'Let Dutee run'
There is an online petition ‘Let Dutee run’ apparently got up mainly through the efforts of Bruce Kidd, a Canadian distance
runner who won medals in the Empire and Commonwealth Games and competed in the
1964 Olympics, Dr. Katrina Karkazis, a bioethicist at the Stanford University,
USA, and Ms. Payoshni Mitra, an Indian
researcher and activist on gender issues in sports. They are the ‘experts’
assisting SAI in fighting the case against the IAAF.
Bruce Kidd has been a campaigner against gender
rules. Dr Karkazis has been the most prolific writer among
activists who have campaigned against gender verification in recent times. Her
article in the New York Times ‘The trouble with too much T” elicited varied
responses from the readers.
One of them wrote “So what solution should we go with - no division between men
and women in competition? A three gender system? Gender self-identification as
the final arbiter? A 4-tier system with testosterone tiers for both men and
women? I don't know the answer but we should figure it out together.”
Testosterone debate
No matter what new studies might have revealed, as
claimed, not many are prepared to believe that testosterone is not the most
important factor in performance-determination between male and female athletes.
BBC Sport quoted David Epstein, award winning writer
for the Sports Illustrated, USA, as saying-
"For lots of good reasons, we have decided to have a class
of athletes who aren't men.
"But biological sex is not binary. That means whichever
line you draw between men and women it is going to be arbitrary."
Epstein, according to the report,
agrees with the IAAF's experts that testosterone is probably "the best
line we can draw.”
The question also arises whether the IAAF
regulations are purely a matter of higher levels of testosterone as is being made out and insisted upon.
The IAAF document talks of three levels of
examination and investigations. First a
clinical examination, followed by endocrine (hormone) investigations, winding
up with “full examination and diagnosis.”
What decides eligibility?
Does this mean you take a reading of testosterone
level, find out it is way above 10nmol/L (288.18ng/dL)…voila you have a ‘positive’
case fit enough to be banned!
It surely cannot be. Otherwise why should there be a
clinical examination, and why should, for example, there be an ultrasound scan
done on the athlete?
And why should a panel of doctors go through a full
examination in the end before pronouncing a verdict?
There is also no explanation in the IAAF rules about intersex conditions (except for one reference) or undescended testes producing 'functional' testosterone which could be the reason for elevated levels of the male hormones found in a woman athlete.
There is an opinion developing among critics that men also should be subjected to testosterone-level testing, not to find out doping but to determine whether some of the elite athletes could be having too much testosterone, much above normal limits which will give them an undue advantage over athletes with normal levels of testosterone.
There is also no explanation in the IAAF rules about intersex conditions (except for one reference) or undescended testes producing 'functional' testosterone which could be the reason for elevated levels of the male hormones found in a woman athlete.
There is an opinion developing among critics that men also should be subjected to testosterone-level testing, not to find out doping but to determine whether some of the elite athletes could be having too much testosterone, much above normal limits which will give them an undue advantage over athletes with normal levels of testosterone.
This could be stretching things a little too far.
For, no two individuals could be the same. There could be a number of genetic
features that could help an athlete more than an adversary. Obviously the
authorities are not attempting to lay down rules to determine classifications
in normal competitions as there are in Paralympic events for example.
Male and female categories are a different matter
though many people in the current debate might not agree with that assumption
arguing that there are several categories of sex.
'Cut off long limbs'?
Of course there has been the comparison with long
limbs, broad wingspan of swimmers and height of basketballers to point out that
God-given natural advantages should not be considered as unfair or needing
‘correction’ to level the playing field. Ms. Payoshni Mitra is one among those who have argued about such advantages for certain athletes.
SAI Director General Jiji Thomson was also quoted
saying the same thing about Usain Bolt that Ms. Mitra has said in the above
interview.
The argument of course is nothing new. It has been
made in the past too to explain why the authorities needed to ignore the
so-called advantage gained by some female athletes because their bodies
produced more testosterone than normal.
Mr. Thomson has also been quoted in another report saying that SAI was opting for the second option (of appealing to CAS) since
the first (treatment) may take time and there would be no guarantee that she
would be back with the same level of performance.
An Olympic medal prospect?
Somehow SAI seems to have accepted this idea that
Dutee could be a medal prospect at the Rio Olympics!
As pointed out by intersex activist Hida Viloria below,
Dutee Chand does not figure too high in world lists either this season or last.
Her 11.63s, her season best this year, ranks only 374th in the world
for the 100 metres. Her junior National mark of 23.57s for the 200m at Taipei ranks
252nd.
Many among the readers of several articles which
have by and large supported the Dutee Chand case and demanded the IAAF scrap
its hyperandrogenism regulations have, however, suggested that in case women
needed a separate category of competitions then perforce authorities had to
draw the line somewhere or else it would be better to have ‘mixed’
competitions.
