WADA objections reason behind amendments to anti-doping Act 

The amendments to the National Anti-Doping Act introduced by Sports Minister Dr Mansukh Mandaviya essentially seeks to correct past mistakes that had upset the World Anti-Doping Agency (WADA).

Some of the sections of the Act that was passed in Parliament in 2022 were in abeyance to the World Anti-Doping Code, to which India is one of the signatories.

As per the code, signatories have to comply with “a number of legal, technical, and operational requirements that are set out in the Code and the accompanying international standards”. It makes WADA the sole authority, which is responsible for monitoring and enforcing compliance by countries.

The 2022 Act gave overbearing powers to National Board for Anti-Doping in Sports, National Anti-Doping Agency and to the Centre to make rules to regulate the functioning of National Dope Testing laboratory (NDTL) and on procedures of testing the samples.

WADA’s objections stalled the implementation of the Act and hence the government had to bring in the amendments. The sports ministry officials had explained that the WADA’s objections were more to do with the verbatim of the Act, rather than the Act itself.

However, the amendments had to be brought as one of the most important aspects of WADA’s criticism of India’s anti-doping facilities is that it is still under government’s control and the sections of the Act gave them more powers to preside over testing.

Three big changes

Majorly, there are three amendments to the Act that was introduced on Wednesday. Clause (d) of sub (section 4) of section 26 of the Act that gave government overriding powers to make rules for qualification for appointment of staff at the NDTL. Further, it gave powers to the government to make rules for the functioning of the laboratory and procedure for analysis and tests of the samples taken from the athletes.

Section 31 gives the NADA powers to regulate the procedure of testing and determination of sanctions imposed on dope cheats. Finally, clause 19 gives powers to the government to make rules to set qualifications as to how NDTL carries out its functions.