Context

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.

Analysis

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).

The Appeal Panel will consist of: A Chairperson (a retired High Court judge), A Vice-Chairperson (a legal expert), and Four members (medical practitioners and retired eminent athletes). Appeals against the decision of the Appeal Panel will lie with the Court of Arbitration for Sport (an international body with headquarters in Lausanne, Switzerland, that settles sport-related disputes).

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.