Anti-Doping Bill

The National Anti-Doping Bill 2021, which aims to establish a statutory framework for the National Anti-Doping Agency (NADA), was recently approved by the Lok Sabha.

About National Anti-Doping Agency (NADA):

• With a mission for drug-free sports in India, the National Anti-Doping Agency (NADA) was established as a registered corporation under the Companies Registration Act, 1860, on November 24, 2005. 
• It implements anti-doping regulations in accordance with the WADA (World Anti-Doping Agency) code, overseeing the doping control program, supporting education and research, and raising awareness of doping and its negative impacts are the main objectives. 
• It looks into the planning, coordinating, implementing, monitoring, and enforcing advances in doping control, cooperating with other pertinent national organizations, agencies, and other anti-doping organizations, etc. are all tasks that fall within the purview of NADA.

What are the key features of the Bill?

• Prohibition of Doping in the sports:
  • According to the proposed law, doping is prohibited in sports. It applies to athletes, athlete support staff members, and other individuals engaging in the sport. 
• Outcomes of a violation:
  • Anti-doping regulations violations may lead to disqualification of the results, the confiscation of medals, points, and awards, disqualification from future competitions or events for a set amount of time, financial penalties, etc.
• Statutory status for the National Anti-Doping Agency:
  • The bill envisages the establishment of this National Anti-Doping Agency as a statutory body.
  • It will be headed by a director general appointed by the central government. The functions of the agency include, for example,
    • Planning, implementation, and monitoring of anti-doping activities,
    • Investigation of anti-doping rule violations,
    • Support of anti-doping research.
  • National Board for Anti-Doping in Sports:
  • The Bill establishes a National Board for Anti-Doping in Sports to make recommendations to the government on anti-doping regulation and compliance with international commitments on anti-doping.
  • The Board will oversee the activities of the Agency and issue directions to it.
  • Data related to athletes and doping:
  • The Agency will also have the power to collect certain personal data of athletes such as:

1. 1. 1. sex or gender,
      2. medical history, and
      3. Where about information of athletes (for out-of-competition testing and collection of samples).

• The Agency will prescribe the procedure for collection, usage, processing, and disclosure of such personal data.
• It will publicly disclose certain information such as the name of the athlete, the anti-doping rule violated, and the consequences imposed.
• Disciplinary and Appeal Panels:
  • The Board will constitute a National Anti-Doping Disciplinary Panel for determining the consequences of anti-doping rule violations.
  • This Panel will consist of a chairperson and four Vice-Chairpersons (all legal experts), and ten members (medical practitioners and retired eminent athletes).

Dope Testing Laboratories:

• • The National Dope Testing Laboratory will be deemed to be the principal dope testing laboratory.
  • The central government may establish additional national drug testing facilities across the country.

Significance of the bill

• The law aims at promoting inter-agency collaboration in the fight against doping and achieving time-bound justice for sports persons. 
• It is a step forward in the direction of fulfilling India’s commitment to international clean sports
• The law would contribute to building a powerful, impartial system for determining anti-doping decisions. 
• The legislation will also confer legal sanctity to NADA and the National Dope Testing Laboratory (NDTL) in their operations.

What are the major concerns related to the bill?

• Qualifications of the Director General are not specified: The Bill makes no mention of the CEO's credentials; instead, it leaves this up to notification via rules. 
• Discretionary provision related to the removal of Director General: The Director General may be removed from office by the central government for bad behavior, incompetence, or "for any other cause." 
• The independence of the CEO may be impacted if these requirements are left up to the central government's judgment. 
  • Additionally, this goes against the World Anti-Doping Agency's directive that these organizations engage in their operations independently. 
• The Board has powers to remove the members of the Disciplinary Panel and Appeal Panel on grounds that will be specified by regulations and are not specified in the Bill.
• Furthermore, it is not necessary to give them a chance to be heard. This could interfere with these panels' ability to operate independently.