The International Sports Law Journal (2023) 23:44–63

https://doi.org/10.1007/s40318-022-00220-7

ARTICLE

The quest for harmonisation in anti‑doping: an Indian perspective

Shaun Star1,2

Accepted: 3 May 2022 / Published online: 25 May 2022

© The Author(s) 2022

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 Organisa-
tions 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. 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. The lack of compliance in India with certain requirements set out in the Code, as
well as the failure to meet “best practice” standards set by other jurisdictions, is evidence that there is a lack of harmonisa-
tion in implementing anti-doping rules and procedures across countries. This paper contributes to the debate on the impact
that a lack of harmonisation in the implementation of the Code can have on the legitimacy of the anti-doping framework.
From a policy perspective, the proposed research agenda and recommendations can be applied to promote reform in India
and other jurisdictions, especially in developing and emerging countries.

Keywords Anti-doping · Court of Arbitration for Sport (CAS) · National Anti-Doping Organisations (NADOs) · World
Anti-Doping Agency (WADA) · India · Harmonisation

1 Introduction its mission is to monitor signatories to ensure that they are

in compliance with the Code so that “all countries follow the
Doping threatens to undermine the spirit of fairness that same set of rules and implement compliant anti-doping pro-
underpins sport. Accordingly, governments and interna- grams”.3 According to WADA, uniform compliance by all
tional organisations have built a framework to restrict, signatories is critical for the anti-doping system since “har-
deter and sanction doping in sport. The World Anti-Dop- monization means that athletes know what to expect from
ing Agency (WADA) aims to promote clean sport through the anti-doping system no matter where they are from or
the introduction and implementation of harmonised rules where they are competing.”4 While the Code has now been
under the World Anti-Doping Code, 2021 (the Code).1 adopted by most international sport federations and national
The implementation of the Code relies on the cooperation governments, the experience of anti-doping differs across
of national governments which ratify the provisions of the countries.5 To date, most scholarship on the effectiveness
Code according to their specific constitutional require- of the implementation of anti-doping policy has focussed
ments.2 WADA has acknowledged that “a central pillar” of on developed countries such as the UK.6 However, scholars
have argued that the current framework disproportionately
1
Kambhampati and Star (2021).
* Shaun Star 2
WADA (2021a).
[email protected]
3
WADA (2021d).
1 4
Professor, Jindal Global Law School, O.P. Jindal Global Ibid.
University, Sonipat, Haryana, India 5
Gatterer et al. (2020); Efverström and Bäckström (2017); Hanstad
2
Ph.D. Candidate, TC Beirne School of Law, The University et al. (2010).
6
of Queensland, St Lucia, QL, Australia Batt (2011).

13
Vol:.(1234567890)
The International Sports Law Journal (2023) 23:44–63 45

impacts athletes from developing countries7 and, therefore, promoting legitimacy of anti-doping institutions. Second,
any holistic discussion on the effectiveness of the harmoni- the paper provides an overview of anti-doping in India and
sation of the anti-doping system ought to take into account discusses the current systemic challenges with respect to
the implementation of the Code in such nations. Limited the implementation of anti-doping policies within the coun-
research has been conducted on the impact of the adoption of try. Following this, the paper adopts a case study approach
the Code in developing and emerging countries.8 This paper to highlight the practical application of these challenges.
contributes to this debate by analysing systemic issues in the Finally, the author sets out recommendations and areas for
implementation of the Code in one such country—India. potential reform to anti-doping in India. It is argued that the
Indeed, India has a high prevalence of anti-doping rule vio- lack of compliance in India with certain requirements set
lations amongst its athletes, with the majority of athletes’ out in the Code, as well as the failure to meet “best practice”
cases being determined by domestic tribunals.9 Recently, standards set by other jurisdictions, is evidence that there is
the legitimacy of the anti-doping framework has been ques- a lack of harmonisation in implementing anti-doping rules
tioned as a result of the suspension of the National Dope- and procedures across countries. This paper contributes to
Testing Laboratory (NDTL),10 a series of highly publicised the debate on the impact that a lack of compliance and har-
false positive tests,11 accusations of significant procedural monisation in the implementation of the Code can have on
and substantive errors by domestic tribunals,12 and access the legitimacy of the anti-doping framework. From a policy
to justice challenges before the High Court.13 In addition, perspective, the discussions, proposed research agenda and
there has been discussion of anti-doping reform, with the recommendations can be applied to promote positive reform
introduction of the National Anti-Doping Bill (2021), in in India and other jurisdictions, especially in developing and
Indian Parliament, as well as separate government policy emerging countries.
with respect to regulation of supplements14 which have been
the cause of many inadvertent anti-doping rule violations in
India. Given the prevalence of doping in India, alongside the 2 The anti‑doping agenda
accumulation of recent controversies and push for reform, a
deeper analysis of anti-doping in the country is warranted. 2.1 The regulatory framework
The paper will first set out the anti-doping framework and
discuss the importance of the quest for harmonisation in The purpose of the Code is to ensure universal harmonisa-
tion of anti-doping with respect to detection, deterrence and
prevention of doping.15 The Code sets out specific anti-doping
rules that National Anti-Doping Organisations (NADOs) are
7
Dasgupta (2019); Star and Kelly (2021); Star and Kelly (2022). responsible for adopting, implementing and enforcing within
8
Cf. Yang et al.’s (2021) paper where the authors seek to understand their authority.16 While the Code allows national agencies
the implementation of anti-doping policies in China. some flexibility in the rules that they adopt in their respective
9
Very few cases involving Indian athletes have been appealed to the jurisdictions, there are a number of articles of the Code which
Court of Arbitration for Sport (CAS). To date, only 10 anti-doping
cases have been appealed to the CAS involving 14 athletes: Star are mandatory and must be adopted by each anti-doping
and Kelly (2021). This represents just over 1% of more than 1200 organisation without any substantive changes.17 While each
Indian athletes who have been found to have committed an anti-dop- jurisdiction may establish its own dispute resolution infra-
ing rule violation by the first-instance tribunal since its inception in structure to hear disputes with respect to anti-doping rule vio-
2009 (Star and Kelly 2022; NADA 2022). Star and Kelly (2021) fur-
ther note that only one Indian athlete has appealed to the CAS for an lations (ADRVs), these matters may ultimately be appealed to
anti-doping rule violation and that this data “may in itself be prima the Court of Arbitration for Sport (CAS).18
face evidence of access to justice issues in the anti-doping dispute
resolution framework” (p. 110). While further empirical evidence is
required to ascertain the cause of these accessibility constraints, the
fact that the vast majority of cases are heard by first-instance tribunals 15
WADA Code (2021), p. 9.
in India underscores the importance of these bodies. 16
WADA Code (2021), p. 16.
17
10
Kothari and Mehrotra (2019). WADA Code (2021), Article 23.2.2. For instance, for the purposes
11
Vasavda (2020a). of consistency and harmonisation, anti-doping organisations should
12 base their decisions on (i) the same list of anti-doping rule violations;
Mohan (2020). (ii) the same burdens of proof; and (iii) impose the same sanctions for
13
Sharma (2020). See, e.g., Dharam Raj Yadav v. NADA & Ors, the same anti-doping rule violations.
Civil Writ Petition No. 8636 of 2020. 18
However, an athlete who is not an international-level athlete, or an
14
Food Safety and Standards Authority of India, Order dated 9 May athlete involved in an international event, may not necessarily have a
2017, “Use of Performance Enhancing Drugs (PED) in Health Sup- right of appeal to the CAS. Rather, they will be permitted to appeal a
plements.” https://​archi​ve.​fssai.​gov.​in/​dam/​jcr:​1e78a​364-​c216-​4715-​ first-instance decision to an appellate body in accordance with rules
8b33-​b8852​069c7​75/​Order_​Perfo​rmance_​Enhan​cing_​Drug_​08_​06_​ established by the National Anti-Doping Organization: WADA Code
2017.​pdf. Accessed on 10 March 2022. (2021), Article 13.

