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Anti-Doping And Everything Around It

Doping involves the utilization of banned substances or methods aimed at amplifying athletic performance. It is backed by crafty determination to achieve victory regardless of ethical considerations.Such behavior weakens fair competition, reduces the integrity of sportsmanship, and contradicts the principles of striving for perfection. It opposes fundamental qualities like resilience and valour, diminishes moral integrity in athletics, and unfairly rewards those who commit misbehaviour.

Doping is defined as the occurrence of one or more of the antidoping rule violations set forth in Article 2.1 through Article 2.11 of The World Anti-Doping Code:

2.1: Athletes must prevent the entry of prohibited substances into their bodies, with any presence in their samples considered an anti-doping rule violation, except for specific substances.

2.2: It makes no difference if the use or attempted use of a prohibited substance or method is successful or unsuccessful. It is adequate that the attempt has been made

2.3: Avoiding sample collection, or declining or failing to comply with sample collection without a valid reason

2.4: Whereabouts Failures by an Athlete

2.5: Tampering or Attempted Tampering with any Part of Doping Control by an Athlete or Other Person

2.6 :Athlete or Athlete Support Person cannot possess a prohibited substance or method unless it aligns with a Therapeutic Use Exemption granted under Article 4.4 or other acceptable justification.

2.7: Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method by an Athlete or Other Person

2.8: Administration or attempted administration by an athlete or other person to any athlete in-competition of a prohibited substance or method, or to any athlete out-of-competition of a prohibited substance or method.

2.9: any form of intentional or attempted complicity in an anti-doping rule violation, attempted violation or attempted violation

2.10: states the the disqualifying status of an athlete or other person subject to anti-doping authority in a professional or sport-related capacity with an athlete support person who has served a period of ineligibility, been convicted in a criminal, disciplinary or professional proceeding, or served as a front or intermediary for an individual.

2.11: Acts by an Athlete or Other Person to Discourage or Retaliate Against Reporting to Authorities

Doping Usage in Athletics:
  • Androgenic agents like anabolic steroids for muscle building.
  • Stimulants for alertness and fatigue concealment.
  • Diuretics & masking agents for fluid removal.
  • Peptide hormones like Erythropoietin for increased strength and red blood cells.
  • Glucocorticoids for injury masking due to anti-inflammatory properties.
  • Beta blockers for heart rate control and hand trembling reduction.
Anti-doping is opposing the practice or prohibition of such methods.An anti doping rule violation is committed without regard to an Athlete's Fault has been referred to in various CAS (Court of Arbitration for Sport) decisions as "Strict Liability".

An Athlete's Fault is taken into consideration in determining the Consequences of the anti-doping rule violation under Article 10.The Court of Arbitration for Sport (CAS) resolves sports-related disputes through arbitration or appeal, becoming independent in 1993. Recognized by the Paris Convention.

The World Anti-Doping Program encompasses all of the elements needed in order to ensure optimal harmonisation and best practice in international and national anti-doping programs.

The main elements are
  • Level 1: The Code
    • Level 2: International Standards and Technical Documents
      • Level 3: Models of Best Practice and Guidelines

Infamous Global Doping Cases

Lance Armstrong and the US Postal Service Pro Cycling Team
Lance Armstrong, a renowned cyclist, and his team were implicated in widespread doping procedures involving the use of performance-enhancing drugs (PEDs). This incident sparked legal investigations and lawsuits, including charges of fraud against Armstrong for deceiving sponsors like the US Postal Service by fraudulently saying he competed cleanly. Armstrong was stripped of his seven Tour de France victories, banned from professional cycling for life, and subjected to legal sanctions such as settlements and a public confession.

Russia's State-Sponsored Doping Program
Based on investigations, Russian athletes in a variety of sports engaged in extensive state-sponsored doping, which was organised by anti-doping organisations and officials.Multiple international contests were tarnished by the scandal, notably the 2014 Winter Olympics in Sochi, where positive drug test results were systematically covered up. International sporting organisations like the IOC and WADA sanctioned Russia, preventing athletes from representing their country in important competitions. Appeals and disagreements on the severity and justice of sanctions were among the legal proceedings.

