Amendments to National Anti-Doping Act aim to address WADA's concerns

The amendments introduced by Sports Minister Mansukh Mandaviya seek to rectify issues that had previously raised objections from the World Anti-Doping Agency (WADA).

A few sections of the National Anti-Doping Act, passed by Parliament in 2022, were inconsistent with the World Anti-Doping Code, of which India is a signatory.

According to 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 Central Government 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.

Officials of the Sports Ministry had explained that WADA’s objections were more to do with the verbatim of the Act, rather than the Act itself.

However, the amendments were necessary because one of WADA’s main criticisms of India’s anti-doping facilities was that they remained under government control, and the Act’s provisions granted the government greater authority over testing procedures.

Three big changes

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 also 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.