13
46 The International Sports Law Journal (2023) 23:44–63

NADOs play a crucial role in implementing the Code and challenge for WADA. Third, when translating these rules
ensuring compliance with the anti-doping rules across dif- and procedures into different geographical and economic
ferent countries. In India, the National Anti-Doping Agency contexts, it needs to be acknowledged that some NADOs are
(NADA) governs anti-doping in sports. The National Anti- better resourced than others. In some countries—especially
Doping Rules, 2021 (NADA Rules) set out the procedure for developing and emerging nations—implementation of anti-
the collection of samples, the management of test results, doping policy is not high on the nation’s policy agenda. Con-
and the conduct of hearings at the national level. The rules sequently, resource limitations in certain parts of the world,
are similar to the provisions of the Code. On paper, anti- including in parts of South Asia, Africa, South America
doping institutions and procedures in India are similar to and Eastern and Central Europe, NADOs simply ‘do not
most jurisdictions around the world. However, due to the have the capacity to comply’.25 In fact, the Chief Executive
flexibility and autonomy afforded to NADOs, there are dif- Officer of the Anti-Doping Authority Netherlands noted that
ferences in the implementation of different aspects of the ‘the Code demands much more than even the most devel-
Code, including with respect to testing, education, and some oped NADOs can realise’.26 Gray’s three factors provide a
procedural elements. useful framework on which to analyse compliance in anti-
doping, especially with respect to testing standards, proce-
2.2 The quest for harmonisation dural fairness and education. Compliance with strict testing
standards relies heavily on what Gray defines as WADA’s
WADA’s primary goal is to promote a harmonised anti- top-down approach, yet as discussed throughout this paper
doping system. For the anti-doping framework to create a due to cultural differences and resource constraints, testing
level playing field, it is important that NADOs implement standards may vary (albeit in exceptional circumstances)
the Code consistently. This is especially true with respect across jurisdictions. Similarly, given the reliance on NADOs
to testing procedures, upholding the rights of athletes, and (and tribunals) to provide procedural protections to athletes,
handing down proportionate sanctions in accordance with WADA’s top-down approach has some limitations with
the Code. However, the implementation of the Code varies respect to ensuring procedural compliance by national tri-
from jurisdiction to jurisdiction and significant variations bunals, as well of education of athletes. Cultural variations
even exist among NADOs that are considered ‘global front- and resource constraints play a significant role in the lack
runners in the struggle against doping’.19 Gray has argued of uniformity with respect to procedural fairness and educa-
that the three factors that have hindered compliance with the tion of athletes. It is clear that despite WADA promoting the
Code, and therefore inhibited harmonisation of anti-doping goal of harmonisation that the consistent and harmonised
policy, are the top-down approach to implementation, cul- implementation of the Code is a significant challenge for the
tural variations, and lack of resources.20 First, with respect anti-doping ecosystem.
to WADA’s top-down approach, Gray notes that WADA’s Compliance with the Code by all stakeholders is critical
sanctions are limited to withdrawing laboratory accredi- in the quest for harmonisation in anti-doping policy. The
tations, and it relies on other stakeholders, including the extent to which WADA and NADOs successfully implement
International Olympic Committee, international federations the Code ‘is a determining feature of [their] legitimacy and
and NADOs, to ensure compliance with the Code.21 Sec- capacity to accrue support from [their] various audiences’.27
ond, cultural variations present a challenge to compliance Pielke Jr. and Boye argue that scientific integrity should be
since ‘[d]ifferent geographical and cultural contexts affect a guiding light in the implementation of the Code and that
the way in which international agreements are absorbed and it ‘underpin[s] the legitimacy of anti-doping regulation.’28
interpreted’.22 Many have argued that anti-doping regula- Without scientific integrity, the quest for harmonisation will
tions are designed, interpreted, and enforced by those in the surely fail. For instance, accredited laboratories must apply
Western culture,23 and that to ensure compliance and harmo- the same high standards for testing, irrespective of where
nisation such policies need to be effectively ‘translated and they are based, to avoid inaccurate or inconsistent results.
embedded into non-Western cultures’.24 This is a significant Anti-doping panels need to comply with strict substantive
and procedural compliance requirements to ensure due
process, ensuring that the rights of all athletes are upheld.
However, scholars have argued that case studies suggest that
19
Hanstad et al. (2010).
20
Gray (2019).
21 25
Ibid. Ibid, p. 256; Houlihan (2013).
22
Gray (2019), p. 255. 26
23 Gray (2019), p. 257.
Ibid; Dimeo and Møller (2018); Efverström and Bäckström 27
(2017); Park (2005). Read et al. (2019), p. 234.
24 28
Gray (2019), p. 255. Pielke Jr. and Boye (2019), p. 297.

13
The International Sports Law Journal (2023) 23:44–63 47

Table 1  Number of tests administered by NADOs and percentage of adverse analytical findings (AAFs) (2015–2020) (n = total tests)
NADO Year
2020 2019 2018 2017 2016 2015
n % n % n % n % n % n %
AAFs (%) AAFs (%) AAFs (%) AAFs (%) AAFs (%) AAFs (%)

