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Doping is also a critical concern of sports physiology at the international level. This is not only about health problems, but also about humanity’s moral and ethical values that shape the honest team spirit of sports competition. . The word “doping” was originally limited only to blood doping. But today, the field of doping is growing in such a way that the tests available are becoming helpless to detect doping. However, by updating their expertise in this area, avoidance of doping is the requirement & responsibility of experts.
Doping may be any form of practice that leads to the use of specific drugs with the intention of enhancing performance or endurance in sport. This is considered immoral by relevant organizations where such incidences occur repeatedly at both national and international levels. This issue has been found illegal and immoral by the International Olympic Committee. These committees also enforce periodic serious measures against such incidents occurring from time to time.
This group is still seeking to make drastic efforts to free sports from doping. In an effort to improve their results without any doubt or unconsciousness linked to their repercussions or side effects, doping is commonly used by sportsmen. Not only do these activities impede the standard of sports, but they can be viewed as an aspect of corruption in sports, thereby impacting the spirit of sport. Blood doping is the misuse of particular substances to raise the mass of one’s red blood cell, enabling the body to transport more oxygen to the muscles and therefore increase the player or person’s performance & endurance. Through direct use of erythropoietin (EPO), synthetic oxygen carriers, or direct blood transfusions, this can be accomplished. In the 1970s, the first recorded organized controls for doping were carried out. The Czech Anti-doping Charter was signed in 1993 and the Anti-doping Committee was set up.
In 1998, the police uncovered a large number of banned medicinal drugs in a search during the Tour-de-France. This controversy underscored the need for an independent international body to set uniform guidelines for anti-doping work and to coordinate the efforts of public authorities and sports organizations. An action was taken by the International Olympic Committee The First International Conference on Doping in Sport was held in February 1999 and ended on 10 November 1999, when the World Anti-Doping Agency was set up. Scientific research, education, improvement of anti-doping capacities and monitoring of the World Anti-Doping Agency Code, which is a manual harmonizing anti-doping policy in all sports and all countries, are key activities.
- WADA ANALYSIS
The strict liability concept that emerged in the case of Rylands v Fletcher states that the absence of blame or mens rea is not a liability shield. As Article 2 of the Code makes an athlete solely responsible for any prohibited substance entering his body, this provision has also found its way into sports law and thus an athlete is given the responsibility to protect his body against any prohibited substance. In the event that an athlete is found guilty of the first use, attempt to use or possession of a banned drug, the Code is to some degree lenient, although in the case of persistent offenders, the Code is particularly strict since, under Article 10.2 of the Code, it allows for a 2-year ban on first-time offenders and a life-time ban on third-time offenders under Article 10.7.2 of the Code. Furthermore, according to Article 10.8 of the Law, the existence of any banned substance in an athlete’s sample would result in the forfeiture, along with the automatic disqualification from that sport, of his medals, prizes or points earned in that competition. Further, Article 3 of the Code determines the weight and principles of evidence and expresses that the underlying weight of building up that the competitor enjoyed doping lies on the pertinent enemy of doping affiliation. After this, based on the Equilibrium of Probabilities guideline, the competitor may set up any reality or conditions or counter any assumption. Since the absence of expectation or carelessness isn’t a guard under this Code, the moving of the weight of evidence gets troublesome. As the absence of motive or negligence is not mitigation under this Code, it becomes difficult to transfer the presumption of evidence. If an athlete is able to negate the presumption of intention, then the suspension can be amended without imposing a lifetime ban, varying from a mere warning to a maximum disqualification of 1 year. The Code also offers an opportunity to minimize or waive the claim, but also in genuinely extraordinary conditions, in order to protect the intent of the Code and to safeguard the rights of athletes.
- WADA’s RULE ON JAIL TERM
While the WADA has recently urged stakeholders to enact legislation to prosecute coaches, medical personnel, athlete support staff, agents, suppliers and those involved in the possession and sale of controlled substances, for routine violations of the anti-doping law, it is against sending athletes to prison.
The WADA has consistently pointed out that while it was up to sovereign nations to implement regulations as they considered appropriate, the parties collectively agreed to the updated 2015 World Anti-Doping Code as the basis for distributing athlete penalties. In short, the message from WADA was “follow the Code while punishing athletes; have laws to send banned drug traffickers to prison.”
Therefore, any claim that WADA inspired governments to enact legislation to send athletes to jail would be entirely deceptive. The sports ministry would do well to avoid the urge, if any, to penalize the athlete by any means beyond the anti-doping rules if the idea was to obey the WADA Code and the generally agreed procedure, unless there is a significant trafficking allegation.
It has been discovered worldwide that it is very difficult to prove a trafficking charge in cases of breach of the usual anti-doping statute. This does not mean that suspensions, including life bans, have not been in effect on this count. But there hasn’t been one in India since the inception of NADA in 2009.