Ben Johnson at the Seoul Olympics (1988)
After winning the 100-metre final at the Olympics in Seoul, Canadian sprinter Ben Johnson tested positive for the anabolic drug stanozolol, which led to his disqualification.More people were aware of the scandal and its implications, which led to testing procedures and anti-doping policies being tightened. Johnson lost his gold medal and could not be allowed to compete again. This instance emphasised how crucial anti-doping laws and their implementation are to preserving the fairness of Olympic competition.

WADA (World Anti-Doping Agency)
The World Anti-Doping Agency was established in 1999 by the International Olympic Committee (IOC) following The Festina affair that shook the world of cycling in the 1998 Tour de France. The incident began when a significant amount of doping goods was discovered in a Festina cycling team support car just before the race began. The IOC is an autonomous, non-profit organisation dedicated to using sport to improve the world. It was founded in 1894 and serves as the highest authority within the Olympic Movement, encouraging cooperation amongst all members of the Olympic family.

WADA is an international independent agency to lead a collaborative worldwide movement for doping-free sport. WADA's governance and funding are based on equal partnership between the Sport Movement and Governments of the world anchored in the values of integrity, openness, and excellence.Its primary role is to develop, harmonise and coordinate anti-doping rules and policies across all sports and countries.

Its key activities include scientific and social science research; education; intelligence & investigations; development of anti-doping capacity; and monitoring of compliance with the World Anti-Doping Program.The World Anti-Doping Program includes all of the aspects required to ensure efficient harmonisation and best practices in international and national anti-doping systems.It operates on the vision of a world where all athletes can participate in a doping-free sports environment, and the mission to lead a collaborative worldwide movement for doping-free sport.

The World Anti-Doping Code
It is critical for purposes of harmonisation that all Signatories base their decisions on the same list of anti-doping rule violations, the same burdens of proof and impose the same Consequences for the same anti-doping rule violations. These rules must be the same whether a hearing takes place before an International Federation, at the national level or before the Court of Arbitration for Sport. The World Anti-Doping Code and Program aim to protect athletes' right to participate in doping-free sport, promote health, fairness, and equality, and ensure harmonised international and national anti-doping programs.

The World Anti-Doping Program in sport is built upon the foundational and international document known as the Code. The Code aims to further the anti-doping campaign by implementing universal integration of essential anti-doping components. It is designed to be sufficiently general in other areas to allow for flexibility in the application of agreed-upon anti-doping principles while remaining particular enough to achieve total harmonisation on matters where uniformity is necessary. Human rights and proportionality were taken into consideration when drafting the Code. The World Anti-Doping Code, first adopted in 2003, has been amended four times since its inception in 2004. The revised code, effective as of January 1, 2021, addresses compliance amendments and reporting of atypical substances.

Important Content Of The Code

The code defines several key terms related to doping and breaking the rules; these are to be adopted by the participating countries. It also offers a framework for uniform anti-doping regulations, testing procedures, sanctions for infractions, and the promotion of clean sport through education and prevention programs. Few of the terms are listed below

Prohibited List (Article 4):

The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition) because of their potential to enhance performance in future Competitions or their masking potential. WADA will publish the Prohibited List annually, providing content and revisions for review and consultation. The revised version will be distributed to Signatory, WADA-accredited or approved laboratories, and governments, and published on WADA's website.

Criteria for Prohibited List:

  • Use of substance or method can enhance sport performance.
  • Use of substance or method may pose health risks to athletes.
  • WADA's determination that substance or method violates the spirit of sport.

Anti-Doping Process:

Notification and Reporting:

Athletes are notified by a doping control officer (DCO) or chaperone about their selection for doping control testing. The athlete must report to the doping control station immediately.

Sample Collection:

The athlete selects a urine sample collection vessel or blood sample collection kit. A blood collection officer (BCO) draws blood from the athlete using two vials.

Sample Splitting:

The athlete divides urine into A and B bottles for second analysis. Blood samples are placed in the A and B bottles.

Sealing of the Sample:

The athlete seals the A and B bottles.

Completing the Doping Control Form (DCF):

The athlete completes the DCF with the DCO, providing personal information and comments.

Sampling and Laboratory Analysis:

The sealed sample is secured and sent to a WADA-accredited laboratory.