India 1186 4.6 4004 5.6 3979 2 3174 2.2 2831 2.6 5162 2.1
Iran 370 4.1 1214 5.3 795 4.5 1149 4.6 997 4 888 4.8
South Africa 358 3.1 1542 3.8 1124 3.1 1178 3.8 2795 2.6 2667 2.7
USA 7756 1.8 11213 1.7 9958 1.5 9820 1.4 9131 1.5 7547 1
Belgium (Flanders) 1345 1.7 1933 1.7 1914 1.8 2059 1.9 1919 2.4 2082 2.8
Canada 1225 0.5 3902 1.1 3404 1.5 3943 1.4 3443 1 2797 1.3
Italy 5043 0.4 8539 1 8587 1 8710 0.9 8158 1 5377 0.6
Russia 6861 0.8 9516 0.9 8322 1.4 5487 0.6 2557 2.6 12536 1.2
France 6104 0.5 7388 0.9 7669 1.7 7276 2.3 7457 2.1 7141 1.7
Australia 2685 0.6 4729 0.7 4542 0.6 4641 0.9 4430 1.2 4631 0.5
New Zealand 1012 0.4 1302 0.5 1272 0.6 1688 0.5 1232 0.6 1087 0.6

stakeholders have ‘… departed significantly from a ground- one of the worst offenders in the Anti-Doping Rule Viola-
ing in scientific evidence’ and that this is ‘… reflective of tion (ADRV) reports published by WADA.31 In 2018, Russia
systemic shortfalls in anti-doping regulation’.29 Keeping in (144 ADRVs), Italy (132 ADRVs) and France (114 ADRVs)
mind the importance of consistency and scientific integrity topped the list of doping violations, and India (107 ADRVs)
in achieving the quest for harmonisation, it is an important was a close fourth.32 In 2017, India had the fourth highest
exercise to critically examine the extent to which different number of ADRVs (57)33 and for the 3 years prior to this,
stakeholders comply with the Code. As discussed above, India had the third highest number of ADRVs for 3 years in a
while scholars and practitioners have claimed that harmoni- row (2015-2017).34 Figure 1 shows the number of ADRVs in
sation has not been achieved across different countries, there India over the past 5 years relative to other countries which
is scope for further analysis on the extent of compliance with consistently rank high on WADA’s ADRV list. A perusal
the Code by specific countries. Given the strong arguments of the ADRV list published on the NADA website shows
that the Code effects NADOs and athletes from developing that more than 98% of ADRVs are a result of an athlete
countries disproportionately, a case study analysis of com- testing positive for a prohibited substance, and therefore
pliance with the Code in a country such as India may shed in violation of Article 2.1 of the Code.35 Several athletes
some light on how far the quest for harmonisation is from were in violation of the NADA Rules due to their refusal or
being realised. failure to provide sample. While limited empirical evidence
exists with respect to the prevalence of inadvertent doping in
India, anecdotal evidence and commentary suggests that it is
3 Anti‑doping in India: context and current widespread with lack of awareness, or inadvertent consump-
challenges tion of a banned substance due to medicine or supplement
usage being common.36 On rare occasions where an athlete’s
3.1 Anti‑doping rule violations

Doping is prevalent in Indian sport. Since 2009, NADA has 31

WADA (2017), p. 6.
tested more than 40,000 athletes for ADRVs and a total of 32
WADA (2020a).
1206 athletes have committed anti-doping rule violations 33
WADA (2019a)
under the NADA Rules.30 India has consistently ranked as 34
The Hindu (4 April 2017).
35
Article 2.1 of the Code provides that “presence of a prohibited
substance or its metabolites or markers in an athlete’s sample” con-
29
Ibid, p. 309. stitutes an anti-doping rule violation. Note that under this provision,
30 it is not necessary to show that the athlete had any intent, fault, or was
NADA (2022): the total number of ADRVs is in accordance with
the list published by NADA on 20 January 2022. See also, Table 1 negligent in consuming the prohibited substance, and as such this will
and the Anti-Doping Testing Figures reported by WADA on an result in an ADRV whether the prohibited substance was consumed
annual basis for further details on the total number of samples tested intentionally or unintentionally.
36
by NADA. Dayal (2018); Krishnan et al. (2022).

13
48 The International Sports Law Journal (2023) 23:44–63

sample has been retested by a foreign lab and found to have decrease in testing in 2020, with a total of 1186 tests being
been a “false positive”,37 such athletes appear to have been conducted throughout the year. This is perhaps expected
removed from NADA’s ADRV list despite (wrongfully) hav- given that (1) India was in a nation-wide lockdown for much
ing served a suspension. of 2020, (2) the NDTL was suspended for this period, requir-
In addition to the high prevalence of doping in India, ing all dope tests to be sent abroad for testing at a consider-
and the need for better education, the anti-doping system able expense for NADA. As a result of the relatively low
has been rife with controversy in India in recent years. The testing levels, the percentage of athletes returning a positive
following sections discuss issues with respect to testing, adverse analytical finding (AAF) is much higher than other
procedural and substantive errors in panel decisions, and countries, and indeed it has increased significantly recently.
concerns with respect to inadvertent doping and anti-doping In 2019, the percentage of athletes returning a positive AAF
education. Despite efforts to promote harmonisation in anti- was 5.6%, and in 2020, 4.6%, both well above the interna-
doping procedures globally, shortcomings in testing, proce- tional average.
dural fairness and education each threaten to undermine the This trend of decreasing tests and an increased percent-
legitimacy of anti-doping in India. age of AAFs, was opposite to the global trend prior to the
COVID-19 pandemic. Globally, there was a slight decrease
3.2 Testing in the total percentage of AAFs, from 1.05% in 2018 (2774
AAFs from 263,519 samples) to 0.97% in 2019 (2702 AAFs
3.2.1 Testing trends in India from 278,047 samples).41 Conversely, in India, the percent-
age of AAFs more than doubled from 2018 to 2019, increas-
In India, NADA is responsible for the testing of its athletes, ing from 2% to 5.6%. In 2020, there was a 46.1% decrease
whereas the National Dope Testing Laboratory (NDTL) in in the number of samples analysed globally as a result of the
New Delhi conducts analytical testing of samples to deter- COVID-19 pandemic, and a decrease in the total percent-
mine whether they contain any prohibited substances. All age of AAFs 0.67% (1009 AAFs from 149,758 samples),42
accredited testing laboratories are required to ensure that whereas India’s testing decreased by more than 70% and
they comply with the provisions of the International Stand- the percentage of AAFs decreased by 1%. Even prior to
ard for Laboratories (ISL), in particular those requirements the impact of the pandemic, the number of tests in India
set out in Article 4.4.38 Compliance with these rules is man- had decreased and despite this the percentage of AAFs was
datory so as to ensure that these laboratories consistently increasing. While the reduced number of tests in India, and
produce valid test results, and as these rules promote a test- consequent increase in percentage of AAFs, might on the
ing system that is uniform and harmonised, regardless of face of it show a decline in the number of athletes testing
where a dope test takes place.39 In August 2019, NDTL’s positive to a banned substance, it may also indicate that there
WADA accreditation was suspended due to non-compliance are likely more athletes who are not being caught. While the
with the ISL and its corresponding technical documents.40 decrease in testing during the pandemic was consistent with
As set out in Table 1, testing numbers are not high com- global trends, there is no evidence available as to why testing
pared to other jurisdictions, especially given India’s large decreased so significantly from 2015 onward and only gradu-
population. The number of athletes that NADA has tested ally increased in subsequent years. In response to criticisms
decreased significantly from 2015 (5162 samples) to 2016 that NADA reduced testing drastically from 2015 onward, a
(2831 samples), despite 2016 being an Olympic year. The NADA official argued that “it is not the quantity of the tests
number of athletes tested has slowly increased to 4,004 sam- that is material” but rather the quality, further explaining
ples in 2019. As was evident across most jurisdictions, the that “[i]n 2015 it was the run-up to the Olympics, so a large
impact of the COVID-19 pandemic resulted in a significant number of tests had to be conducted.”43 However, with the
exception of Russia, no other jurisdiction experienced such
a significant decline in testing after 2015. In fact, the data
37
See, e.g., Dharam Raj Yadav v. NADA & Ors, Civil Writ Petition in Table 1 indicates that many countries increased testing
No. 8636 of 2020; Abhijeet Gurav v. NADA & Ors, Civil Writ Peti- from 2015 to 2016,44 while according to WADA, there was
tion No. 616 of 2020; Kiran DevidasSanas v. NADA & Ors., Civil
Writ Petition No. 1165 of 2020; Sachin Betkar v. NADA & Ors.,
Civil Writ Petition No. 1216 of 2020; Suresh Pai v. Union of India &
Ors., Civil Writ Petition No. 1376 of 2020.
38
World Anti-Doping Code, International Standard for Laboratories,
2021, available at https://​www.​wada-​ama.​org/​sites/​defau​lt/​files/​resou​ 41
WADA (2020b), p. 1.
rces/​files/​isl_​2021.​pdf. 42
39
WADA (2021b).
International Standard for Testing, Article 1.1.1. 43
40
Cyriac (2018).
WADA (2019b). Discussed further in Sect. 2.2.2 below. 44
See Table 1.

