The countries of the Commonwealth, that irrelevant group of nations, are presently engaged in their own games. More than 5,000 athletes from 72 countries are participating in 280 events in the Commonwealth Games in Birmingham.

By a strange coincidence, this week also saw the Anti-Doping Bill being passed by the Indian Parliament. The Bill now awaits presidential assent to become law. Doping is a scourge plaguing sports. Doping, in simple terms, means sportspersons imbibing illegal substances with an aim to improve strength and stamina. The substances include cannabinoids, narcotics, stimulants, hormone and metabolic modulators, among a host of other substances. To put it succinctly, doping is cheating.

This becomes particularly relevant in individual sports like wrestling, weight lifting, athletics and cycling, where performance is based on both skill and strength and stamina. But it is not unknown even in team events.

The Montreal-based World Anti-doping Agency (WADA) seeks to cleanse sports. It has put in place a World Anti-Doping Code (Code). This is the core document that seeks to harmonise anti-doping policies, rules, and regulations within sports organisations globally. It has put in place international standards with the aim to ensure uniformity and consistency among anti-doping organisations. The Olympic Charter makes anti-doping requirements mandatory for the whole Olympic movement.

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The governments of more than 183 countries, including India, are signatories to the International Convention against Doping in Sports, which was adopted under the auspices of the UNESCO convention. India also contributes to WADA and has pledged an amount of $1 million in addition to the contribution of about $72,000.

WADA states that an athlete is required to provide a sample at any time and at any place to an anti-doping organisation for anti-doping tests. If tested positive, the individual player is not only liable to be disqualified but also stands to forfeit all medals, points and prizes. As for team sports, in case two or more members of the team are found to be in violation of the anti-doping code, the entire team could be disqualified.

It is in this background the Anti-Doping Bill has to be viewed. The anti-doping process in India was till now under the aegis of the National Anti-Doping Agency (NADA). NADA was established as an autonomous body under the Societies Registration Act, 1860 in November 2009. It did not have any statutory force.

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The Parliamentary Standing Committee on Sports (2021) observed that Anti-Doping Rules are not backed by legislation and are open to challenge in a court of law. It recommended the Department of Sports to bring in an anti-doping legislation. The Bill emphasises the need for maintaining the highest standards of integrity while participating and preparing for sports competitions domestically and internationally.

The Bill categorically prohibits doping across the spectrum, which includes athletes, support personnel, and other persons engaged in sports. This covers coaches, trainers, managers and medical staff as well. All of them are mandated to ensure that there is no presence of prohibited substances or methods and are obliged to provide samples as and when required. Therapeutic use exemptions are permitted.

The Bill provides for severe consequences in case of violations. The athlete could be disqualified from participating in events for specified periods and/or have to forfeit their medals/winnings. Team sports violators would be determined by a disciplinary panel.

The Bill provides for the creation of a national anti-doping agency which would be a statutory body. The agency would be headed by a director-general, to be appointed by the government. Strangely, the Bill does not mention the qualifications and experience required of the director-general. These are to be prescribed through regulations that are not as of now in the public domain. The agency is supposed to plan, implement and monitor all anti-doping activities.

The Bill also provides for a national board for anti-doping in sports to make recommendations to the government and oversee the functioning of the agency. The board would consist of a chairperson and two members — all to be appointed by the government. The board is expected to constitute a disciplinary panel for determining the consequences of violations. Again the qualifications required for the members of the board are not known as of now.

Such a law is urgently required in India. Our record is poor. As per the World Anti-Doping Agency report, India is third in the list of countries with the most number of violations. In 2019, 152 doping violations were reported by India — behind only Russia and Italy. This is a record we can do without. Even now, before the Commonwealth Games, India had to withdraw three athletes who failed the test.

The influx of foreign coaches and emphasis on performance has resulted in Indian athletes being introduced to the very sophisticated world of performance-enhancing drugs. Now, with the Bill having been passed, there should be a greater check. All sporting associations, including BCCI, which kept arguing that cricketers should be outside the Code, are within the purview of the Code. We should ensure the independence of the proposed agency, board and disciplinary panel.

While the Olympics motto is indeed stronger, higher, faster, we have to strive to do this the hard way, the legitimate way.

Najib Shah is a former chairman of the Central Board of Indirect Taxes & Customs. Views expressed here are personal.

Read his other columns here

(Edited by : Ajay Vaishnav/Shoma Bhattacharjee)