Author: Athulya Ratnakaran, Student at Amity Law School, Noida
INTRODUCTION
BACKGROUND AND SIGNIFICANCE OF THE STUDY
The use of performance-enhancing substances in sports has been a persistent issue that threatens the integrity of competitions and jeopardizes the health and wellbeing of athletes. Doping undermines the fundamental principles of fair play, equality, and respect for rules that lie at the heart of sports.It provides users with an unfair advantage over clean competitors and distorts the level playing field that is essential for meaningful and credible sporting contests. Beyond compromising the spirit of sport, doping poses severe risks to athletes’ physical and mental health. Many banned substances, such as “anabolic steroids, erythropoietin” (EPO), and “anabolic steroids, erythropoietin” (HGH), can lead to serious adverse effects including cardiovascular problems, hormonal imbalances, liver and kidney damage, and psychological disorders. The pressure to gain a competitive edge drives some athletes to engage in dangerous doping practices without fully understanding the potential consequences to their health and careers.
Recognizing the grave threat of doping, sport’s governing bodies and organizations at the national and international levels have developed anti-doping regulations to detect and punish the use of banned substances. The “World Anti-Doping Agency” (WADA), established in 1999, leads the global fight against doping in sports. WADA sets standards, coordinates testing programs, funds research into doping, and works with stakeholders to promote drug-free sports. “Most “international sports federations” and Olympic committees have adopted the “World Anti-Doping Code”, which harmonizes anti-doping rules and sanctions across sports and countries”.
In India, the “National Anti-Doping Agency” (NADA) is the main body responsible for implementing anti-doping measures in line with WADA’s guidelines. NADA conducts doping control tests, investigates potential violations, and prosecutes doping offenses before the Anti-Doping Disciplinary Panel. The “National Sports Development Code of India” 2011 requires all recognized National Sports Federations to accept WADA’s Code and establish doping control systems. Indian courts have upheld the authority of NADA and sports federations to enforce anti-doping rules and penalize athletes found guilty of doping violations. However, the current anti-doping regime in sports has faced criticism for being overly punitive and infringing upon athletes’ rights. The strict liability principle in anti-doping regulations holds athletes fully “responsible for any banned substance found in their system, regardless of intent, fault, or negligence”. This presumption of guilt places a heavy burden on athletes to prove their innocence and can lead to disproportionate sanctions for inadvertent or minor infractions.
Moreover, the whereabouts system under the “WADA Code” requires elite athletes to provide detailed information about their location to facilitate out-of-competition testing. Athletes must file quarterly reports specifying their whereabouts for a 60-minute time slot each day. This constant surveillance and intrusion into athletes’ private lives have been condemned as a violation of their privacy rights and personal freedoms.
The “right to a fair hearing and due process” is another area of concern in sports anti-doping proceedings. Athletes accused of doping violations often face panels that lack independence and impartiality, as they are appointed and paid by the same sports bodies that bring forth the charges. The presumption of guilt, limited access to evidence, and high standard of proof required to establish innocence further tilt the balance against athletes in these quasi-judicial proceedings. “The severe consequences of doping sanctions, which can include lengthy suspensions, disqualification of results, forfeiture of medals and prizes, and reputational damage, underscore the importance of ensuring fairness and proportionality in anti-doping measures”.
A positive test or doping allegation can effectively end an athlete’s career and livelihood, making it imperative to strike a balance between preserving sports integrity and respecting athletes’ rights. This study aims to critically examine the current anti-doping legal framework in sports, with a focus on Indian laws and court decisions, to identify areas for reform and improvement. By analyzing the tensions between doping control and athlete rights, the research seeks to develop recommendations for a more equitable and balanced approach to anti-doping regulation. The significance of this study lies in its potential to inform policy changes and legal reforms that can better protect the rights of athletes while upholding the fight against doping in sports. The research findings can contribute to the ongoing discourse on the effectiveness and fairness of anti-doping measures and provide insights for sport’s governing bodies, lawmakers, and courts to refine the existing legal framework.