- NADA’s Anti-Doping Rules
Unfortunately, NADA followed these Anti-Doping Rules verbatim without taking the realities on the ground in India into account. Athletes have a clear duty under the Anti-Doping Regulations to be mindful of what drugs penetrate their body. In India, however, most athletes are not educated at the same level as in foreign countries and lack adequate access to resources that would enable them to recognize what they eat as ingredients. If athletes attend and remain in training camps for several months a year, The camps are responsible for their food and supplements, and it is not possible to expect the athletes to track or reject the food they or their coaches give them in these camps.
- DOPING FORMS
- Hormone abuse in sports : Steroidal and peptide hormones and their modulators, stimulants, glucocorticoid steroids, beta2 agonists, diuretics and masking agents, opioids and cannabinoids, all of which are hormones, are by far the largest number of adverse analytical results reported by anti-doping laboratories.
- Blood doping: The WADA (World Anti-Doping Agency) systemically describes blood doping as the abuse of methods and/or substances to maximize the number of red blood cells. 4 Either autologous or homologous approaches are used. This most frequently includes the removal of two units of blood from the competitor many weeks before the match. When it is thawed and pumped back into the competitor, the blood is then frozen until 1-2 days before the match. This is known as doping with autologous blood. The injection of fresh blood, removed from a second individual, straight into the athlete is homologous doping.
- Use of Artificial Oxygen Carriers: A second blood doping strategy requires the use of artificial carriers of oxygen. Chemicals or purified proteins that have the capacity to bear oxygen are hemoglobin oxygen carriers (HBOC’s) and per fluorocarbons (PFC’s). They were created for medicinal use, but are now being misused as performance enhancers.
- Medical Uses of Blood Doping: The only type of blood doping that has substantial medical use is Artificial Oxygen Carriers. They have been created for emergency use when there is no time to assess and cross-match the blood type of a patient for transfusion, when there is a high risk of infection, or when there is simply no blood available.
- Doping and Law:
- In an accident happening by a sports person, there are certain regulations dealing with punishment. However, doping was leading as a local problem due to the worldwide lack of any uniform policies. This is a big downside when it comes to applying stringent anti-doping rules.
- Anti-doping policies placed in place by individual governing bodies in sports can clash with local legislation. Between these authorities & government rules, there is no such connection.
- Doping athletes can be subject only to sanctions from their locality as well as from the individual governing body of the sport. The body has the absolute right to bar the player from their relationship. However, due to lack of uniformity, these players can continue their carriers via other routes.
- The legal status of anabolic steroids differs from nation to nation. Such limitations impede the strictness of such a serious issue.
- MAJOR PROBLEMS CONCERNED WITH DOPING IN INDIA
Without making any amendments or even acknowledging its practical and legal implications in India, NADA has followed WADA’s standards. A large number of athletes in India, including M.C. The rural history comes from Mary Kom, Deepika Kumari, Umesh Yadav, Sushil Kumar. In addition, the common purpose of most Indian athletes to take up sports is personal rather than technical, as government jobs are readily accessible via sports quotas. For these reasons, the absence of complete knowledge of NADA’s doping criteria is not a surprise. In addition, some banned substances contain a variety of ordinary drugs intended to treat common pain or sickness, and even some everyday items. This is the reason why most of India’s doping cases are triggered by a lack of awareness about the existence of controlled substances.
In National Anti-Doping Agency v Jyotsana Pansare, via a beauty product containing germanium oil, the prohibited substance entered the athlete’s body. Similarly, in Manjeet Singh v NADA, by medication administered by a doctor specializing in sports medicine, the banned substance reached the body of the athlete. The case went to the Lausanne Court of Arbitration for Athletics, where the players were found at fault and were barred from playing for four years. In that scenario, one of the athletes was a tribal girl who belonged to a backward section of society and it can not be fairly expected from her to conduct research before consuming it on each and every ingredient.
The NADA Anti-Doping Rules explicitly state that if the supplements consumed are tainted, it is the athlete’s fault. Prior to consuming any supplement, an athlete is supposed to perform testing. In India, however, there is a scarcity of laboratories conducting such unique tests on supplements, and if an athlete finds such a laboratory, the cost of performing the tests is high.
Other steps must be taken by NADA to inform athletes about the risks of doping, in addition to changing the NADA Anti-Doping Laws. Safeguards against their seniors and coaches should be given for athletes. Doping drugs and techniques should be made known to them. Through punishing athletes, NADA should not only participate in deterrence measures, but should also inform and inspire them. There are now a range of methods and substances that player’s use, which is also a challenge for experts to track them and fight the war against doping. However, with details and events changed, it is our duty to fight against them.
Author: Siddharth Dua, New Law College, Bharti Veedyapeeth Deemed University