13
The International Sports Law Journal (2023) 23:44–63 49

an overall decrease in the number of samples from 2015 to Rome, they were found to be negative.52 In 2016, the initial
2016 of only 0.9% (303,369 in 2015 to 300,565 in 2016).45 negative report of an Indian athlete was overturned by the
It should be noted that while most developed countries Cologne laboratory on conducting an IRMS analysis.53 The
consistently returned a percentage of AAFs of lower than consequences of errors in the results management process
2% in recent years (see Table 1), some developing coun- can be significant for an athlete.
tries also showed higher percentages similar to India (for Athletes have also claimed that there have been pro-
instance, the average percentage of AAFs in Iran was 5.82% cedural shortcomings in the result management process,
from 2015 to 2020, while South Africa averaged 3.13% dur- including issues with respect to the chain of custody after
ing the same period). While neither Iran nor South Africa samples have been collected. For example, in Inderjeet
returned the large number of ADRVs as has been the case Singh’s case it was alleged (and originally conceded by
in India in recent years, the fact that South Africa, Iran and the doping control officer) that the accused athlete’s urine
India all have a higher percentage of AAFs than the devel- sample had been stored in the doping control officer’s home
oped counties listed in Table 1 perhaps points to the need refrigerator overnight.54 In 2021, the ADAP cleared Vijay
for further research (with a larger sample size) to understand Singh, an amateur Indian athlete, of his suspension after
whether there are consistent trends when comparing devel- NADA was ordered to retake his urine sample and send it to
oped and developing countries with respect to the percentage the WADA-accredited laboratory in London.55 The athlete
of AAFs. alleged that several unauthorised people were present at the
Doping Control Station throughout the sample collection
3.2.2 Consequences of the suspension of NDTL process which was in violation of the Urine Sample Collec-
tion Guidelines.56 The Delhi High Court also emphasised
WADA can suspend or revoke the accreditation of a lab if it the importance of avoiding delay in the results management
fails to comply with the ISL or technical documents.46 process, noting that:
In September 2018, WADA listed several major objec-
Testing of samples in a timely manner is crucial as
tions with NDTL, including issues with its isotope ratio
sportspersons like the [athlete] are placed on a ban
mass spectrometry (IRMS) sampling procedure,47 faulty
in the interregnum and the … National Anti-Doping
standard operating procedures with respect to the testing,
Agency ought to act with urgency while dealing with
and an inefficient quality management team.48 Based on the
such matters.57
recommendation of an independent disciplinary committee,
WADA suspended NDTL’s accreditation in August 2019 for Following the high court order, and after comparing the
non-compliance with the ISL.49 DNA in each of the samples, the report from the laboratory
Commentators were not surprised with NDTL’s suspen- showed that the original urine sample on which the athlete’s
sion given that ‘WADA had been giving repeated warnings AAF was based was not in fact the athlete’s urine.58 Despite
to the NDTL to bring its testing methods in line with ISL being ineligible to participate in sport for approximately
and the related Technical Documents’.50 For instance, six 2.5 years, the ADAP held that the athlete had been wrong-
tests which returned a negative AAF were retested in the fully sanctioned based on a positive AAF from another ath-
WADA-accredited Montreal lab in Canada which found lete’s sample.59 Highlighting the importance of the results
them to be positive,51 resulting in those six Indian athletes management procedure, the ADAP also acknowledged that
being suspended. NDTL also returned several false posi-
tives, whereby athletes were wrongfully suspended based on
erroneous results from the NDTL. When the samples of four
athletes were retested by the WADA-accredited laboratory in 52
Vasavda (2020a).
53
Kothari and Mehrotra (2019).
54
Inderjeet Singh v. NADA, Anti-Doping Appellate Panel, Case No.
45 08, ADAP 2018, para 8.
WADA (2018). 55
46
Vijay Singh v. National Anti-Doping Agency (NADA) & Anr.,
Article 4.6.4. Delhi High Court, W.P.(C) 3766/ 2021.
47
IRMS is an analytical technique required to be used by WADA- 56
Singhania and Dhingra (2021).
accredited laboratories before releasing of an AAF for the abuse of 57
Vijay Singh v. National Anti-Doping Agency (NADA) & Anr.,
pseudoendogenous steroids (i.e., testosterone). See e.g., de la Torre
W.P.(C) 3766/2021, Delhi High Court, order dated 22 March 2021
et al. (2019).
48
(Justice Prathiba M. Singh), http://​delhi​highc​ourt.​nic.​in/​dhcqr​
Hussain (2019). ydisp_o.​asp?​pn=​48509​&​yr=​2021.
49
WADA (2019b). 58
Das (2021).
50
Kothari and Mehrotra (2019); Mohan (2019). 59
Vijay Singh v. National Anti-Doping Agency, Anti-Doping Appeal
51
Hussain (2019). Panel, Case number- 04.ADAP.2020.

