Doping means the act of giving a person a substance, primarily a drug to make them perform better or inadequate. An act banned by various sports organisations has a huge history that has been tried to be covered in the following paper. Hereinafter laid down information deals with the laws related to doping, where it is used, how it is used, the substances used for doping and what are its ill effects. Alongside, this paper emphasises highly on Anti-Doping, its meaning and the committees set up for work against Anti-Doping. This research paper also highlights important Indian case laws, pertaining to the aforementioned topic.
Keywords:- Anti-Doping, ADRV, Drugs, Sanctions, WADA, NADA, competitions.
Introduction:- Imagine entering a sports competition for which you put your blood, sweat, tears, and a whole lot of heart into. Now imagine clearing all the levels and going up against someone you thought you could easily win. It all goes well until you notice the person up against you, not performing how they usually do. They’re performing way better, almost as if something got into them, i.e. their performance is enhanced. Any resemblance to the event described above is purely coincidental, but such could be the reality. Artificial methods of enhancing a person’s performance is basically what doping is. ‘Artificial’ here includes steroids, cocaine, blood doping, sedatives, stimulants, cannabinoids, diuretics, beta blockers etc. Sports competitions have been infiltrated with heavy usage of the above mentioned drugs. Even though the act of consuming such harmful drugs for sports was banned in 1928
itself, the act itself didn’t see any stop. Till this date, cases of sportsmen and women of doping before a competition have been reported. Players are then banned for a certain period of time before they come back. But that doesn’t mean that the authorities have not been working and hence the work done by WADA and NADA have been highlighted in the following paper. Alongside, its not that only at doping the story ends. What is usually neglected is what comes after a person has undergpone doping. And that is its after effects. The researcher has tried to cover as many parts on doping by the data available to the common public.
Ways of Doping:-
The most practised forms of doping are:-
- Blood Doping:- The candidate’s own blood is collected in a stored or frozen form. Red blood cells carry oxygen and hence before the match, the player is injected with his own blood, hence increasing the oxygen level of the player which further enables them to function in a much more agile way.
- Stimulants and Sedatives:- Stimulants are used by sportsmen to increase their metabolism, heart rate and overall body temperature which further increases their competitiveness and aggressiveness. Sedatives on the other hand help to decrease stress, nervousness, anxiety and reduce tiredness and fatigue, boosting energy and stamina in the players.
- Cannabinoids:- Also associated with cannabis sativa, cannabis Indica and its family is a drug which helps to reduce pain and also help to increase stamina of an athlete.
- Diuretics:- A drug that directly affects urine, is taken to dilute the urine to a point where no traces of drugs are found. They help athletes to pass the drug test.
- Steroids:- Just like testosterone, anabolic steroids help to build muscles. Usually taken by wrestlers and bodybuilders, they are commonly used.
Ill Effects of Doping:- Just like everything else, doping has its pros and cons too. PEDs have the ability or potential to drastically alter the human body and biological functions, including the ability to considerably improve athletic performance in certain instances. From Insomnia to heart attacks, anxiety to stress, massive weight loss to excessive weight gain, strokes to cerebral embolism doping has serious side effects. For women, the side effects may include abnormal menstrual cycle, enlarged clitoris, deepening of voice, cessation of breast and more.
For example the ill effects are:-
- Blood doping:- Strokes, blood clotting, heart attacks, pulmonary embolism are some of the ill effects of blood doping.
- Stimulants and Sedatives:- By the usage of these categories of drugs, the athlete can later on experience tremors, high blood pressure, extreme weight loss, dizziness, blurred vision etc.
- Cannabinoids:- Body movements and the way an athlete thinks is highly affected by the use of cannabinoids.
- Diuretics:- Dehydration, cramps and low blood pressure are welcomed when an athlete uses diuretics as his or her way of doping.
- Steroids:- The most common form, almost works like a hormone known as testosterone. While it increases muscular strengths, it also brings about serious hormonal changes in a person’s body.
A few athletes for whom doping turned out to be fatal are:-
- British Cyclist Tom Simpson passed away during the Tour de France on July 13, 1967, as he pedalled up Mont Ventoux on an extremely hot day. Simpson’s cause of death was listed as a heart attack due to dehydration. However, there were tubes of amphetamines in his jersey and an autopsy found traces of amphetamines.
- Between 1987 and 1990, 20 Dutch origin cyclists were found dead due to heart attacks.
- One review found 19 deaths in published case reports related to anabolic steroid use between 1990 and 2012; however, many steroid users also used other drugs, making it difficult to show that the anabolic steroid use caused these deaths.
