Sansad TV: The National Anti-Doping Bill, 2021 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

• The National Anti-Doping Bill, 2021 aims to prevent athletes, athlete support personnel, and others from engaging in doping practices that enhance performance in sports.

Understanding Doping

• Doping refers to the consumption of specific substances that are prohibited, with the intention of improving athletic performance.
• In 1999, the World Anti-Doping Agency (WADA) was established under the International Olympic Committee to address this issue.
• WADA is recognized by the UNESCO International Convention against Doping in Sport (2005) and plays a crucial role in developing, harmonizing, and coordinating anti-doping regulations worldwide.
• Its responsibilities include enforcing the World Anti-Doping Code (WADA Code) and its standards, investigating doping incidents, conducting research on doping, and educating athletes and related personnel on anti-doping regulations.
• WADA publishes an updated list of prohibited substances at least once a year and shares it with all signatory organizations.
• There are exceptions for the therapeutic use of prohibited substances, as outlined by WADA.
• According to WADA's data for 2019, bodybuilding accounted for the highest number of doping rule violations (22%), followed by athletics (18%), cycling (14%), and weightlifting (13%).

Key Features

• Prohibition of Doping: The Bill prohibits athletes, athlete support personnel, and others from engaging in doping in sports. Support personnel include coaches, trainers, managers, medical personnel, and others associated with athletes. They are required to ensure compliance with rules related to the presence of prohibited substances, possession or use of prohibited substances or methods, refusal to submit a sample, trafficking in prohibited substances, and covering up violations. Athletes needing prohibited substances for medical reasons can apply for a therapeutic use exemption from the National Anti-Doping Agency.
• Consequences of Violations: Violations of anti-doping rules by athletes or support personnel may result in disqualification of results, loss of medals and points, ineligibility to participate, financial sanctions, and other prescribed consequences. The specific consequences for team sports will be outlined in regulations. The National Anti-Doping Disciplinary Panel will determine the consequences after conducting a hearing.
• National Anti-Doping Agency: The Bill establishes the National Anti-Doping Agency as a statutory body headed by a Director General appointed by the central government. The agency's functions include planning, implementing, and monitoring anti-doping activities, investigating violations, and promoting anti-doping research.
• Data Collection: The agency is empowered to collect certain personal data of athletes, such as sex or gender, medical history, and whereabouts information for testing purposes. The agency will prescribe the procedure for the collection, usage, processing, and disclosure of such data. Information such as the athlete's name, the violated anti-doping rule, and the imposed consequences will be publicly disclosed.
• National Board for Anti-Doping in Sports: The Bill establishes a National Board for Anti-Doping in Sports to provide recommendations to the government on anti-doping regulation and compliance with international commitments. The board will oversee the agency's activities and issue directions to it. It will comprise a Chairperson and two members appointed by the central government.
• Disciplinary and Appeal Panels: The board will constitute a National Anti-Doping Disciplinary Panel to determine consequences for rule violations. The panel will consist of a Chairperson, four Vice-Chairpersons (legal experts), and ten members (medical practitioners and retired athletes). An Anti-Doping Appeal Panel will also be formed to hear appeals against decisions related to therapeutic use exemptions, consequences for rule violations, and other prescribed matters. The appeal panel will include a Chairperson (a retired High Court judge), a Vice-Chairperson (a legal expert), and four members (medical practitioners and retired athletes). Appeals against the appeal panel's decision can be made to the Court of Arbitration for Sport.
• Dope Testing Laboratories: The existing National Dope Testing Laboratory will be recognized as the principal laboratory for doping tests. The central government may establish additional National Dope Testing Laboratories.

Key Issues

• The Bill raises two concerns regarding the Director General of NADA. Firstly, the qualifications for the Director General are not clearly outlined in the Bill and are instead left to be notified through Rules. Secondly, the central government holds the power to remove the Director General from office based on grounds of misbehavior, incapacity, or other unspecified grounds.
• Leaving these provisions to the discretion of the central government may impact the independence of the Director General. This contradicts the World Anti-Doping Agency's mandate that such bodies should operate independently.
• According to the Bill, the Board has the authority to remove members of the Disciplinary Panel and Appeal Panel based on grounds that will be specified by regulations, but are not explicitly stated in the Bill. Moreover, there is no requirement to provide these panel members with an opportunity to be heard. This could potentially undermine the panels' ability to function independently.