Ensuring Integrity in Indian Sports: National Sports Federations and Doping Regulations in Upward Mobilization of Fair Play

20th November, 2024 - 6:11 am Categories: Sports Law 0 Comments

INTRODUCTION

It has been discovered that doping has been in practice in the sports industry for many years. It is primarily utilised to improve the athlete’s performance but has been found to have negative effects health wise. According to Cambridge Dictionary, Doping refers to “the act of giving a person or animal drugs in order to make them perform better or worse in a competition”[1]. The National Sports Federations and International Sports regulators have been cautious and have tried to come up with policies and regulations to regulate the use of drugs and uphold the sports integrity. India has National Anti-Doping bill 2021, which mentioned several factors that if breached or infringed can lead to disqualification. This blog takes its theme from the new Draft National Sports Governance Bill 2024 that has been deposited in the public domain by the Centre for feedback, this being the pre-legislative consultation procedure.

DOPING IN SPORTS: THE EMERGING NEW DILEMMA

Doping is still one of the biggest violations of sports equity, which has grown in sophistication to new forms of substance and procedures. Today they use anabolic steroids, stimulants, erythropoietin (EPO), hormones such as human growth hormones (HGH), and genetic methods of manipulation. Hence, as doping continues to evolve ever in methods and ways, the global antidoping organization that is WADA (World Anti-Doping Agency) [2]and affiliate national bodies condone complex detection, rigorous measures, and more and closer partnership with National Sports Federations (NSFs). The Draft National Sports Governance Bill 2024 strengthens the hand of NSFs to implement anti-doping measure in India and makes them significant stakeholders in the war against doping.

MAJOR POINTS OF THE DRAFT NATIONAL SPORTS GOVERNANCE BILL OF 2024:

Here are some points that are majorly discussed in the draft national sports governance bill 2024.

1. Enhanced Athlete Welfare and Rights: The bill mainly seeks to protect athletes by prescribing right procedures for their selection, construction of better facilities for them, timely issue of awards and bonuses. This disposition is athlete centered and seeks to facilitate the performance of athletes while eliminating a lot of bureaucratic and procedural encumbrances.
2. Increased Accountability for Sports Bodies: The bill provides strict regulation requirements for the National Sports Federations, which allows for the organization’s decision on their operation, management of the financial resources and the athlete’s rights. These measures of accountability serve to eliminate situations which may involve conflict of interest, and to protect against situations which involve abuse.
3. Stricter Anti-Doping Policies: To counter the modern ways of doping, the bill includes WADA recent changes of regulations and put up the following stringent anti-doping provisions. WADA’s core proposal of the new draft, called the Athlete Biological Passport (ABP) program is designed to record specific biological parameters of athletes over point of time, thereby providing detectable patterns of shift that signal banned substances.
4. When it comes to gender equity, the empowered Bill seeks to create and sustain equal opportunity especially for women in the sports exercising mechanism with the support of the Draft National Sports Governance Bill 2024. What it does is it requires that sports organizations provide for female athletes the same training and other opportunities as are provided to male athletes, something that had for a long time not been the case. There are also new measures to prevent sexual harassment and abuse in sports bodies by mandating with clear polity and confidentiality protected complaints mechanisms of strict zero tolerance.
5. Next up, Independent Sports Tribunal: The above marked draft recommends the formation of an independent sports tribunal to resolve grievances of athletes, coaches and sports officials so that everyone is facilitated an impartial determination within the stipulated time.
6. Digitization and Transparency in Selection Processes: The bill requires the use of records in electronic format and expounding how athletes will be selected hence minimizing bias.

ENHANCING NATIONAL SPORTS FEDERATIONS’ FUNCTION IN ANTI-DOPING INITIATIVES:

Some of the anti-doping measures contained in the bill propose extraordinary reliance on National Sports Federations. WADA’s (World Anti-Doping Agency) mission is to ensure that, in addition to enforcing requirements, athletes are informed and supervised and undertake tests frequently. NSFs are crucial in preventing doping in the following ways:

Firstly, there is Policy Implementation and Enforcement wherein they are supposed to ensure that their policies adopt the WADA set standard in fighting against the doping. This will involve aspects such as conducting tests frequently, being in compliance with the set rules and regulations and handling the general fight against doping within that country.

Secondly, Education and Awareness Programs are being created. NSFs also engage in awareness creation to create imprint to athletes, coaches and other support staff for the existence of doping and the consequences that may likely be faced on default. These programs show and help athletes and staff to learn about ethical sportsmanship.

Thirdly, Independent Testing Agencies are to be established. In order to avoid conflicts of interest, many NSFs often outsource the testing to other third-party bodies. For example, India has the National Anti-Doping Agency guidelines (NADA)[3]that works at the throughout the country to provide credibility on the anti-doping activities.

Furthermore, Disciplinary Action and Sanctions, NSFs also have the power to act in punishment of athletes in relations to anti-doping regulations. Sanctions are of different types depending on the level of violations and the intention but they have to be in conformity with the international standard on doping. In India, several of such cases have stood as a testament to NADA’s readiness to uphold international standard on anti-doping body.

There is a conspicuous case of wrestler Narsingh Yadav (WADA V. Narsingh Yadav[4]) who was serving a ban for the drug use of methandienone before the Rio Olympics. Yadav declared that his food or drink was spiked and while he might well be vindicated the CAS ruled him out for four years on the grounds of strict liability and absence of proof that someone tried to sabotage him.