Sanctions on Individuals (Article 10):

An anti-doping rule violation during an event can result in the disqualification of all individual athlete's results, including forfeiture of medals, points, and prizes. If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of Ineligibility shall be eliminated. If an athlete admits an anti-doping rule violation before receiving notice of a sample collection, and admission is the only reliable evidence, their ineligibility period may be reduced by one-half of the otherwise applicable period.

Anti-Doping regulatory system in India
NADA
National Anti-Doping Agency (NADA) is the national organisation in India in charge of promoting, organising, and overseeing the anti-doping policy in sports in all of its various forms. NADA India collaborates with WADA and other national anti-doping organisations to strengthen clean sporting practices, contribute to evolving the guidelines and ensure athletes can compete on a level playing field across the world.Its objectives are to guarantee clean sports practices and raise public, coach, support staff, and player understanding of anti-doping issues.

The key areas of functioning include Sample Collection (SC), Results Management (RM), Anti-Doping Education & Awareness, Research and Intelligence & Investigations (I&I). It was founded in 2009 as an independent organisation under the Government of India's Ministry of Youth Affairs & Sports.

National Dope-Testing Laboratory (NDTL)
The dope testing Lab in India was established in 1990 (as Dope control Centre under Sports Authority of India). The lab was modernised in 2002 with an aim to get it permanently accredited by the International Olympic Commission and WADA.

The Lab has successfully completed sample testing for numerous major International as well National events since its inception.Its WADA accreditation was suspended and then reinstated, making it even more significant now.With the restoration of its accreditation, India can now perform dope testing without having to send samples overseas owing to the National Dope Testing Laboratory.

India can now easily meet international sports standards.

Section 34 of the act states On and from the commencement of the act the Societies, namely, the National Anti-Doping Agency and the National Dope Testing Laboratory shall stand dissolved

The National Anti-Doping Act, 2022

The primary objective of the law is to prohibit doping in sports for athletes, support staff, and other individuals.The act seeks to implement the UnitedNations Educational, Scientific and Cultural Organisation International and provide a statutory framework for the National Anti-Doping Agency's (NADA) operations while bolstering anti-doping efforts in sports meeting obligations of India under the said Convention.

The act is divided into seven chapters that define terms related to anti-doping regulations. In addition to prohibiting doping, the act also establishes the creation and composition of a national anti-doping board.

Important Definitions

Section 2(e) defines "athlete support personnel" as:
  • Any coach
  • Trainer
  • Manager
  • Agent
  • Team staff
  • Official medical, paramedical personnel

Any Other person working with or treating or assisting an athlete who is participating in, or preparing for, a competition or event at the national level or international level

Section 2(i) defines "competition" as a single race, match, game or singular contest

Section 2(n) defines "doping Control" stating it includes all steps and processes from test distribution planning up to the disposal of any appeal and enforcement of consequences, including all steps and processes in between.

Including but not limited to:
  • Testing
  • Investigation
  • Whereabouts
  • Therapeutic Use Exemptions
  • Sample collection and handling
  • Laboratory analysis
  • Results Management, hearings and appeals, and investigations proceedings relating to an Anti-Doping Rule Violation
Section 2 (q) defines "In-competition Testing" as collection of sample for testing from an athlete who is participating in a competition where such collection is made at any time during the period commencing at 11:59 p.m. on the day before the competition in which such athlete is scheduled to participate till the end of such competition and the sample collection process related to such competition. Section 2 (x) defines "Out-of-competition Testing" as sample collection during any period other than the period specified for in-competition testing. Section 2 (za) states "Prohibited List" as the list of prohibited substances and prohibited methods specified by the Agency by regulations. Section 2 (ze) defines "sample" as any biological material collected from an athlete for the purpose of doping control. Section 2 (zg) defines "testing" as the parts of the doping control process involving:
  • Test distribution planning
  • Sample collection
  • Sample handling
  • Sample transport to the laboratory and testing of samples
Section 2 (zh) defines "use" as the utilization, application, ingestion, injection, or consumption by any means whatsoever of any prohibited substance or prohibited method.

Prohibition Of Doping In Sport And Anti-Doping Rule Violations

Section 3 states Every Athlete and support personnel must avoid doping in sports, ensure no Anti-Doping Rule Violations, and participate with integrity and ethics. They must accept anti-doping rules and be responsible for understanding prohibited substances and methods.

