This presentation is aimed at helping people to get a basic overview of the international rules, organisations involved in checking the problem of drug use amongst athletes and the tests and other measures to check athletes.

1. Anti Doping Measures in Sports Law

2. What is ”doping”?
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The presence of a Prohibited substance or its Metabolites
or Markers in a Player's bodily specimen
Use or attempted use of a Prohibited substance or
Prohibited Method
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Possession of Prohibited substances or methods
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Trafficking in any prohibited substance or method
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Administration or attempted administration of a Prohibited
Substance or method to any player, or
Assisting, aiding or any other type of complicity involving
an anti-doping violation

3. Reasons for doping
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Performance enhancement – Upstream and
downstream drugs
Enhances the aerobic metabolism of the athlete
– increases stamina
Increase the protein synthesis of the body –
e.g. Weightlifters and bodybuilders
Pain-killers

4. Athlete
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For purposes of Doping Control , any Person
who participates in sport at the international level
(as defined by each International Federation) or
national level (as defined by each National Anti
-Doping Organization) and any additional Person
who participates in sport at a lower level if
designated by the Person’s National Anti -Doping
Organization. For purposes of anti-doping
information and education, any Person who
participates in sport under the authority of any
Signatory, government, or other sports
organization accepting the Code.

5. Athlete Support Personnel
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Any coach, trainer, manager, agent, team staff,
official,
medical or para-medical personnel working with
or treating Athletes participating in or
preparing for sports Competition.

6. World Anti-Doping Agency
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Established in 1999
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Released anti-doping code in 2003
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Maintains Prohibited list of Substances
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Accepted by 193 countries (including India)
under the UNESCO International Convention
against Doping in Sport
Slogan is: ”Play True”

7. World Anti-Doping Agency

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To protect the Athletes' fundamental right to
participate in doping-free sport and thus
promote health, fairness and equality for
Athletes worldwide, and
To ensure harmonized, coordinated and
effective anti-doping programs at the
international and national level with regard to
detection, deterrence and prevention of doping.

8. List of Prohibited Substances and
Methods

Criteria for putting substance or method on the
list are:
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Potential for performance enhancement

Risks to health
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And violates the spirit of sport

9. National Anti-doping agency
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Possesses the primary authority and
responsibility to adopt and implement AntiDoping rules
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Directs the collection of samples
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The management of test results and
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the conduct of hearings
all at the national level.

10. Recent doping case
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Girls' 4x100m relay team tested positive for
steroids.
Ukrainian coach sacked. Girls expelled from
national camps.
Contaminated ginseng purchased in China
found to be the cause.
Year's sanction ending in June 2012 given to
them.
IAF filed an appeal in CAS.

11. Court of Arbitration for Sport
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Based in Lausanne, Switzerland
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The Supreme Court of Sports law in the world.
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Administered by the International Council for
Arbitration in Sport
Consists of an Ordinary Arbitration Division and
an Appeals Arbitration Division

12. National Sports Development
Bill,2011
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Bill's main objectives are to:
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Implement anti-doping measures
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Sets Up Indian Court of Arbitration in Sport
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Deal with Sexual Harassment and Age-fraud
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Gives legal recognition to National Sports
Federations
Recognises NSFs and Sports Promotion
Boards as 'public authorities' under the RTI
Act,2005

13. Sanctions for anti-doping
violations
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Disqualification in event during which an antidoping regulation violation occurs
Imposition of ineligibility for Prohibited methods
and prohibited substances
Depending on the nature of the violation,
whether it was a first time offence or not, etc.
The term of disqualification can be one/two
years, 4years, or life-time ineligibility

14. Strict Liability standard
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Draconian?
The principle of strict liability means that a
doping violation occurs when the banned
substance is found in the athlete's body.

15. Duties of Athletes to prevent
doping in sports
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To keep themselves updated on the prohibited
list of substances.
To send samples of any medicines, dietary
supplements, etc., to the laboratory for testing.
To keep the NADA updated on their
whereabouts for random checks.
To apply for Therapeutic Use Exemptions in
unavoidable circumstances.

16. Defences available to athletes
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No Fault or Negligence
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No Significant Fault or Negligence
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Athlete's Substantial Assistance in discovering
or establishing anti-doping rule violations by
Athlete Support Personnel and others
Admission of Anti-doping rule violation in
absence of other evidence

17. Burdens & Standards of Proof
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NADA has the burden to prove that a antidoping violation has occurred. Standard of
proof required is greater than mere balance of
probability but less than proof beyond
reasonable doubt.
For athletes and such other persons, the
standard of proof required shall be by a balance
of probability.