India forms National Anti Doping Agency


The Union Government of India has constituted the National Anti Doping Agency (NADA) under the Societies Registration Act as an autonomous body under the Union Sports Ministry.

 

It is learnt that the body has persons from Government and non-governmental agencies as members of its governing board. It includes scientists and a representative from the Indian Olympic Association (IOA). The formation of NADA, as had been planned for a few years now, assumes added significance in the light of the repeated doping controversies involving Indian sportspersons during the past four years at major international events. The formation is as envisaged in the 2004 Copenhagen Declaration on Doping in Sports to which India is a signatory. NADA will be the central anti-doping agency in the country, authorised to carry out `in competition' and `out of competition' testing. On the advice of the World Anti Doping Agency (WADA) it has been decided to separate the administrative set-up of the Dope Control Centre (DCC) from NADA, though initially there was a plan to link the two. DCC, which is in the process of getting accreditation from WADA, will function as an independent agency. The hurdles for NADA will not be, however, overcome by just severing connection with DCC. The new body will have to bring the IOA and the National federations into the picture and get them to accept the rules and regulations not only about NADA's supremacy in testing but also about the roles of the National Anti-Doping Disciplinary panel and the National Anti-Doping Appeal panel, both independent in their functioning. The federations would be expected to incorporate the rules directly into their constitutions or to make a reference to them in their constitutions. It is learnt that the federations have not been taken into confidence about the provisions in the NADA rules nor have they been requested to incorporate them in their constitutions. Two key points that emerge from the model rules framed by WADA for the setting up of National anti-doping organisations that are of great significance in the Indian context are: The National sports federations will need to recognise the authority and responsibility of NADA for implementing the National anti-doping programme and authorise NADA to carry out doping control. The NADA has the power to hear and determine all issues arising from any matter which is referred to it pursuant to the anti-doping rules. "In particular, the Anti-Doping Disciplinary Panel has the power to determine the consequences of anti-doping rule violations... " Legal perspective From a legal perspective, the following clause dealing with the right to appeal can also lead to hurdles: "No final decision of, or consequences of anti-doping rule violations imposed by, the National Anti-Doping Disciplinary panel shall be quashed, varied or held invalid, by any court, arbitrator, tribunal or other hearing body other than the Anti-Doping Appeal panel or CAS for any reason, including for reason of any defect, irregularity, omission or departure from the procedures set out in these anti-doping rules, provided there has been no miscarriage of justice." Though the above clause is not mandatory, without some provision to tackle litigations arising out of anti-doping rule violations, NADA would have lost much of its teeth. There is yet no clear-cut view about having a National hearing panel. The alternative would be to allow individual federations to have their own hearing panels. Most of them have such panels now or they are formed from time to time. The federations have so far been asked to form anti-doping commissions by the IOA but are not aware of the implications of NADA and its associate panels.

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