The quest for harmonisation in anti-doping: Procedural fairness and anti-doping disputes in India

HDR student: Shaun Star

Milestone: PhD, mid-candidature review

When and where: 

Monday 9 August 2021, 11am-12pm
https://uqz.zoom.us/j/2316954260 

Abstract

The World Anti-Doping Agency aims to promote clean sport through the introduction and implementation of harmonised rules under the World Anti-Doping Code, 2021 (the Code). Since WADA relies heavily on National Anti-Doping Organisations to implement the Code, the experience of anti-doping differs across countries. Some scholars argue that the current framework disproportionately impacts athletes from developing countries, and therefore any holistic discussion on the effectiveness of the anti-doping system ought to consider the implementation of the Code in such nations. This paper contributes to this debate by analysing systemic issues in the implementation of the Code in one such country - India. The legitimacy of anti-doping in India has been questioned as a result of the recent suspension of the National Dope-Testing Laboratory, a series of false positive tests, accusations of significant procedural and substantive errors by domestic tribunals, and access to justice challenges. Given the prevalence of doping in India, alongside the accumulation of recent controversies and push for reform, a deeper analysis of anti-doping in the country is warranted. In addition to discussing key case studies, the presentation will set out preliminary results of empirical research conducted by the presenter which emphasises the lack of harmonisation in the anti-doping system, and point to systemic shortcomings of procedural fairness in the anti-doping system.