Section 4 lays down Anti-Doping Rule Violation for the purposes of this Act they are as follows
  • Prohibited substance presence in athlete's sample.
  • Use or attempted use or possession of prohibited substances or methods.
  • Refusal to submit sample collection after notification or evasion.
  • Failure to report whereabouts failure.
  • Tampering or attempting to tamper with doping control.
  • Trafficking or attempted trafficking in prohibited substances or methods.
  • Administration or attempted administration of prohibited substances or methods to athletes.
  • Assisting, encouraging, aiding, abetting, conspiring, covering up.
  • Violation of prohibition against participation during ineligibility or provisional suspension.
  • Prohibited association with athletes, support personnel, or other specified persons.
  • Discouragement or retaliation against reporting to authorities.

Section 5 states Athletes can apply for a Therapeutic Use Exemption from a Prohibited List substance or method, with the agency deciding whether to grant or refuse.

Section 6 lays down The consequences of Anti-Doping Rule Violations by an individual. It includes:
  • Disqualification of results with consequences including forfeiture of medals, points, and prizes.
  • Ineligibility to participate in any competition or event for a specified period and manner.
  • Provisional suspension from participating in any competition or activity prior to appeal decision under section 23.
  • Imposition of financial sanction including proportionate recovery of costs.
  • Public disclosure and other consequences as specified by regulations.

National Board For Anti-Doping In Sports

Chapter 3 of the act deals with the establishment and constitution of NBAD and its functions

Board Membership Requirements (section7)
Chairperson and two Members appointed by the Central Government. Provided such a person cannot hold the position if involved in the International Federation, National Sports Federation, Major Event Organisation, National Olympic Committee, National Paralympic Committee, or Government department with sport or anti-doping responsibility.

Chairperson and member must have at least twenty years and fifteen years of experience respectively in general administration, sports administration, or retired eminent athlete.

the term "eminent athlete" means a sportsperson who has been conferred with a national sports award or Padma award

The term of office of the Chairperson and Members shall be three years or till they attain the age of sixty-five years, whichever is earlier.

The Central Government may temporarily charge a Chairperson or Member with a vacancy due to death, resignation, or illness. The Chairperson or Member cannot accept employment with any International Federation or National Sports Federation, except in a Central Government-controlled body or institution.

The Chairperson or a Member may either relinquish the office by themselves or either be removes by the central government on various grounds after giving reasonable opportunity of being heard

Those grounds are as follows:
  1. has been adjudged an insolvent; or
  2. has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
  3. has become physically or mentally incapable of acting as a Member; or
  4. has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or
  5. has so abused his position as to render his continuance in office prejudicial to the public interest; or
  6. has been found to have committed any Anti-Doping Rule Violation

Section 8 states The Board meets regularly, follows regulations, and makes decisions based on simple majority. No act or proceeding can be invalidated due to vacancy, appointment defect, or irregular procedure.

Powers and functions of the Board (section 10)
The Board is responsible for ensuring international obligations and commitments are implemented and monitoring compliance, while also advising the Central Government on regulating anti-doping in sports.The Board oversees the Agency's activities and may request reports on compliance with anti-doping rules, integrity, fair play in sports, implementation of anti-doping measures, strategic planning for future years, and any other matter deemed expedient by the Board to achieve the objective of eliminating doping in sports.

The Board can recommend eliminating doping in sports and request information from the Disciplinary Panel and Appeal Panel for effective anti-doping rule violations.

Disciplinary Panel.
The Board shall, for the purpose of determining the consequences of Anti-Doping Rule Violations under this Act, constitute a National Anti-Doping Disciplinary Panel

The Disciplinary Panel shall consist of:
  • Chairperson: Legal expert with 10+ years of experience.
  • Vice-Chairpersons: Legal experts with 7+ years of experience.
  • Medical practitioners: Five members with 5+ years of experience.
  • Sports administrators: Five+ years of experience or retired athletes.
The Disciplinary Panel, including the Chairperson, Vice-Chairperson, and other members, is appointed by the Board for a two-year term, subject to regulations. Members are eligible for reappointment. If a panel member dies, resigns, or is removed, the Board can appoint a suitable replacement for the remainder of the panel's term.

A hearing panel of three members, consisting of the Chairperson or Vice-Chairperson, a medical practitioner, and a sports administrator or retired athlete, is formed to hear and determine the consequences of Anti-Doping Rule Violations.