A few have also suggested that intersex athletes be
allowed to compete separately. Hida Viloria, Chairperson of the Organization Intersex International (OII), who was in the IOC panel in 2012 to
discuss the new ‘gender rules’, has however argued, in an article titled 'Stop freaking out about female intersex athletes' that the number of intersex
people being limited and elite athletes among them being still fewer, there
would not be much competition if a new category was to be created.
‘Gender verification’ is no longer valid and there
is no mention of determining biological
sex in the rules related to hyperandrogenism. This has led to the belief that a
mere rise in testosterone levels could be depriving a female athlete of the
chance to compete unless she went through potentially dangerous medical
treatment or surgery that otherwise would be unnecessary.
The demand that “surgical violence” in the name of
levelling the playing field in sports should be stopped may not, however, get
much backing from the rules of the IAAF or the IOC.
Neither the IAAF regulations nor the IOC rules
mention anything about surgery! They also do not talk of lowering testosterone
levels through hormone therapy though that could be expected since otherwise an
athlete found to have excess testosterone levels would not be able to come back
into sports at all.
This is what is stated in the explanatory notes
"Will the IAAF be involved in carrying out medical diagnosis of an athlete and/or prescribing treatment?
"No. Diagnosis will always be carried out by medical experts at specialist reference centres that are independent of the IAAF and treatment, if any, will be prescribed by the athlete’s supervising physician. The IAAF will not be involved in either process. The IAAF’s role is strictly limited to deciding on the eligibility of such athletes to compete in its women’s competitions."
IAAF position on treatment
The IAAF rules (explanatory notes) do mention specifically that it would be entirely up to the athlete to undergo "treatment".This is what is stated in the explanatory notes
"Will the IAAF be involved in carrying out medical diagnosis of an athlete and/or prescribing treatment?
"No. Diagnosis will always be carried out by medical experts at specialist reference centres that are independent of the IAAF and treatment, if any, will be prescribed by the athlete’s supervising physician. The IAAF will not be involved in either process. The IAAF’s role is strictly limited to deciding on the eligibility of such athletes to compete in its women’s competitions."
One is not sure what findings the medical panel
reported to SAI about Dutee Chand’s condition. According to SAI's statement that announced the suspension of Dutee Chand
last July, it simply found out that the Odisha sprinter had a
testosterone level higher than permitted by regulations.
Dutee's T level
The level of testosterone found out by the SAI in Dutee's sample, well
above the IAAF ‘cut-off’, it was learnt, in itself might be of minor significance
if Dutee and her team are able to prove
that testosterone was not a major factor in determining performance of a female athlete.
The question of biological sex could then come into
the debate though that is something that both the IAAF and the IOC would not
want to tread on.
Hopefully the details of her condition that alone
had been kept out of the millions of words written over her these past few
weeks, would remain within the medical records.
The IOC rules say that only men are eligible to
participate in men’s competitions and only women are eligible to compete in
women’s competitions.
The IOC rules 2014 also state “Human
biology, however, allows for forms of intermediate levels between the
conventional categories of male and female, sometimes referred to as intersex.Usually,
intersex athletes can be placed in the male or female group on the basis of
their legal sex. However, as explained below, intersex female athletes with
elevated androgen production give rise to a particular concern in the context
of competitive sports, which is referred to as “female hyperandrogenism.”
“In general, the performances of
male and female athletes may differ mainly due to the fact that men produce
significantly more androgenic hormones than women and, therefore, are under
stronger influence of such hormones. Androgenic hormones have performance enhancing
effects, particularly on strength, power and speed, which may provide a competitive
advantage in sports. This is one of the reasons why the exogenous administration
of such hormones and/or the promotion of the endogenous production of these
hormones are banned under the World Anti-Doping Code, to which the IOC is a signatory.”
The task before CAS
Should CAS
allow women with any level of testosterone? Or should they uphold the rules and
allow a ‘cut-off’ for T? Or should they determine a new level, slightly more
than the current one since research seems to suggest that there could be higher
levels among elite athletes? How high should it be pegged? Or will they suggest
a more detailed investigating process before declaring an athlete ‘ineligible’?
Can the CAS arbiters rule a separate intersex
category if that, and not hyperandrogenism alone, is the issue?
Or as someone commented in response to an article can they“make it gender neutral”.
We will have to wait a few months since the initial
CAS procedures do take time before the panel starts hearing the case.
Either way the verdict goes, this will be
path-breaking.
(Concluded)
(amended on 31 Oct 2014)
Post-script-CAS has scheduled the Dutee Chand hearing for March 23-26, 2015.
Post-script-CAS has scheduled the Dutee Chand hearing for March 23-26, 2015.