INTRODUCTION
Doping basically refers to the use of a substance or technique by an athlete to boost their performance and gain an advantage over their competitors who may not have access to such substances. In sports, it is known as drugs that are known as “Performance Enhancing Drugs” (PED). These drugs are known to enhance the performance of athletes and are banned by most sports organisations. The most commonly used substances include anabolic steroids, growth hormones, stimulants etc. While these drugs can boost the performance of athletes, they also have a negative impact on the health of the athletes. For instance, it affects the cardiovascular, respiratory and central nervous body of the users of the PEDs. It could also lead to mental health problems, high blood pressure, liver tumor etc. To promote the spirit of fair play in sports, the World Anti-Doping Agency (WADA) came up with its Anti-Doping program. India has enacted its own legislation known as the National Anti-Doping Act 2022 to tackle the use of drugs in sports.
WORLD ANTI DOPING AGENCY
The World Anti-Doping Agency (WADA) came into existence in 1999 and it was co founded by the governments of more than 140 countries along with the International Olympic Committee to tackle the use of Performance Enhancing Drugs in sports. The main functions of the agency include conducting scientific research, development of anti-doping activities and monitoring the implementation of the World Anti-Doping Code. Certain exemptions for the use banned substances are provided as well. This is known as Therapeutic Use Exemptions (TUE) More than 650 sports organisations, international federations, IOC, national doping organisations, International Paralympic Committees have adopted this code. India has also closely aligned its Anti-Doping Regulation with the World Anti-Doping Code.
The World Anti-Doping Code was strengthened with the UNESCO International Convention Against Doping in Sports, which came into effect in 2007. India is one of the parties to this convention. As of 2024, 192 states are parties to this convention.
NATIONAL DOPE TESTING LABORATORY
The NDTL was established in 2008 as a result of India being a party to UNESCO International Convention against Doping in Sports. It is an autonomous body under the Ministry of Youth and Sports Affairs. It is tasked with conducting dope testing of humans. The NDTL has received accreditation from the National Accreditation Board for Testing and Calibration Laboratories (NABL) for dope testing of urine and blood samples from human sports. The NDTL is one of the twenty-nine laboratories accredited by WADA.
NATIONAL ANTI DOPING AGENCY (NADA)
This agency also came into existence due to India’s commitments at the UNESCO International Convention against Doping in Sports. This agency is responsible for promoting and monitoring the anti-doping program in sports at all levels. It strictly conforms to the anti-doping code and policies set out by the World Anti-Doping Agency (WADA). Initially, it was established as an autonomous body under the Ministry of Youth and Sports Affairs. However, it faced a lot of challenges as there was no legislation guiding NADA. When NADA used to impose penalties, there were no backup regulations. To address this issue, the Parliament enacted the National Anti-Doping Act in 2022. This act gave a statutory position to the National Anti-Doping Agency.
NATIONAL ANTI DOPING ACT 2022
The enactment of this legislation would play a major role in preventing the use of drugs in sports. It was passed to give effect to the UNESCO International Convention against Doping in Sports. It has also given a statutory position to the National Anti-Doping Agency. The powers and functions of NADA are enumerated under the act. The legislation has expressly banned athletes, support personnel and other persons from indulging in doping. This is provided under Section 3 of the act. The consequences of Anti-Doping violation include disqualification of results and forfeiture of the medals, awards etc. Further, athletes will also be ineligible to participate in any further event, imposition of financial sanction including proportionate recovery of costs in the manner specified by the agency, public disclosure and other consequences as may be specified by the agency.
Under Section 14 of the act, the National Anti-Doping Agency has been incorporated as body corporate and shall have perpetual succession and a common seal. The NADA shall be headed by a Director General who is to be appointed by the Central Government. The powers and functions of NADA are given under Section 16 of the act. These functions of the agency are to implement the anti-doping regulations and policies in line with international obligations and commitments. Further, NADA may also direct the collection of samples, manage test results and conduct results management at the national level. They are also empowered to carry out investigation and conduct results management of any Anti-Doping Results management.
Under Section 7 of the act, the National Board for Anti-Doping in Sports has been established to provide recommendations on anti-doping regulations in India and ensure compliance with international standards. The Board has mainly been established to oversee the functioning of NADA. The board shall be headed by a chairperson and two members. They shall be appointed by the Central Government.
Under Section 27 of the act, NADA can collect data of athletes and the act mandates NADA to publicly disclose the sanctions being imposed on the individual athlete by NADA and the name of the concerned athlete. The information which is collected by NADA for the database include gender or sex of the athlete, list of anti-doping violations, whereabouts information of the athlete, medical history of the athlete or any another information as may be required.
Under Section 26 of the act, the National Dope Testing Laboratory established prior to the enactment of the legislation would be deemed to be the principal dope testing laboratory established under the act and will continue to function as prescribed under the act. The Central Government is empowered to recognize more laboratories as dope testing laboratories and carry out the functions as may be prescribed to a dope testing laboratory. It is also empowered to establish one or more National Dope Testing Laboratories for the purpose of undertaking research in anti-doping science and related fields.
INSTANCES OF DOPING IN SPORTS
One of the most notable instances of doping is that of Ben Johnson. He had won gold in 100m race at the 1988 Olympic Games in Seoul. He had also set a world record and defeated the Legendary American sprinter, Carl Lewis. Later, Johnson tested positive for steroid stanozolol After this revelation came to light, Johnson was stripped of his gold medal, which then went to Lewis.
In 2019, the Indian Cricketer Prithvi Shaw was banned for 8 months after it was revealed that he tested positive for terbutaline, a banned substance, which is commonly found in cough syrups. Similarly, cricketer Yusuf Pathan had also tested positive for terbutaline and BCCI banned him for five months.
The wrestler Narsingh Yadav had tested positive for methandienone just days before the Rio Olympics where he was set to compete. He was banned for a period of four years.
CONCLUSION
Doping in sports is an extremely serious issue and various governments have enacted legislations to tackle it. It gives an unfair advantage to that particular athlete over their competitors and may negatively impact their health in the long run. There must be strict compliance with the Anti-Doping Code and international cooperation must also take place in this regard. The National Anti-Doping Act in India aims to prevent the use of drugs in sports and is a step in the right direction.
Contributed By : Kritavirya Choudhary (Intern)