Appeal Panel (Section 12)
For the purposes of hearing of appeals under this Act, the Board shall constitute a National Anti-Doping Appeal Panel

The Appeal Panel shall consist of:
  • Retired High Court Judge Chairperson
  • Vice-Chairperson: Legal expert with ten years of experience.
  • Two registered medical practitioners with ten years of standing.
  • Two retired eminent athletes or sports administrators with ten years of experience.
The Board appoints the Chairperson, Vice-Chairperson, and other members of the Appeal Panel for two-year terms, subject to regulations. Members are eligible for reappointment.

If a panel member dies, resigns, or is removed, the Board can appoint a suitable replacement for the remainder of the member's term.

A panel of three members, consisting of the Chairperson or Vice-Chairperson, a medical practitioner, and a sports administrator or retired eminent athlete, will be formed for hearing appeals under this Act.

According to section 13 The Board is required to submit an annual report detailing its actions, proposals, research, and other measures under section 10 to the Central Government, and the report must be presented to each House of Parliament.

National Anti-Doping Agency

Section 14 of the act states The National Anti-Doping Agency, established before this Act, is a body corporate with perpetual succession, power to acquire, hold, and dispose of property, and a head office in New Delhi. The Central Government determines necessary officers and staff, with the Board overseeing activities.

The director general under section 15 has been given administrative control over the officers and other staff of the Agency. The Agency's powers and functions are carried out by the Director General appointed by the Central Government for a period of three years. A replacement for a vacancy, an absence, or illness may be the Director General. In the event of proven misconduct or incapacity, the Central Government may force them to resign or be removed.

Powers and functions of Agency (section 16)
The Agency is tasked with implementing anti-doping rules and policies in sports adhering to global norms, ensuring dope-free competition and managing sample collection, test results, and national results management.

the Agency shall perform the following functions, namely:�
  1. Planning, coordination, implementation, and monitoring anti-doping activities.
  2. Preventing Anti-Doping Rule Violations.
  3. Conducting anti-doping sensitization and advocacy measures.
  4. Investigating and managing Anti-Doping Rule Violations.
  5. Adopting and implementing anti-doping rules and policies.
  6. Implementing the Convention in accordance with the Act.
  7. Enforcing anti-doping rules by exercising authority over athletes, support personnel, and other persons.
  8. Promoting anti-doping research.
  9. Cooperating with the World Anti-Doping Agency, Other Anti-Doping Organisations, National Sports Federations, and International Federations.
  10. Establishing best practices in marketing and distribution of nutritional supplements.
  11. Facilitating information sharing on doping substances, practices, or violations.
  12. Establishing code of conduct for officers and employees.
  13. Establishing standards for manufacturing nutritional supplements for sports in India.

The Agency may constitute various committees or one or more investigation teams, as it deems fit, for the discharge of its function under this Act

Power of entry, search and seizure (Section 19)
It gives power to the Officers of the agency to enter places, search premises, and seize materials to inspect, examine, and determine Anti-Doping Rule Violations, potentially providing evidence or preventing violations. Where the Agency has reasons to believe that an athlete or athlete support personnel or any other person to whom this Act applies has committed an Anti-Doping Rule Violation, any person authorised by the Agency may, in accordance with the provisions of the Code of Criminal Procedure, 1973

The Agency requires athletes to submit samples for testing if they violate Anti-Doping Rule regulations. If no Therapeutic Use Exemption is granted, the Agency takes appropriate actions.

Hearing by Disciplinary Panel and determination of consequences thereof (section 22)
The Agency issues a notice to an athlete or other person accusing them of an Anti-Doping Rule Violation. If the athlete does not waive their right to hearing, the Agency refers the matter to the Disciplinary Panel for hearing and determining the consequences. The Panel hears and determines all issues and determines the consequences of the violation.

Each party has the right to be represented and have an interpreter at their own cost. The Disciplinary Panel can appoint an expert and regulate its own procedure. Each party has the right to present evidence, including the right to call and question witnesses. Written submissions with all documents reliant on the evidence are allowed. The Disciplinary Panel determines the consequences of Anti-Doping Rule Violations by unanimous or majority order.