13
50 The International Sports Law Journal (2023) 23:44–63

NADA’s doping control officers need to strictly comply with ADDP and ADAP have regularly applied 4-year sanctions to
the standard operating procedures of sample collection.60 athletes who have tested positive to a specified substance out
NDTL’s suspension has added to the difficulty of the of competition (an ADRV that typically results in a maxi-
results management process during the COVID-19 pan- mum ineligibility period of 2 years, unless NADA can prove
demic. There has been a significant increase in the cost that the athlete intentionally consumed the banned substance
of transporting the samples to international laboratories61 for performance enhancing purposes).69 It appears that the
which is likely to result in a lower number of tests being panels accepted NADA’s arguments that not listing the sup-
conducted given the NADA’s limited budget.62 It should be plements or medicines on the athlete’s doping control form
acknowledged that in December 2021, WADA restored the was sufficient evidence of the athlete’s intention to cheat.70
accreditation of NDTL noting that it had now become fully Commentators argue that there have been ‘glaring dispari-
compliant with the ISL.63 ties’ in the way panels interpret the rules, both within India
and compared to other jurisdictions, and that consequently
3.3 Procedural issues in anti‑doping disputes WADA should ‘hold workshops and seminars for the benefit
of those who determine the fate of athletes’.71
In India, the Anti-Doping Disciplinary Panel (ADDP) has Minimum procedural guarantees exist under the Code,
been constituted to hear disputes with respect to ADRVs including an athlete’s right to a fair, impartial and independ-
by athletes.64 Cases may be appealed to the Anti-Doping ent hearing, the right to legal representation, the right to an
Appeal Panel (ADAP) and cases arising from international accessible and affordable hearing process, and the timely
events or involving international athletes may be appealed resolution of disputes.72 However, it has been argued that
to the CAS, after an appeal to ADAP.65 An international first-instance hearings in developing countries might fall
level athlete may also request a single hearing before CAS, short of these procedural guarantees more often than their
with WADA and NADA’s consent, rather than exhausting counterparts in developed countries.73 This is evidenced by
the hearing process at a domestic level.66 the fact that countries such as Australia, New Zealand, and
Commentators have argued that systemic issues exist the UK have constantly implemented reforms with respect to
in some first-instance tribunals when an athlete’s alleged their sports dispute resolution procedures, whereas countries
ADRV is being heard.67 This is particularly true of hearings such as India have not.74
in India where there have been allegations of substantive Although athletes have the right to be represented by
errors made by the ADDP, access to justice complaints, and counsel at their own expense,75 access to justice issues exist
significant delays in hearings, all of which are critical given in anti-doping disputes for many athletes around the world
how much is at stake for athletes accused of an ADRV. given the affordability of counsel, expert evidence and labo-
The ADDP has been accused of erroneous decisions. ratory analysis.76 However, such access to justice issues are
For instance, Rajaraman argues that the ADDP ‘mixed up more pronounced in developing countries.77 A perusal of
cases’ as evidenced by the fact that ‘a panel copied–pasted a the publicly available decisions handed down by the ADDP
paragraph from an earlier order’, despite such circumstances shows that many athletes are unrepresented at first instance.
not being applicable to the case.68 Mohan alleged that the This, coupled with the fact that commentators have argued
that there have been systemic issues of delay and access to
justice at first-instance hearings in India,78 are problematic.
While many athletes have the right to appeal to the CAS, this
60
Ibid.
61
The Economic Times (23 August 2019). 69
62
Mohan (2020). See, e.g., NADA vs Mukul Sharma (Case No. 145.
Mohan (2019). ADDP.01.2019), award of 17 December 2019; NADA vs Himanshu
63
WADA (2021c). Kumar Chang (Case No. 74.ADDP.04.2019), award of 6 January
64
NADA Rules (2021), Article 8.1. 2020.
65
NADA Rules (2021), Articles 13.2.1 and 13.2.2. 70
Mohan (2020).
66
NADA Rules (2021), Article 8.5. 71
Ibid.
67
Star and Kelly (2021). 72
WADA Code (2021), Article 8; ISRM (2021), Article 8.
68
Rajaraman (2020). See NADA vs Himanshu Kumar Chang (Case 73
Star and Kelly (2021), p. 96.
No. 74.ADDP.04.2019), award of 6 January 2020 and NADA vs 74
Kambhampati and Star (2021).
Vishal Solanki (Case No. ADDP.2020), award of 27 May 2020. It is 75
interesting to note that while the ADAP upheld the original ADDP WADA Code (2021), Article 13.2.2; ISRM (2021), Article 8.8(d).
76
decision, the award states that the ADDP order should be “modi- Star and Kelly (2021), p. 107; Dimeo and Møller (2018), p. 193;
fied” by striking out the erroneous section of the judgment that was Weston (2009), p. 49; Kambhampati and Star (2021), p. 234.
incorrectly copied from the facts of the Himanshu Kumar Chang case 77
Dasgupta (2019); See also, Star and Kelly (2022).
(Vishal Solanki vs National Anti-Doping Agency (NADA), Appeal 78
Star (2022).
No. 04.ADAP.2020, Award dated 15 July 2021).