The history of Doping:-
Stress, anxiety, and winning are terms known to man since maybe the words were invented. It’s pretty natural for people to use supplements that help them control their stress and anxiety. The official uses of drugs came into use much later. The word doping originates from ‘dop’, a term that conventionally refers to a stimulant drink used in tribal ceremonies in South Africa during the eighteenth century. Doping first appeared in an English dictionary in 1889, where it was described as a narcotic potion for reducing the performance of racehorses. This practice eventually made its way to humans and is still practised. The very first instance was noted in 1904. Thomas Hicks, a field athlete, was given 2 doses of Strychnine, a drug used to strengthen muscle contractions. Luck favoured Thomas as the laws weren’t this strict back then. Because if they were, he would’ve been stripped of his medal. Be it the 1950’s Soviet Team in the 1950’s, Knud Enemark Jason in the 1960’s, to Zayd been Joubert in 2023, doping has not seen an end. What commenced in 1904 hasn’t seen a stop yet.
Research Methodology:- This research paper is descriptive in nature as it discusses the history, usage and case laws related to doping. It describes how it started, what are the various methods of doping, and ill effects of doping. The researcher has read several articles relating to the premise of this research paper and has emphasised a lot on different case laws. Other than that, the researcher has highly emphasised on Anti-Doping organisations across the world and Indian case laws. Case studies are largely based on authentic government websites and the data collected, examined and organised is available to common man as well. The paper also includes personal views of the researcher in the suggestions part.
Review of Literature:- This part of the research paper covers the different case laws previously mentioned and also the measures taken by India to stop doping. It mainly covers the anti-doping prospect of the paper.
- Anti-Doping Laws:- According to Webster Anti-Doping means opposing or prohibiting illegal doping (such as blood doping or the use of anabolic steroids or growth hormones) to improve athletic performance. Different Anti Doping committees of various countries come under the World Anti Doping Agency (WADA). Different sets of laws have been made by different countries but they all serve a main purpose, and that is eradication of doping. Anti-Doping laws have been made so as to ensure safe and equal opportunities for players. As per the laws, if any substance that comes under the prohibited list of drugs is found in an athlete’s body, he or she shall be ineligible to play the given sports for a given period of time. The USADA or the United States Anti-Doping laws are reported to be the strictest of all.
- Concept of Therapeutic Use Exemption:- If an athlete has a medical condition for which they have to use a drug from the prohibited substance list then they can do so by applying for a TUE i.e. Therapeutic Use Exemption. This helps them to avoid getting sanctioned by the respective boards or the WADA itself.
- ABOUT WADA:- The World Anti-Doping Agency (WADA) was established in 1999 as an international independent agency composed and funded equally by the sport movement and governments of the world. Its key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code (Code) – the document harmonising anti-doping policies in all sports and all countries. The WADA also has RADO (Regional Anti Doping Organization) and NADO (National Anti Doping Organization) as their partners. The site itself has case laws, a prohibited substance list and they have given people who click on the website a function of clicking and reporting doping cases around them.
- The Prohibited List:- A comprehensive list has been given by the WADA, which specifically highlights the substances that are not to be used by an athlete. For example:-
- The M1 list talks about blood doping and the manipulation of drugs.
- The M2 list talks about tampering or attempting to tamper the sample collected by the doping agency or the authority.
- The M3 list talks about gene alteration.
- ABOUT NADA (INDIA):- This agency has its main office in Delhi which wholly and solely works on doping cases in India. It was founded on 25 November 2005. The sections 3 and 4 prohibit and state the punishment for doping in India. NADA has been working strictly and has been taking actions every time there has been a serious violation or even a minor violation of the Anti-Doping Laws.
- Indian Case Laws:-
1. Kirti Bhoite Vs. INADA:- One appellant Kirti Bhoite’s doping test results came back positive and was found ineligible for four years. On filing a complaint it came to public notice that Kirti was given multivitamins by her coach Mr Micky Menzenes, which fell under the Anti-Doping Rule Violation(ADRV). Kirti expressed that she would train rigorously, and hence she started feeling weak. To this, her coach Mr Mickey had introduced her to a new set of vitamins to her. What followed to this was another case against Coach Mickey Menzenes where he argued that he had acted negligently. The ineligibility imposed on Kirti for four years was set aside and she was later banned from playing for two years. Simultaneously, in the case filed against Mickey Menzenes, it was revealed that the supplier had lied about the contents of the supplements, and Mr Mickey was equally shocked about Kirti’s test coming back positive. Alongside the learned counsel from the plaintiff argued that Mickey Menzenes wanted undue advantage from the National level games and hence had deliberately administered the drugs to Kirti. Mickey Menzenes was then declared as ineligible to be a coach for a period of 4 years and was charged a 50,000/- rupees fine as well.