Hearing of appeal by Appeal Panel. (section 23)
The Act allows aggrieved parties to appeal decisions made by the Disciplinary Panel, including refusals to grant Therapeutic Use Exemption, imposition of consequences for Anti-Doping Rule Violations, and other regulations. The Appeal Panel has the power to regulate its procedures and appoint an expert. Parties have the right to be represented, present evidence, call witnesses, and submit submissions. The Panel must complete hearings promptly and dispose of appeals within three months of the Disciplinary Panel's order. The decision is communicated to parties concerned. Aggrieved parties can also appeal to the Court of Arbitration for Sport.

Finance, Accounts, Audit And Reports

Grants by the Central Government
The Central Government can grant funds to meet administrative and operational expenses of the Board, Agency, and National Dope Testing Laboratory, after Parliament's law-made appropriation, to fulfil its commitments under the Convention and the purposes of this Act.

Accounts and audit
The Central Government and the Comptroller and Auditor-General of India are responsible for maintaining proper accounts and records, and conducting audits of these bodies. The Comptroller and Auditor-General of India has the same rights and privileges as the Comptroller and Auditor-General of India for auditing Government accounts. They can demand documents and inspect offices. The accounts and audit report are forwarded annually to the Central Government, which then presents it to each House of Parliament.

The National Dope Testing Laboratory
Dope testing laboratories (section 26)
It is established and functioning as such prior to the commencement of this Act shall be deemed to be the principal dope testing laboratory established under this Act.

This section gives central government the power to establish and recognise one or more laboratories or institutes located within India

Dope testing laboratories established under this section may obtain accreditation from the World Anti-Doping Agency or other accrediting bodies, maintaining these accreditations for continued operation.

National Dope Testing Laboratory and other recognized laboratories can test samples for sports federations, events not recognized by the International Olympic Committee or Central Government, and conduct other tests or sample analysis.

Further, The Central Government may make rules to provide for the qualifications and experience,the salaries and allowances payable of the technical and non-technical staff of the National Dope Testing Laboratory along with the standards for establishment and functions of the laboratories

Section 27 states that The Agency shall publicly disclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of the athlete or other person committing the Anti-Doping Rule Violation, the prohibited substance or prohibited method involved (if any) and the consequences imposed, in accordance with such procedure as may be specified by regulations

Section 32 states that every rule and regulations to be presented to each House of Parliament for thirty days, and any modifications or annulments will not affect the validity of previous rules or regulations.

Power to Make Rules by Central Government Section 29

  • Protected persons and their application.
  • Salaries and allowances for Chairperson and Members of the Board.
  • Salaries and allowances for officers and other employees of the Board.
  • Form and manner of furnishing an annual report.
  • Salaries and allowances for the Director General, officers, and other staff of the Agency.
  • Qualifications and experience for appointment as Director General.
  • Form for preparing annual statement of accounts.
  • Method of carrying out functions of the National Dope Testing Laboratory.
  • Method of undertaking other tests or samples analysis.
  • Qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory.
  • Standards for establishment, recognition, maintenance, and operation of dope testing laboratories.
  • Functions of the dope testing laboratory and procedure for sample submission.

Power to Make Regulations by Board Section 30

  • Meeting times and places, including quorum.
  • Disciplinary Panel formation and appointment, with conditions.
  • Removal of Disciplinary Panel members.
  • Formation of an Appeal Panel.
  • Appointment of Chairperson and Vice-Chairperson, with conditions.
  • Activities for eliminating doping in sports.
  • Disciplinary Panel procedure.
  • Written submissions submission procedure.
  • Communication of Disciplinary Panel decision.
  • Appeals against decisions.
  • Appeal Panel procedure under.
  • Communication of Appeal Panel decision.
  • Other regulations for implementing Act provisions or fulfilling Convention obligations, except for matters under section 31.