13
The International Sports Law Journal (2023) 23:44–63 51

right is rarely exercised by Indian athletes. In fact, only 14 3.4 Education and inadvertent doping
athletes (of the 1206 ADRVs in India) have had their cases
heard by the CAS. All but one of these cases were appealed Education is a central focus to WADA’s anti-doping strat-
by WADA to the CAS. It has been previously argued that egy.85 It has been argued that the two most significant
‘the fact that only one Indian athlete has ever appealed their reasons for the high incidence of doping amongst Indian
case to the CAS may in itself be prima face evidence of athletes are lack of education, and inadvertent doping due
access to justice issues in the anti-doping dispute resolution to contamination.86 Athletes have a duty to make sure any
framework’.79 prohibited substances do not enter their system, and if they
Athletes are entitled to ‘a fair hearing within a reason- ultimately test positive for a prohibited substance, they will
able time’80 and under the International Standard of Results be strictly liable for an ADRV.87 However, there have been
Management (ISRM) strict timelines must be followed by numerous cases where athletes have ‘been advised by doc-
first-instance tribunals.81 Under all previous versions of tors or pharmacists to take a particular medicine for genuine
the NADA Rules, strict time limits were also provided. For ailment’.88 In addition, Indian athletes place a strong reliance
instance, under NADA Rules, 2015, Article 8 prescribed on the advice of coaching staff and support personnel.89 The
a 45-day time limit between the constitution of the panel risk of inadvertent doping is arguably higher in developing
and the hearing, and a 90-day time limit between the con- countries where lower literacy levels and standards of anti-
stitution of the panel and the written decisions. However, doping education exist, as well as cultural issues where a
such time limits are often not followed, and athletes have strong reliance on medical professionals and coaches pre-
regularly complained of significant delay in the results man- vails. In any event, studies have shown that “[t]he absence
agement process, including the hearing process, in India.82 of knowledge about the possible dangers of nutritional sup-
For instance, in NADA v Anil Kumar (2012), more than plements might lead to unintentional doping cases.”90 As
1000 days passed between the athlete being tested to a first- such, it has been suggested that education of athletes and
instance decision of the ADDP.83 In this case, the athlete’s support personnel need to be scaled up in India, including
sample was collected at a selection trial for the World Cup at grass roots levels where doping in sport is allegedly a
Kabaddi 2010 on 20 March 2010, where a banned substance serious problem.91
was found in his system, and the first-instance panel ulti- Since 2016, NADA has worked closely with the Sports
mately made a decision on 27 December 2012.84 Curiously, Authority of India (SAI) and national sport federations to
the athlete was notified of the result of their B sample analy- increase anti-doping education and awareness programmes.
sis on 14 May 2010 and was only notified of the constitution However, Anish Dayal, a senior barrister in India who has
of the panel on 30 November 2012 (two and a half years represented numerous athletes in doping disputes, notes that
later). There is no justification given for this significant delay ‘current efforts are inadequate’ and that ‘any anti-doping
in the decision of the ADDP. initiative should aggressively focus not only on detection
To properly assess whether any systemic issues exist in but also on education and awareness. Athletes, support staff,
terms of the timeliness of the results management system federations, sports medical personnel must be equipped with
in India, a thorough empirical study should be completed. well-conceived literature, consultation and workshops’.92
What is clear, however, is that these extended (unexplained) A survey of elite athletes in India published in 2022
delays are not acceptable, both under the Code and NADA showed that of the 181 athletes surveyed, only 38.1% had
Rules. attended anti-doping education sessions hosted by NADA or
their federation in their institute or training camp. Overall,
67.4% of the athletes were aware about NADA or WADA,
and 53.6% were aware of suspensions for anti-doping rule
79
Star and Kelly (2021). violations.93 There was a significant increase in awareness of
80
WADA Code (2021), Article 8.
81
Kambhampati and Star (2021), p. 234.
82
Amar Muralidharan v. Indian National Anti-Doping Agency of 85
India, Indian National Dope Testing Laboratory, Ministry of Youth Woolf (2020).
86
Affairs and Sports (CAS 2014/A/3639), award of 8 April 2015; Dayal (2018).
World Anti-Doping Agency v. Amit and National Anti-Doping 87
WADA Code (2021), Article 2.1.1.
Agency of India (CAS 2014/A/3869), award of 23 November 2015, 88
Dayal (2019).
para 63; World Anti-Doping Agency v. Nirupama Devi Laishram and 89
The Economic Times (6 July 2011).
National Anti-Doping Agency of India (CAS 2012/A/2979), award of 90
8 November 2013, paras 119–120. Gatterer et al. (2020), p. 230; Backhouse et al. (2014).
91
83
NADA v. Anil Kumar (Case No. 43.ADDP.01.2012), award of 17 Dayal (2018).
92
December 2012. Ibid.
84 93
Ibid. Krishnan et al. (2022).

13
52 The International Sports Law Journal (2023) 23:44–63

the risks and consequences of doping reported by those who delay.97 In a writ petition filed by Dharam Raj Yadav, the
attended these sessions, compared to those who had not.94 athlete alleged that despite the applicable law requiring ‘to
The results of this study reflect the arguments by commen- send all the relevant documentation and samples to the Sam-
tators suggesting that there is significant room for improve- ple Collection Authority “as soon as practicable” after the
ment with respect to anti-doping education in India.95 completion of the sample collection session’, there was a
delay of more than 4 months between sample collection and
3.5 Summary the date of testing the athlete’s A sample.98 The athlete tested
positive for a prohibited substance and the ADDP deter-
The large amount of ADRVs and a high percentage of AAFs mined a period of ineligibility of 4 years. WADA ordered
represent a significant challenge for Indian institutions which a re-analysis of the sample in another WADA-accredited
promote clean sport. In addition, current challenges in ensur- laboratory which returned a negative result. As such, the
ing uniformity and accuracy in anti-doping procedure are period of ineligibility was lifted almost 1 year after the start
important in protecting athletes and promoting the legiti- of the suspension.
macy of anti-doping institutions in India. The following sec- The athlete also alleged that he was denied access to jus-
tion sets out recent case studies that highlight key hurdles tice because of the onerous provisions of the NADA Rules
existing in the anti-doping framework in India. Ensuring requiring a significant payment to be made in order to obtain
that best practice standards in anti-doping are implemented NDTL’s laboratory report on the athlete’s sample. Without
domestically is not only in India’s interest, but the consistent access to ‘the Laboratory documentation package of their
implementation of the Code could also enhance the legiti- sample [the athlete is] effectively denied the opportunity
macy of the global anti-doping system. Shortcomings with to adequately contest the anti-doping rule violation’.99 It
respect to testing, procedural irregularities and education are was argued that many athletes would be unable to afford the
not uncommon in India,96 and a review of recent case studies lab report and that this requirement of payment therefore
highlights the implications of these inadequacies in practice. ‘militates against the principle of equality enshrined under
Article 14 of the Constitution of India’.100 Yadav argued that
the ability to obtain copies of the laboratory documentation
4 Case studies package is a crucial part of his fundamental right to know
that the laboratory has strictly observed the mandatory safe-
To illustrate the significance of the challenges that exist in guards prescribed under the applicable rules. He argued that
the anti-doping system in developing nations such as India, he was denied his right to a fair trial and not afforded due
this section explores two case studies. First, the case of process, alleging that:
Dharam Raj Yadav highlights the impact of mistakes in the
An important facet of the right to a fair trial includes
results management process, as well as the access to justice
informing the accused of the accusations against him
obstacles of athletes when faced with an ADRV. Second, the
in advance. This is done by supplying him with the
case of Amar Muralidharan explores criticisms of delay and
copies of all the evidence against him. The evidence
procedural fairness in anti-doping disputes in India.
must be supplied to him free of cost.101
4.1 Case 1: False positives and access to justice—
Indian athletes take NADA to court
97
Dharam Raj Yadav v. NADA & Ors, Civil Writ Petition No. 8636
Inaccurate testing results can lead to significant conse- of 2020; Abhijeet Gurav v. NADA & Ors, Civil Writ Petition No. 616
quences to athletes, especially if a false positive is returned of 2020; Kiran DevidasSanas v. NADA & Ors., Civil Writ Petition
and athletes are erroneously suspended from their sport. No. 1165 of 2020; Sachin Betkar v. NADA & Ors., Civil Writ Peti-
tion No. 1216 of 2020; Suresh Pai v. Union of India & Ors., Civil
A number of writ petitions have been filed in the Delhi
Writ Petition No. 1376 of 2020. It should be noted that injunctions
High Court alleging that the results management process have been ordered by the High Court, where required, and full sub-
violated the applicable law and the Indian Constitution as it stantive judgments are still awaited. For instance, in Abhijeet Gurav
involves significant access to justice issues and unreasonable v. NADA & Ors, Civil Writ Petition No. 616 of 2020, the High Court
has heard appearances from counsel 24 times since the initial hearing
on 17 January 2020 until 16 February 2022. A final determination is
still pending.
98
Dharam Raj Yadav v. NADA & Ors, Civil Writ Petition No. 8636
of 2020.
94
Ibid. 99
Ibid.
95
Ibid. 100
Ibid.
96 101
Kambhampati and Star (2021). Ibid, para 18.

