against Doping in Sports, which was the international treaty unanimously adopted by 191 governments at the UNESCO General Conference in 2005 and came into force in February 2007.

India was one of the signatories to the United Nations Educational, Scientific, and Cultural Organisation (UNESCO) International Convention against doping in sports. India signed the said convention in 2005 and ratified it in November 2007. As a result of the said convention, to fulfil the commitments made, it established the National Dope Testing Laboratory in 2008 and the National Anti-Doping Agency in 2009.

National Dope Testing Laboratory (2008)

The National Dope Testing Laboratory (NDTL) was initially established in 1990. NDTL was an autonomous body established under the Ministry of Youth Affairs and Sports, Government of India. It was accredited by the National Accreditation Board for Testing & Calibration Laboratories (NABL) in 2003 and the World Anti-Doping Agency (WADA) in 2008. It aims to get permanent accreditation from the International Olympic Committee (IOC). For numerous national and international events, the lab has completed sample testing successfully. It was authorised to test both urine and blood samples of humans. NDTL is the only testing laboratory in India for human dope testing in sports, so the need for the implementation of more laboratories for testing is frequently highlighted.

National Anti-Doping Agency (NADA) (2009)

NADA was established as an autonomous body to regulate doping activities in sports under the Society Registration Act, 1860, in 2009. Due to a lack of regulatory legislation, challenges were high in the eyes of the law. Sanctions were imposed without proper backup regulations. To address the challenges faced in doping in sports. A bill has been presented and passed in both houses, and the same was given assent by the president on August 12, 2022.

National Anti-Doping Act, 2022

The Anti-Doping Act of 2022 was the turning point in the battle that was running against doping activities in sports. The Act encompasses several key provisions that aim to safeguard the integrity, fairness, and credibility of sports. Here are some features of the Act:

  • The main objective of the Act was to provide for the constitution of NADA in order to regulate anti-doping activities in sports, irrespective of the category of sports.
  • The aforesaid Act gives effect to UNESCO, International Convention against Doping in Sport, and adheres to such other obligations and commitments thereunder and for matters incidental thereto.
  • It also discussed the health risks of athletes.
  • The Act aims to fight against the use of prohibited substances by athletes in sports.
  • It provides a legal framework regarding doping-related issues by all means.
  • A National Board for Anti-Doping in Sports has been established.
  • It provides a mechanism for testing and investigation.
  • It also mentioned adjudication of cases as well as penalties for violations of rules.
  • A list of prohibited substances and methods is also identified and mentioned.
  • An outline of procedures for sample collection, handling, and analysis has been mentioned for the reliability of the testing process by authorised agencies.
  • Penalties for athletes have been imposed in a very strict manner in cases of violation of rules.
  • Penalties may be in the form of fines, a provisional suspension, or a complete ban from sports.
  • The Act also gave authorities the power to disqualify from competition and forfeit all existing medals and prizes won.
  • It highlighted the need for establishing more testing laboratories.
  • The Act also focused on the awareness programmes that had to be created among players by educating them about the rules and prohibited substances.
  • The Act not only speaks about the awareness of athletes but also coaches, parents, and other interested parties.
  • The Act promotes clean and ethical sport culture and encourages compliance with anti-doping regulations.
  • This Act also encourages cooperation and collaboration with international anti-doping organisations, law enforcement agencies, and sports federations for effective combat against doping.

Role of NADA

The Act gave various powers to the National Anti-Doping Agency, and an agency was set up as the apex body responsible for coordinating and implementing anti-doping activities. Here are some crucial features of NADA:

  1. It plays a major role in investigations, testing programmes, and enforcing rules and regulations of doping correctly.
  2. The primary responsibility of implementing the provisions of the Act was given to the agency
  3. The agency has power to constitute some kind of committee for discharge of its functions.
  4. It also gave it the power to form one or more investigation teams with as many experts as it deemed fit.

Recent cases of doping in India

  • In a report produced by WADA in 2022, out of the 26 nations that were tested, India tops the list of doping offenders with 125 adverse analytical findings (AAF) out of 3865 samples that have been sent for testing in the form of urine, blood, and dried blood spots. In a global comparison of tested samples, India is the only country with more than 100 positive results, with the highest percentage of 3.2% AFFs.
  • India ranked as one of the worst doping rule violations countries across the world, it ranked as second-highest country according to the test conducted by WADA in 2022.
  • Between April 2022 and March 2023, there were 142 Indian athletes who were caught for doping-related activities, where athletics topped the chart, followed by weightlifting, wrestling, and powerlifting.
  • Recently, an eight-year ban has been imposed on Nirmala Sheoran by the disciplinary panel of NADA because of a positive result for a banned substance in the test conducted. It was her second ban after failing the dope test in 2018. She was tested positive for anabolic androgenic steroids (AAS) and testosterone, which help in muscle building and enhancing strength. Before her four-year ban in 2018, she was a gold medalist in the women’s 400-metre race of the Asian Athletics Championship held in 2017 at Bhubaneswar. She also completed the Rio 2016 Olympics.

Cases of Doping in Minors

Doping in sports is not only limited to adult athletes; a vast number of minors have also been engaged in taking banned substances in competition. In a global study conducted by the WADA, India was named the second worst country in a 10 year history of doping cases of minors. Russia tops the list, followed by India. A minor is defined as a person who is under 18 years of age, according to the WADA code. The youngest minor who was sanctioned for a doping violation was a 12-year-old.

Other doping cases that caused outrage in India

  • Prithvi Shaw: He was given an eight-month ban in 2019. He tested positive for terbutaline, which is commonly found in cough syrup.
  • Yusuf Pathan: During a domestic game held in Delhi, Pathan tested positive for the same banned substance that was found in Shaw’s result. BCCI handed out a five-month ban in 2018.
  • Sanamacha Chanu: She was a weightlifter who was tested positive for the second time in 2010, after being tested positive at the 2004 Athens Olympics.
  • Monika Devi, India’s lone entry to the 2008 Beijing Olympics, missed her event chance after testing positive for an anabolic salt.
  • Narsingh Yadav, who was banned for four years due to a positive test result for banned anabolic steroid, alleged that there was a conspiracy to prevent him from participating and to damage his reputation, but failed to prove it.
  • Renjith Maheshwary was a triple jumper from Kerala and was suspended for three months in 2008 on the result of testing positive in a urine sample produced. He was suspended by the Athletics Federation of India.
  • Seema Punia, a discus thrower, tested positive for a banned substance in 2000, which resulted in stripping off the gold medal she won at the Chile event. Later, she was tested positive for another banned substance usage, but was cleared of all AFI charges.

Conclusion

The major turning point towards controlling doping activities in India was providing a legal framework by introducing the National Anti-Doping Act of 2022. This Act gave powers to NADA, and a primary objective of the agency has also been directed, which aims at ensuring honour and transparency in sports. Along with the establishment of the National Board and a head for the same, there are still some measures that have to be taken into account for more accurate results in development. We have also witnessed a number of minor doping cases in recent times that highlight the need to educate athletes at a very young age about the clean sports system and avoiding health risks. Sustainable development must be there to uphold the values and honour of sporting culture. That can be achieved only through the collective efforts of each and every agency by upholding their responsibility, as it has been a continuous journey for years. So we have to be watchful and take an active look at the protection of players and sports.

References

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