Power to Make Regulations by Agency Section 31

The requirements of international obligations and commitments including the Code is compiled by the agency and for the same regulation powers are given to the agency by the act. The agency can make regulation on the following matters:
  • Procedures for testing, analysis, and sample collection.
  • Standards for collection, storage, and retention of samples.
  • Procedures for investigating and determining Anti-Doping Rule Violations.
  • Procedures for negative and adverse analytical findings.
  • Principles for provisional suspension of athletes alleged to have committed an Anti-Doping Rule Violation.
  • Procedures for assessing and granting Therapeutic Use Exemptions.
  • Procedure for re-entry of banned athletes.
  • Procedures for in-competition and out-of-competition testing of athletes.
  • Measures for promoting research and advocacy in sports doping.
  • Implementation of anti-doping control activities and anti-doping education programs.
  • Procedure for search and seizure of premises, sample collection, and information collection.
  • Implementing measures to eradicate doping in sports.

Doping And Olympics

The creed of the Olympics states: "The important thing in the games is not winning but taking part. The essential thing is not conquering, but fighting well"

Over time, doping has changed from being an informal, unregulated activity to becoming a closely monitored, regulated part of international sports. As athletes and sports organisations continue to adjust to new substances and techniques for performance enhancement, the fight against doping is still going strong.

During the 1904 Olympics in St. Louis, doping was first observed in sports, with athletes using drugs like strychnine and alcohol to improve their performance. Between the 1930s and the 1950s, the use of performance-enhancing drugs became more organised, but there were no official anti-doping laws in force. The 1960s saw the beginning of anti-doping measures after the death of Danish cyclist Knud Enemark Jensen during the 1960 Rome Olympics, highlighting the risks associated with doping.

The Medical Commission, which was founded by the International Olympic Committee (IOC) in 1961, was eventually in charge of anti-doping initiatives. The first doping tests were officially introduced at the Munich Olympics in 1972. In the 1980s, doping scandals brought attention to the pervasive use of performance-enhancing drugs.

In 1999, the IOC established the World Anti-Doping Agency (WADA) to coordinate global efforts against doping. Anti-doping efforts have become more sophisticated with blood and urine tests for a wider range of substances.

Recent events highlight the importance of maintaining fair play and true athletic achievement in the Olympic Games and beyond. Progress has been made in identifying and discouraging doping, but constant watchfulness is needed to ensure fair competition for all athletes. Advancements in technology and methods are necessary to maintain the legitimacy and fundamental elements of the Olympic movement for future generations.

Conclusion
In the context of sports, doping poses a complicated challenge in India that touches on matters of ethics, public perception, governance, and health. While there has been progress in the fight against doping, maintaining a culture of clean sportsmanship requires a sustained commitment from all stakeholders, including athletes, sports federations, governments, and the general public

According to the recently released 2022 statistics by the World Anti-Doping Agency (WADA), out of 3865 samples handled by National Anti-Doping Agency (NADA), 125 (3.2 per cent) tested positive � the most in any country this report shows India has significant potential for further reform in anti-doping education, mitigating inadvertent doping risks, adopting best practice standards for procedural fairness and testing procedures, and potential legislative and institutional reform.

High-profile institutional failures in India, such as WADA's suspension of the NDTL, allegations of substantive errors by first-instance tribunals, false positive and false negative tests, and legal challenges in High Courts, have undermined the confidence of athletes and other stakeholders in the anti-doping system. Athletes rarely have recourse to institutions outside India, with only one of over 1200 athletes having appealed to the CAS in over a decade.

NADA's Key Initiatives to tackle such sitution:
  • PEADS Program for education and awareness on anti-doping in sports.
  • MoU signed with South Asia Regional Anti-Doping Organization for regional cooperation.
  • Anti-Doping helpline for athletes and support personnel.
  • Narcotic Drugs and Psychotropic Substances Act, 1985 prohibits narcotic drug or psychotropic substance activities.
  • India ratified the UN Convention against Doping.
Advances in technology and scientific methods for detecting doping, along with global awareness and strict anti-doping regulations, provide hope for a cleaner and more equitable sporting environment. Education about doping risks and ethical values promotes integrity and transparency. Stakeholders, including sports organisations, governments, and the public, can work together to minimise doping and preserve the spirit of sport, ensuring equal competition for athletes.

References:
  • https://prsindia.org/files/bills_acts/acts_parliament/2022/The%20National%20Anti%20Doping%20Act%202022.pdf
  • https://www.wada-ama.org/sites/default/files/resources/files/2021_wada_code.pdf
  • https://olympics.com/en/paris-2024/committee/our-responsibilities/anti-doping
  • https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9367925/
  • https://nadaindia.yas.gov.in/

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The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

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Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

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