13
The International Sports Law Journal (2023) 23:44–63 53

Yadav was suspended for 1 year, until a re-analysis of the NADA Rules.107 Muralidharan claimed that procedural
the sample showed that the testing authorities had made a irregularities existed in the results management process,
mistake. He was unable to compete during this period, thus including an alleged breach in the chain of custody and
highlighting the significant impact that substantive and pro- unusually long transportation time.108 Despite these allega-
cedural errors can have on an athlete’s career. tions, the ADDP and ADAP both determined that the athlete
Access to justice issues remain under the revised NADA should be suspended for 2 years.
Rules102 as an athlete is required to pay a fee for procurement The delays in the results management process are sum-
of the laboratory documentation package, and an athlete typ- marised in the CAS award, which notes that:
ically requires an (often expensive) expert to interpret such
… the provisions of Articles 8.3 and 13.6.8 of the
documentation. Without access to the laboratory reports,
NADA ADR (as well as Article 8.1 of the WADA Code)
and experts who can interpret them, an athlete places all
have not been complied with by the NADA. The Appel-
of their trust in the legitimacy and accuracy of the system.
lant was notified of the anti-doping rule violation on
In Dharam Raj Yadav’s case, as was the case for the other
20 September 2010. The Appellant was then heard for
petitioners, this trust was misplaced.
the first time two years later on 21 September 2012.
Scholars have argued that under the current anti-doping
Moreover, following a series of other delays in the
system it is ‘almost impossible’ for athletes to prove that
issuance of the award following the ADDP Decision,
they have not committed an ADRV.103 This is particularly
the Appellant’s appeal was heard on 13 March 2014
true where an athlete alleges that a false positive test has
– more than four months after receiving the complete
occurred since ‘evidence must be shown that the test proce-
ADDP Decision and more than 13 months after the
dure results are unreliable and that false positives occur’ and
required deadline under the NADA ADR. This means,
the ‘threshold for this is high’.104 Under the Code, the burden
the Respondents undisputedly violated the Appellant’s
is on the athlete to establish, by a balance of probability,
right to a procedure in line with the timing require-
that there has been a departure from the ISL that could have
ments described above.109
reasonably caused the AAF.105 Given the difficulties encoun-
tered by athletes in terms of access to laboratory reports, as While the arbitrator held that ‘NADA showed an alarm-
well as experts to interpret those reports, and legal counsel ing inability to effectively, timely, and appropriately handle
to argue them before a tribunal, this threshold would appear the Appellant’s case’,110 Muralidharan’s suspension was
to be out of reach for most athletes. If we accept that false ultimately upheld.
positive tests do occur, and that access to justice issues exist While this case study is perhaps an example of unusually
in certain jurisdictions, this creates a significant issue for prolonged procedural delay, it highlights the need for fast
athletes who are wrongly accused of doping.106 This under- and effective decision-making procedures at a domestic level
scores the need for compliance with respect to testing proce- in India, which is unfortunately not always the case in anti-
dures, as well as due process rights, without which the quest doping disputes. Upholding minimum procedural safeguards
for harmonisation falls short. afforded to athletes is critical regardless of the cultural vari-
ations or resource constraints of a particular jurisdiction.
4.2 Case 2: excessive delays and procedural These case studies illustrate how shortcomings in a
fairness: Amar Muralidharan’s case NADO’s implementation of the Code exist in an Indian con-
text, and how they directly impact athletes. While these case
Despite express provisions in the Code and NADA Rules, studies highlight the fact shortcomings exist with respect
NADA and the ADDP have been criticised for unjustified to testing, access to justice issues and delay, empirical
delays, which undermine the procedural rights of athletes. research is required to analyse whether these are systemic
In the only appeal by an Indian athlete to the CAS, issues issues which disproportionately impact athletes from devel-
of undue delay were raised by Indian swimmer, Amar oping countries, including India. The following section will
Muralidharan. In this case, CAS criticised NADA for not
complying with the minimum procedural guarantees under

102
See NADA Rules (2021), Comment to Article 7.2. 107
Amar Muralidharan v. Indian National Anti-Doping Agency
103
Moston and Engelberg (2019), p. 261. (NADA), Indian National Dope Testing Laboratory, Ministry of
104
International Association of Athletics Federation (IAAF) v. Eddy Youth Affairs and Sports (CAS 2014/A/3639), award of 8 April 2015,
Hellebuyck, Arbitration CAS 2005/A/831, award of 5 May 2006, para para 88.
108
21. Ibid, para 18.
105 109
WADA Code (2021), Comment to Article 3.2.2. Ibid, para 88.
106 110
Pielke Jr. and Boye (2019). Ibid, para 91.

13
54 The International Sports Law Journal (2023) 23:44–63

explore some of these issues in more detail and discusses in testing procedures are cause for concern for anti-doping
possible areas of reform. efforts in India, and globally.
Under the current framework, the consequences for non-
compliance with testing standards are a suspension or revo-
5 Need for reform cation of that laboratory’s accreditation.114 While NDTL’s
suspension in India was clearly justified, it has the poten-
NADA sets out its ‘primary functions’ as: (1) implementing tial to cause broader impacts on the implementation of the
the Code to achieve compliance by all Indian sports organi- Code in India. As a consequence of WADA’s suspension of
sations, (2) coordinating dope testing programmes, (3) pro- NDTL’s accreditation, all samples of Indian athletes were
moting research and education on anti-doping to inculcate sent to overseas testing laboratories, which was an additional
the value of dope free sports, and (4) adopting best practice cost to NADA.115 NADA has a limited annual budget, and
standards and quality systems to enable effective implemen- as a result of the increased cost for sample analysis, there
tation and continual improvement of the anti-doping pro- was likely to be fewer athletes tested, that too in an Olym-
gramme.111 NADA has fallen short in the implementation pic year.116 However, the cost of NDTL and NADA mak-
of these functions. ing mistakes is much higher. The system cannot afford false
While similar shortcomings may exist in other develop- positives as this has the potential to ruin an athlete’s career,
ing countries, the sheer number of ADRVs in India, and and it undermines the legitimacy and trust in the anti-doping
the systemic challenges faced by the anti-doping institutions system.
mean that reform is necessary and urgent. However, while It has previously been argued that if non-compliance with
WADA promotes harmonisation of anti-doping systems by the Code or testing standards is due to a lack of resources in
NADOs, it needs to be acknowledged that implementation a particular country, more focus should be on capacity build-
of a domestic anti-doping system requires considerable ing of institutions, rather than sanctions.117 While significant
resources. Developing countries are likely to face resource investment may be required for building capacity, there may
constraints more than developed countries with respect also be other means. For instance, Müller suggests that an
to the anti-doping reforms required to meet best practice institutionalised mentoring programme be implemented
standards.112 requiring NADOs to ‘cooperate with one or two other
From India’s perspective, there is significant scope for NADOs to facilitate exchange programs and external audits
further reform in the areas of anti-doping education, mitiga- … to enhance quality and harmonisation’.118 While NADA
tion of risks of inadvertent doping (especially with respect signed a 2-year memorandum of understanding alongside
to supplement consumption), adopting best practice stand- the Australian Anti-Doping Agency (ASADA) and WADA
ards with respect to procedural fairness norms and testing to ‘ensure India implements a more effective anti-doping
procedures, as well as potential legislative and institutional program that is fully compliant with the [Code]’,119 there is
reform. This section identifies areas of potential reform to scope for deeper collaboration with other NADOs to share
India’s anti-doping system. knowledge and promote best practice in the results manage-
ment process. In any event, it would be prudent for the Min-
5.1 Testing istry to invest in NDTL to ensure that it can further upgrade
its equipment as well as build capacity through investing
From the perspective of harmonisation, compliance with in staffing requirements, to guarantee compliance with
testing standards is critical. Given the importance of con- WADA’s testing standards.120 To this end, WADA needs to
sistency in testing across countries for the legitimacy of
the system, it is not uncommon for WADA to suspend the
accreditation of laboratories for non-compliance with its 114
See, International Standard for Laboratories, Article 4.6.4.1 (Sus-
testing standards. For instance, in 2010 WADA suspended pension of Accreditation and Analytical Testing Restriction); Article
Malaysia’s laboratory for non-compliance with testing stand- 4.6.4.2 (Noncompliances with the ISL); Article 4.6.4.3 (Revocation
of Accreditation).
ards, including for false positive AAFs.113 NDTL’s failures
115
It is estimated that ‘NDTL [charges] $250. When sent abroad, the
price per sample goes up to $350, excluding the transportation costs’:
Vasavda (2020b).
116
PTI (23 August 2019); Vasavda (2020b).
117
111
NADA (2021). Gray (2019); Houlihan (2013).
118
112
Gray (2019); Houlihan (2013). Müller (2017), p. 186.
119
113
WADA (2010); Doping Control Centre, Universiti Sains Malay- WADA (2016a).
120
sia v. World Anti-Doping Agency (WADA), Arbitration CAS Similarly, the Ministry should increase its investment in capacity
2010/A/2162, award of 15 June 2011; Pielke Jr. and Boye (2019). building and case management with respect to the ADDP and ADAP.