2. WADA Vs Chaudhary:- Kavita Chaudhary, a 14 year old girl was found guilty and in fact pleaded guilty of doping in 2010. The minor was a student of 8th standard and was from a small and secluded village. On training for a wrestling competition, Kavita unfortunately injured her right shoulder and was treated by a doctor in her hometown. She had taken three injections of Decadurabolin, a drug that comes under the ADRV. her adolescent age, her family background and the fact that her parents or guardian no one was educated enough to explain Kavita the rules of the Doping agencies were kept in mind, and hence was sanctioned only for a year.
3. Manjeet Singh Vs. NADA:- Appellant Manjeet Singh had met with an accident in 2010 and was treated by doctor Karamjit Singh at NIS Patiala, who was authorised by the Sports Authority of India. It so happened that Manjeet had injured his entire back and the superficial layer of his skin had been peeled out. To this he was prescribed Soframycin. That had been applied to him on 2nd and 3rd June 2010. On 4th, 5th and 7th June, Clostagen Cream was applied to him. Clostebol had entered Manjeet’s body by the cream Clostagen, another drug that comes under the ADRV. The entry records of the ointment applied to Manjeet was also tampered but later the original documents were found. The learned counsel defending the appellant argued that as the applicant was suggested the ointment by a doctor appointed by the SAI itself, he had no reason to doubt the expertise. Also, another fact that was pointed out was that it was impossible for Manjeet to know if the medicines were changed as it was applied on his back. The panel hence did not find and eliminate Manjeet guilty as the negligence was on behalf of NIS Patiala.
- WADA Vs. Sapna Devi:- It’s pretty obvious that the natural menstrual cycle becomes a hurdle for women. That is exactly what happened with Sapna Devi, a Judo player. She had been experiencing extremely painful period cramps and she had admitted that she had taken a treatment for that. There was hence a violation of the Anti Doping Rules. There is a Therapeutic Use Exemption as well but Sapna Devi had not obtained it. A sanction of 10 months was already given to her and on a new appeal by the WADA, it was increased to two years. A benefit of negligence or no fault was given to Sapna Devi and was later lifted. The panel hence found Sapna guilty.
Hence, the aforementioned case laws highlight that even if there was negligence, NADA hasn’t been soft towards the people accused. As strict as these measures sound, they are much needed to ensure fair play.
Suggestions:- Laws as strict as the Anti-Doping Act barely need reforms but if need to point out, a few of these measures would definitely help the aspiring players:-
- Education:- It is almost next to impossible for a layman to understand about the drugs that are not allowed under the ADRV. However aspiring athletes should be given a guide as to which drugs and products should never be used. Every athletic team should be assigned a doctor that informs them about all the prohibited drugs.
- Little Relief:- While strict laws are needed, Women should be allowed a little relief on the punishment part for using prohibited drugs because of their menstrual cycle. As a natural phenomena, it is something they cannot help and hence the ineligibility period for them should be a little less as seen in the Sapna Devi case.
- Drug Availability:- As seen in most of the cases, the drugs have entered the athletes body through a primary medicine. The medicines prescribed to athletes should be different from the ones that are readily available and a very strict committee should be formed to ensure this.
- Awareness:- The cons of doping are not quite known to the athletes doing it. The availability of knowledge of ill effects of doping should be higher than that of doping. Before even the idea of doping hitting the athletes mind, the thought of ill effects of doping should be in the players mind.
The idea of doping is well known but the ill effects aren’t. The players should be taught and explained the ill effects of it before giving them the drugs.
Conclusion:- In a world where sports is finally being seen as a mainstream profession and not just a hobby, the number of people interested in making a career in sports is increasing day by day. What started off as just a competition has been taken so seriously that athletes have started to inject themselves to a point where the dangling gold medal in their neck excites them to a point they’re ready for the dangling pipes of the I.C.U. The researcher had highlighted the meaning, ill effects, history, case laws and their own suggestion through a descriptive research paper. The paper has given an overview on doping and anti-doping. With this research paper, by highlighting the ill effects of doping, the researcher has tried to take a small step towards the awareness of doping.
But one question remains. If the laws are so strict, why is it that the case count is not getting down to 0?
The answer could be competitiveness. With a significant rise in the competition, it is natural for people to try to win. In the process, the man loses a touch with himself and tries to explore the path of drugs.
Winning is important, but so is living a healthy life. That is the whole idea that the fitness part of sports promotes. A healthy lifestyle.
A research paper by Richa Mishra,a student of KES’s Shri Jayantilal H. Patel Law College.