Introduction
Doping can be defined as the use of a technique or substance to illegally improve athletic performance.[1] Athletes turn towards doping to increase their stamina and performance in an unnatural way. It is considered wrong on both a moral and ethical level. However, doping has become extremely common and rampant in the world of sports in the past few decades due to an extremely high level of competition.
Doping regulations exist at both national and international levels. However, both these regulations are generally at odds with each other as there is barely any coordination between the two. Sportspersons are expected to deliver extraordinary results, and the level of expectations attached to them are fairly unreasonable at times. This in turn pushes them towards the use of Performance Enhancing Drugs (PEDs).
The act of doping undermines the concept of fair play and sportsmanship to its core. However, from the perspective of entertainment, it provides fans with unreal highlights and competition. Nevertheless, the act of doping is unethical, unlawful and affects the users both physically and mentally.
International Regulations
The International Olympic Committee, to curb the rampant use of banned chemical substances which were being consumed to bolster athletic performance, established the World Anti-Doping Agency (WADA) in 1999.[2] The primary function of the WADA is to conduct scientific research and monitor the application of the World Anti-Doping Agency Code (WADC).[3] The WADA also focusses on spreading awareness and educating athletes regarding the side-effects of the use of PEDs, and their illegality. Another important function of WADA is to coordinate with various nations and help them set up their own regional/national laws regarding the same issues.
Apart from spreading awareness and education, other important aspects of the work of WADA include monitoring effective implementation of the WADC and its related International Standards; scientific and social science research; education; intelligence and investigations; and building antidoping capacity with anti-doping organizations worldwide.
WADA also administers the Anti-Doping Administration & Management System (ADAMS) which is free of cost web-based platform that centralizes doping control-related information such as athlete whereabouts, testing history, laboratory results, the Athlete Biological Passport (ABP), Therapeutic Use Exemptions (TUEs) and information on Anti-Doping Rule Violations (ADRVs). ADAMS assists in maintaining transparency and effectiveness in the anti-doping operations throughout the world.
Domestic Regulations
India is a signatory and member to the UNESCO International Convention against Doping and the Copenhagen Declaration on Anti-Doping. Being a signatory to both the international treaties, India established its own National Anti-Doping Agency (NADA) in 2005.[4] The main function of NADA is to carry out the responsibilities that the WADA has laid down in its Code. Therefore, NADA is responsible for closely monitoring the doping control programme. It also works towards spreading promotion and awareness of anti-doping.[5]
NADA is the primary authority which ensures that Indian athletes are not engaging in acts of doping for competitions. It regularly tests athletes before competitions to detect any use of PEDs. The adoption of the WADC, almost by the letter, by NADA has not yielded expected results as it ignores the ground reality of the country.
According to the WADC, athletes and sportspersons always must keep track and be educated about the complex chemicals and anti-doping practices.[6] However, the Indian athletes are often not properly educated due to a host of factors such as low literacy rate, financial constraints, lack of access to proper health care advise etc. Several pharmaceutical and cosmetic products also s contain substances which fall under the category of PEDs. Many athletes have been penalised because of a lack of knowledge regarding these issues. Swimmer Jyotsana Pansare faced a disciplinary action as she was found to have used [7] a cosmetic product containing a chemical which was banned under the WADC. Attempt should be made to make regulations more suitable to the Indian socio-economic conditions.
Anti-Doping Bill
The National Anti-Doping Bill (“The Bill”) was approved by the Lok Sabha on July 27, 2022[8], in an effort to curb doping in sports. The Bill is currently pending with the Rajya Sabha. The Bill seeks to establish clear and consistent laws regarding doping and to set up India’s own testing labs.
The Bill establishes a legal basis for the NADA's operation by giving it broader authority over conducting inquiries, searches, and seizures as well as supervision of the National Dope Testing Laboratory (NDTL).[9] Athletes, support staff, and other people are prohibited from using drugs during sporting activities under the Bill.
The Bill seeks to change the status of NADA from a society to a statutory organisation with a director general chosen by the Central Government.[10] The organisation will focus on a range of issues, such as organising and overseeing anti-doping initiatives, looking into anti-doping rule infractions, and advancing anti-doping research.
Moreover, the Bill aims to establish a National Board which would supervise NADA in its operations and give it directives.[11] The National Board would advise the government on anti-doping laws and ensure compliance with international anti-doping obligations.
Conclusion
The National Anti-Doping Bill is an attempt on part of the government to promote a healthy sporting environment in the country. Its effectiveness in curbing the menace of doping can only be assessed once it comes into force.
The NADA can take several steps to make their regulations more effective. As a preliminary step, NADA can send the athletes a list of prohibited substances in their native and regional languages, organise campaigns in all parts of the country to inform the athletes about the medical as well as legal consequences of doping.
[1] Merriam Webster, https://www.merriam-webster.com/dictionary/doping. [2] Bharti Sharma, A Critical Analysis of the Impact of Doping in Sports Domain, 4 (2) IJLMH Page 129 - 152 (2021), DOI: http://doi.one/10.1732/IJLMH.26038 [3] World Anti-Doping Agency, What we Do https://www.wada-ama.org/en/what-we-do, [4] Supra note 2. [5] National Anti-Doping Agency, Ministry of Youth Affairs & Sports, https://www.wada-ama.org/en/what-we-do, [6] The World Anti-Doping Code, https://www.wada-ama.org/en/what-we-do/world-anti-doping-code. [7] NADA v. Jyotsana Pansare, Appeal No. 13. ADAP.2012 [8] The Hindu Bureau, Parliament passes National Anti-Doping Bill (The Hindu, August 3, 2022)https://www.thehindu.com/news/national/parliament-passes-national-anti-doping-bill/article65722791.ece accessed on 31 August 2022. [9] PRS Legislative Research, The National Anti-Doping Bill, 2021 https://prsindia.org/billtrack/the-national-anti-doping-bill-2021 accessed on 31 August 2022. [10] ibid [11] ibid
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