Criminalisation of Doping in Sports

 

              CRIMINALISATION OF DOPING IN SPORTS

         

This blog will explore the possibility of whether India can criminalize doping. World anti-doping agency code 2021 is the international framework governing doping in sports. Doping as described by WADA 2021 is “Occurrence of one or more anti-doping rules violation set forth in Art. 2.1 through 2.11 of the code”. Doping is prohibited to uphold the spirit of sports – ethical pursuit of each athlete’s natural talent. WADA has time and again maintained a stance for countries to explore the possibility of criminalizing doping under their local penal laws or by enacting a special legislation. Anti-doping program not only seeks to protect the health of athletes but also to provide the opportunity for athletes to pursue human excellence without the use of prohibited substances and prohibited methods while upholding the spirit of sports.

Article 4 of the world anti-doping code contains information on the performance enhancing drugs prohibited for use by athletes. It may include any substance and methods that satisfies any two of the following three criteria (1) It has the potential to enhance sports performance (2) it represents an actual or potential health risk to the athlete (3) violates the spirit of sports. Art. 4.2.2 further divides the list of prohibited substances in three categories (1) substances and methods prohibited at all times (2) substance and methods prohibited in competition (3) substances prohibited in particular sports. The purpose of this sub classification of specified or non-specified is to recognize that it is possible for substance to entre into athlete’s body unintentionally.

Specific substances are found in certain food items and medicines which may be available commonly, thus posing a higher risk of accidental consumption. Civil penalties set by anti-doping law for athletes who use prohibited drugs is seclusion from all results including medals privileges and awards. In addition, there is a penalty where the athlete is prohibited from participating in competition for four years if he has taken drug deliberately with an intent to cheat. Intent is the main essential ingredient in sanctioning doping. Many countries like Australia, UK, France, Germany and China has advocated for criminalization of doping but question of many of the country’s legislator is whether this civil penalty of disciplinary nature is enough or the criminal penalties must also be used to combat doping. India on the other hand a confused and lethargic stand when it comes to criminalization of doping.

I believe the current system of penalties imposed by the WADA code is insufficient to deter athletes from doping. When famous and greatest players of all time like Maria Sharapova and Chris Frome are caught in doping scandals it is safe to conclude that doping is pertinent and current civil penalties imposed by WADA code and National agencies has failed to control doping. 

In 2019 India ranked on 7th in list of doping violations list being topped by Russia and France out of which France has already criminalized doping. According to a report and in order to bring the National doping law in accordance with WADA code sports ministry made a proposal to make doping by athletes a criminal offence in 2016 but recently a month ago after back lashes from Indian Olympic committee the ministry withdrew its proposal. India also included in its preamble of National sports development bill to promote activities to curb doping but unfortunately the bill never saw light of the day.

Another issue which Indian athletes, coaches, support staff faces is that they are not aware of the banned substances. For example, Prithvi Shaw who was a national level team candidate was tested positive for banned substances which could be found in over the counter cough syrups clearly suggest that even the elitist of players is not aware about the list of prohibited substances.

To stop this rut of doping, a number of measures need to be taken to ensure doping free sports environment and uphold the spirit of sports. Such as Introducing courses or workshop for all to make the aware of list of banned substances this exercise will also be in accordance with chapter 3 of Wada code which talks about educating. Such courses are offered by UK Anti-Doping agency. India shall definitely pool in more funds to Get labs at par with standards of WADA.

Written by:

Anirudh Vyas