Likewise, in 2018 Athlete Ms. Jhuma Khatun[5] beyond meldonium, NADA enforced a four-year ban arguing that athletes always bear the ‘‘revenge for any prohibited substance’’, even for unintentional ones. These cases show the reasons as to why countries have set certain guidelines in matters concerning doping in sports with the commitment of NSFs in ensuring natural disciplinary measure in the sports maintains consistency across the globe in fighting cases that relate to doping in sports.

CASE STUDY: INDIA TODAY AND ITS NEW LOOK THROUGH THE EYES OF THE NATIONAL ANTI-DOPING AGENCY

Drawing from ‘Play True,’[6] NADA educates the masses on matters of anti-doping rules within institutions, sport training institutions, and national events. Also, sanity testing has been enhanced especially at championships, qualifiers as well as training camps. This has led to record cases of dope tests especially during such events as the Commonwealth Games and other Olympic qualify events to show India’s stand in a narcotics-free sport.

NADA also works in coordination with other governmental and sports Departments like Sports Authority of India (SAI) to check on the standard adherence to anti-doping policies across disciplines. It is of great importance towards instituting a working and balanced standard in the regulation of these systems.

CONCLUSION: THE ROAD AHEAD: CULTIVATING ETHICAL ATMOSPHERE IN SPORTS

To overcome these problems, NSFs are currently conducting their studies more frequently in the international level, as well as exchanging data and researching the new methods for detecting doping substances. It is helping that groups such as Clean Sport International and WADA organised summits to bring NSFs together to combat doping and learn from one another.

With regards to transparency, welfare of athletes and anti-doping measures the Draft National Sports Governance Bill 2024 can surely pave a way to create a sustainable and athlete centric sports culture in India. If there will be active public engagement and oversight of this bill will be kept up, this bill may serve as a starting policy for Indian sports transparency and integrity policy. These regulations empower National Sports Federations to perform a crucial role for nurturing sports in India where talent, integrity and fair play count more than a cut corner.

Thus, the government’s decision to make the draft available for public discussion is a testimony to the desire to develop an inclusive progressive model of sports administration. NSFs can do their part in the present to ensure that future generations will only witness clean sports through escalating their cooperation to erase doping practice and enforcing high standard on anti-doping.

Author: Nida Hassan, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFERENCES:

1. 6 Nov. 2024, Dictionary.Cambridge.Org/Dictionary/English/Doping.
2. World Anti-Doping Agency. “Raising The Game For Clean Sport.” World Anti-Doping Agency, 6 Nov. 2024, Wada-Ama.Org/En.
3. Play Fair. “National Anti-Doping Rules, 2021 (As Per Revised Wada Code 2021).” National Anti-Doping Rules, 2021 (As Per Revised Wada Code 2021), 2021, Indianathletics.In/Wp-Content/Uploads/2021/02/Nada-India-Rules-2021.Pdf.
4. Tribunal Arbitral Du Sport And Court Of Arbitration For Sport. Arbitration Cas Ad Hoc Division (Og Rio) 16/025 World Anti-Doping Agency (Wada) V. Narsingh Yadav And National Anti-Doping Agency (Nada), Award Of 21 August 2016 (Operative Part Of 18 August 2016). 21 Aug. 2016, Jurisprudence.Tas-Cas.Org/Shared%20documents/Og%2016-025.Pdf.
5. Athletics Integrity Unit. Decision Of The Athletics Integrity Unit In The Case Of Ms Jhuma Khatun. 20 Apr. 2020, Athleticsintegrity.Org/Downloads/Pdfs/Disciplinary-Process/En/Aiu-18-225-Jhuma-Khatun-Decision.Pdf.
6. Nada India Organizes #Playtrue Campaign To Create Awareness About Clean Sports. Pib.Gov.In/Pressreleaseiframepage.Aspx?Prid=2019448.

[1] doping. 6 Nov. 2024, dictionary.cambridge.org/dictionary/english/doping.

[2] World Anti-Doping Agency. “Raising the game for clean sport.” World Anti-Doping Agency, 6 Nov. 2024, www.wada-ama.org/en.

[3] Play Fair. “NATIONAL ANTI-DOPING RULES, 2021 (As per Revised WADA Code 2021).” NATIONAL ANTI-DOPING RULES, 2021 (as per Revised WADA Code 2021), 2021, indianathletics.in/wp-content/uploads/2021/02/NADA-India-Rules-2021.pdf.

[4] Tribunal Arbitral du Sport and Court of Arbitration for Sport. Arbitration CAS ad hoc Division (OG Rio) 16/025 World Anti-Doping Agency (WADA) v. Narsingh Yadav and National Anti-Doping Agency (NADA), award of 21 August 2016 (operative part of 18 August 2016). 21 Aug. 2016, jurisprudence.tas-cas.org/Shared%20Documents/OG%2016-025.pdf.

[5] Athletics Integrity Unit. DECISION OF THE ATHLETICS INTEGRITY UNIT IN THE CASE OF MS JHUMA KHATUN. 20 Apr. 2020, www.athleticsintegrity.org/downloads/pdfs/disciplinary-process/en/AIU-18-225-Jhuma-KHATUN-Decision.pdf.

[6] NADA India organizes #PlayTrue Campaign to create awareness about clean sports. pib.gov.in/PressReleaseIframePage.aspx?PRID=2019448.