Every now and
then the Union Sports Ministry issues directives to the Indian Olympic
Association (IOA) and the National Sports Federations (NSFs) about complying
with various guidelines formulated by the Government with regard to their
functioning.
More often than
not these directives are either ignored or else implemented rather
lethargically. For example, the ministry had sought last August details from
the NSFs regarding their teams that went to the Commonwealth Games last year,
when it found that a large number of officials who were not part of the
official contingent had made it to Glasgow. Nothing has been heard of it since.
Communication sans follow-up?
In its
communication to the IOA and the NSFs in October last year the ministry pointed
out that there were previous communications dated 17 July, 2014 and 6 August 2014 related to these issues that seemed to have
been by and large ignored.
As far back as
30 March, 2010 the ministry had declared NSFs receiving Rs 10 lakh or more annual grants as public authority and
thereby asked them to provide suo motu information as per RTI Act 2005. Then
also there was a directive that they should place certain information on their
websites.
So, how will the
IOA and the NSFs react to the latest directive issued today, March 2, 2015?
One is not
trying to find out who did what. The idea of writing this blog piece is to
focus on an area that seems to have been ignored by most of the federations
and, unfortunately, missed by the ministry.
‘Anti-doping’
gets priority on the websites of most of the sports organizations the world
over nowadays. A section devoted to the subject on a website is the best avenue
to spread awareness and educate athletes. To a large extent, it also takes care
of the oft-repeated complaint from athletes “but we were not aware of these
rules” or “we are not aware of the latest prohibited substances” or “we found
nothing of relevance regarding anti-doping when we searched the website."
This may or may
not be true, but it sort of provides an alibi to the athlete during a hearing
procedure related to an anti-doping rule violation. Many adjudicators in India have
pointed out the lack of awareness among athletes on the topic of anti-doping measures and rules and about the need to educate athletes from rural areas regarding dangers of using drugs without proper medical advice. Yet there seems to have been no serious effort made to rectify this situation, particularly through the use of websites including that of the NADA.
The 23 points now
Among the 23 points listed by the ministry in its latest communication, there is one item
that deals with doping. The ministry has asked the NSFs to place on its website
a“Note
on efforts for having dope free sports and compliance to WADA/NADA Code along
with details of cases found positive during the last calendar year and action
taken thereon”
This is fine from the ministry’s point of view in
ensuring that there is compliance. “Action taken thereon” is rather superfluous
of course. The National Anti Doping Agency (NADA) that functions under the
ministry, is the sole authority in India to lay down rules, test athletes, carry out ‘results management’ procedures, to
bring forward ‘positive’ cases before panels and to impose sanctions as ordered
by the panels. The federations have to just enforce these sanctions. NADA updates the list of suspended athletes on its website on a regular basis and there can be little confusion regarding who has been suspended or about the number of athletes under suspension. No national federation keen to continue its affiliation with an international federation
will be thinking of not enforcing these sanctions!
But we should not just be concerned about a ‘note’
being published on a website regarding compliance. The athletes should be
provided information on a variety of topics related to anti-doping, at a minimum the latest rules of NADA and the National and International Federation,
the latest WADA Code, the latest Prohibited List of substances, any useful
information regarding drugs and supplements, procedures related to doping
control, rules regarding issue of
therapeutic exemptions that allow an athlete to use banned drugs, ‘results
management’ procedures, hearing procedures, appeals etc.
How they do it
It is best to have an entire section devoted to ‘anti-doping’
as is the practice with most of the sports associations abroad. Take for
example the British Athletics website or for that matter the USATF one
These are not only user-friendly websites but also
very informative from an athlete’s perspective. The UK athletics website has
the following topics under its anti-doping section, 1) anti-doping education, 2) check
your medication, 3) register medication, 4) therapeutic use exemption, 5) supplements
and nutrition, 6) ADAMS, 7) UKAD anti-doping advice card, 8) rules and
procedures, 9) Testing procedures,10) Notice and news, 11) currently under
sanction.
The above
headings are apart from ‘WADA Code 2015
explained’, a ‘Clean sport’ app, doping
control test video that explains what happens during a dope test, from
notification to provision of a urine sample, and FAQs, quiz and links to other
useful websites. All of these obviously placed there to help the athletes.
In contrast, even the Athletics Federation of India (AFI) which has a brand new, refurbished website seems to have not bothered to
update its anti-doping rules and procedures.
Rather
interestingly, the AFI website lists ‘anti-doping’ under ‘development programme’.
You may almost miss this section since no one could be expected to look for it
under ‘development’. But that is beside the point.
A look at the
rules, available not within the anti-doping section but inside the AFI
constitution, will reveal that these
rules are not only archaic and highly misleading they are not even in line with
the latest IAAF anti-doping regulations or for that matter the 2004 or 2009 rules of the IAAF.
On one page the
existence of NADA is acknowledged, but within the rules the ‘doping commission’
is the supreme authority!
Who has the authority?
Rule 4 lists
responsibility for doping control. There is no mention of NADA, the sole agency
entrusted with the responsibility of conducting in-competition and
out-of-competition testing in India.
The disciplinary
procedures still state that an AFI disciplinary panel would hear the athletes.
Since 2009, the National Anti-Doping Disciplinary Panel, formed under the NADA
rules has been handling all ‘positive’ cases in all sports.
That the AFI has
not been able to correct these rules despite amendments carried out to its
constitution at least on two occasions in recent years is unfortunate.
The sporting
world had moved to the WADA Code-based anti-doping rules since 2004 (revised in 2009) but the AFI
rules still mention a sanction of two years for a first doping offence, for
three years for a second and for life for a third.
And here we are
not even trying to bring in a comparison with the 2015 Code that has an
entirely different set of sanctions now, but the 2009 Code. Unless we go back
to pre-2004 days we may not be able to find anything remotely resembling
the AFI anti-doping rules available in its constitution which is an amended
version of 2013.
Get the basics right
A large majority
of the federation websites does not have an anti-doping section, and only very
few have any reference to any rule, forget the 2015 NADA rules or the WADA
Code. Those who do have may not be having the NADA rules. Say for example the
Badminton Association of India (BAI) .
It does have an anti-doping section, but no reference to NADA rules or the
NADA.
The Indian Weightlifting Federation website, for example, lists an anti-doping policy that cannot be accessed. You will be lucky to get the 2015 Prohibited
List on one of these websites unless through a link to the WADA website.
The majority of
the websites also do not have the constitution of the NSF placed there.
Anti-doping
information is a ‘must’ in tackling doping and ensuring that athletes do not
fall into the trap just because of lack of awareness or inaccurate information.
The websites of NSFs, apart from fulfilling mandatory requirements listed by
the Government, should also be expected to provide basic information to the
athletes on doping matters so that they are fully familiar with the rules and
procedures. The task of the NADA and that of the adjudicators and lawyers will
then become that much easier.
**
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