(Click here for Part I)
Gazette notifications
Before the hearing panels were re-nominated last
July, NADA had imposed its authority for six years on the NSFs and their
athletes largely on the strength of a gazette notification dated January 6,
2009.
One more gazette notification was issued on June 2,
2015, notifying the revised NADA anti-doping rules based on the 2015 WADA Code.
Quite pertinently, the gazette
notification, in 2009 as well as in 2015, says the same things that the rules
also stipulate. That is as per the gazette notification “As a condition of
receiving financial and/or other assistance from the Government of India and/or
the National Olympic Committee of India, each National Federation of
India shall accept and abide by the spirit and terms of India’s National
Anti-Doping Program and these Anti-Doping Rules, and shall incorporate these
Anti-Doping Rules either directly or by reference into their governing
documents, constitution and/or rules…”
The notification is not saying
that once the rules are published in the Gazette of India, it would be construed
that the federations have already incorporated these rules into their
constitutions/governing documents/rules.
A gazette notification precludes
the need to further publicize or inform the public or concerned authorities
about the subject of the notification. It need not fufil the requirements to be
met by the authorities as detailed in the notification. Simple logic says that.
There could of course be a legalistic or bureaucratic interpretation to this which
the legal fraternity or the bureaucracy can look into.
Debate
over enforcement of new rules
The enforcement of the 2015 NADA
anti-doping rules to cases that came up before the gazette notification in June
including 16 from the National Games in February this year was under a cloud at
one stage, with the disciplinary panel raising doubts about its validity
without having either “notified” (gazetted) or circulated among all
stakeholders well in advance.
The objections were eventually overcome
by NADA which now has again revamped the hearing panels with the induction of a
new set of chairpersons to head the two panels and a few other members
including hockey Olympian and World Cup-winning captain Ajitpal Singh and trap
shooter Moraad Ali Khan.
It is difficult to imagine that
six years have gone by and the NSFs (barring Hockey India perhaps and any other
which might have escaped one’s attention) have either retained irrelevant
anti-doping rules or provided meaningless background and/or links or just met
the requirement mentioned in the Sports Ministry circular last March, among 23
points, that they provide a note on their websites about ‘compliance to
WADA/NADA Code”.
Examples
of Federation websites
A few examples of information
available on the websites are mentioned here and you will readily grasp the
cavalier manner in which this topic has been dealt with by many of the NSFs.
The Swimming Federation of India
(SFI) does not have anti-doping rules but does have links to FINA and Swimming
World magazine!
The Wrestling Federation of India
(WFI) constitution is silent on anti-doping rules but the website does provide
links to WADA and NADA.
The All India Tennis Association
(AITA) does not have a mention of anti-doping rules while the Badminton
Association of India (BAI) has an anti-doping section minus any reference to
NADA. It has links to WADA and Badminton World Federation anti-doping rules.
Football (AIFF) and Table Tennis
(TTFI) also do not have any reference to anti-doping on their websites.
Cycling (CFI) and shooting (NRAI)
have complied with the ministry notification of March 2015 by giving a small
note about how they follow NADA rules and the names of those who had tested
positive.
The Indian Kayaking and Canoeing Association has a page devoted to ‘anti-doping’. But one would be quickly
disappointed. It has background on WADA, Council of Europe Anti-Doping
Convention and the UNESCO Convention against Doping in Sports. But nothing on
NADA rules, no link to WADA Code or Prohibited List.
Definition
of NADO!
Kabaddi (AKFI) gives the
definition of a National Anti Doping Organization (NADO). Within that one can
learn that a NADO does have certain authority, if you were unaware of such an
authority.
The Judo Federation provides a
note about having held a seminar. Perhaps it understood the ministry’s circular
meant just that only. It also lists two suspended athletes.
The Equestrian Federation constitution, as available
on its website, does not mention anti-doping. The Squash Rackets Federation of
India (SRFI) on the other hand provides links to NADA rules 2015,WADA Code, WSF anti-doping rules, WSF
jurisdiction, WADA education and awareness, 2015 Prohibited List and the MYAS
compliance list. Yet it does not state that NADA rules would be the rules by
which SRFI and squash players would be governed.
Let us take a look at some of the
National Federations in other countries and at least try to understand what is needed:
Tennis Australia
“Under this Anti-Doping Policy, TA recognises the
authority and responsibility of Australian Sports Anti Doping Authority ASADA
under this Anti-Doping Policy and the ASADA Act and ASADA Regulations
(including carrying out Testing). TA shall also recognise, abide by and give
effect to the decisions made pursuant to this Anti-Doping Policy, including the
decisions of hearing panels imposing sanctions on Individuals under their
jurisdiction.”
UK Athletics
“In accordance with Rule 5.1 of these Rules, UKA has
appointed UK Anti-Doping ("UKAD") to carry out the Testing of
Athletes and the results management process. A copy of the Notice confirming
UKAD's appointment was first published on the UKA website on 14 December 2009
and is reproduced in Schedule 3 of these Rules. The Notice remains in force.”
USA Swimming
“Doping control-In-Competition Testing: All competing
athletes at USA Swimming competitions are subject to drug testing conducted by
the United States Anti-Doping Agency (USADA) and FINA under the In-Competition
Testing program.
“While all USA Swimming athletes are eligible
to be tested out of competition, athletes in the
Registered Testing Pool will be tested regularly and at any time between the
hours of 5 am and 11pm daily. Athletes may be tested by USADA, FINA and
WADA.”
British Weightlifting
British Weightlifting
“The anti-doping rules of British Weight Lifting are
the UK Anti-Doping Rules published by UK Anti Doping (or its successor), as
amended from time to time. Such rules shall take effect and be construed as the
rules of British Weight Lifting.”
NADA
has to pursue
NADA has done a good job during its six years of
existence by trapping more than 570 athletes who were found to have violated
anti-doping rules. We can always argue that doping is so rampant in India that the
numbers were bound to be high. But then someone has to not only catch them but also get sanctions imposed on them.
With a set-up that is clearly understaffed NADA
needs to get tough with the NSFs, with adequate backing from the Sports
Ministry, to get the rules business sorted out for its own good. The Ministry
could be expected to clearly define what is needed to be put up on the NSFs’
websites in terms of anti-doping rules, education and awareness programme,
rights of athletes, warnings about use of dietary supplements, and useful links
to rules and news.
Just by asking them to put up a note this is what
the ministry will get (a representative sample from AIFF website):
“Regular samples are collected during various
I-League and other major tournaments under the supervision of NADA officials. One
case has been tested positively. Name: Dane Pereira,Club: Mumbai FC. Test
conducted on: 23rd Feb 2015 at Mumbai.”
This information is something the ministry can easily get from
NADA office. More importantly this is of no great use to the players, coaches,
public or the media. The players/athletes, especially the younger ones, need to be educated about the ramifications of doping, the health issues, the anti-doping
rules, NADA’s authority, consequences of doping, “strict liability principle”
that is applied when someone tests positive, the process of sample collection,
rights of an athlete, the hearing process, right of appeal, latest news about
prohibited substances and the need to be vigilant about consumption of dietary
supplements, among other things.
At a time when UNESCO is calling for more efforts to
educate the athletes about the dangers of doping, we seem to lag well behind in
taking simple initiatives.
(concluded)
NOTE: Since publishing, some federations have updated their websites and rules. Here is the IWLF anti-doping policy:
NOTE: Since publishing, some federations have updated their websites and rules. Here is the IWLF anti-doping policy:
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