13
The International Sports Law Journal (2023) 23:44–63 55

continue implementing its top-down approach to not only WADA can hold NADOs accountable for non-compliance
sanction laboratories who fail to meet standards, but also with the Code and ISRM.128 The ISCCS sets out several sup-
build capacity and accountability mechanisms to ensure con- port mechanisms for NADOs to maintain compliance with
tinued compliance and uniform best practices in testing in obligations under the Code, including “providing advice and
all laboratories, in all circumstances. information, by developing resources, guidelines, training
materials, and training programs, and by facilitating part-
5.2 Compliance with procedural standards nerships with other Anti-Doping Organizations where pos-
sible”.129 However, there are processes set out under the
WADA and NADOs can do more to ensure compliance with ISCCS for confirming non-compliance and imposing con-
procedural guarantees in the results management process.121 sequences on NADOs and other signatories to the Code.130
NADA and India’s anti-doping panels have been criticised While there is still scope for a comprehensive empirical
for their lack of procedural compliance previously.122 NADA study on the timeliness of Indian anti-doping disputes, it is
should ensure compliance with the procedural safeguards clear that numerous hearing procedures have exceeded this
now enshrined under the ISRM and Article 8 of the Code. timeline.131 As such, NADA and the ADDP will need to
In addition, there are various procedural reforms that other adopt strict measures to ensure that the results management
jurisdictions have implemented to promote procedural fair- process, including hearings, are conducted within these strict
ness of athletes which NADA and the Government of India time limits. This will require stricter scheduling of each
could consider. stage of the results management process, including sample
From the perspective of timeliness, it is clear that cases analysis and hearings. This may involve India’s domestic
where 1000 days pass between the athlete being tested to panels collaborating with anti-doping tribunals abroad to
a first-instance decision being reached are unacceptable.123 understand and emulate best practice standards in case man-
Indeed, the ISRM now prescribes timeliness as a guiding agement. The use of technology may improve efficiency in
principle, whereby: the hearing process, as it has in other jurisdictions where
telephone and video hearings are common.132 In New Zea-
In the interest of fair and effective sport justice, anti-
land, for example, telephone hearings have been driven by
doping rule violations should be prosecuted in a timely
‘logistical difficulties in arranging urgent hearings involv-
manner. … Anti-Doping Organizations should be able
ing parties from around New Zealand and the considerable
to conclude Results Management (including the Hear-
cost savings for all parties and, in particular, athletes’.133 If
ing Process at first instance) within six (6) months
WADA were to push for compliance under the ISRM with
from the notification [of the ADRV to the athlete].124
respect to these time limits (and if there were consequences
In addition, the hearing process at first instance should for systemic non-compliance), this may encourage first-
take no longer than 2 months.125 Under the Code and cor- instance panels and NADOs to ensure compliance.
responding International Standards, WADA is required to Various jurisdictions have acknowledged the difficulties
monitor NADOs efforts in implementing and complying faced by athletes in finding affordable legal counsel and
with the applicable rules and regulations126 and there are
mechanisms in place that allow WADA to hold NADOs
accountable. For instance, under the ISRM, NADOs may
face consequences if there are severe or systemic failures 128
The strict minimum procedural standards under the WADA Code
to comply with the mandatory timeliness requirements.127
and ISRM are identified as a high priority to anti-doping procedures
This is consistent with the International Standard for Code as set out in ISCCS, Annex A, A.1.2(l).
Compliance by Signatories (ISCCS) which provides that 129
ISCCS, Article 7.1.
130
ISCCS, Article 10. See also WADA Code (2021), Article 24.1.
The possible consequences that may be imposed on NADOs for vio-
121
Star and Kelly (2021). lating the procedural fairness provisions (and others) enshrined in
122
Amar Muralidharan v. Indian National Anti-Doping Agency of the WADA Code and International Standards are set out in Article
India, Indian National Dope Testing Laboratory, Ministry of Youth 24.1.12 of the WADA Code (2021).
131
Affairs and Sports (CAS 2014/A/3639), award of 8 April 2015. See, e.g., Amar Muralidharan v. Indian National Anti-Doping
123
NADA v. Anil Kumar (Case No. 43.ADDP.01.2012), award of 17 Agency of India, Indian National Dope Testing Laboratory, Ministry
December 2012. of Youth Affairs and Sports (CAS 2014/A/3639), award of 8 April
124 2015; NADA v. Anil Kumar (Case No. 43.ADDP.01.2012), award of
ISRM (2021), Article 4.2.
17 December 2012. See, also, Star and Kelly (2022).
125
ISRM (2021), Article 8.8.(c). 132
Note that while video hearings before the ADDP have been con-
126
See WADA Code (2021), Article 20.7.2; International Standard ducted during the COVID-19 pandemic in India, these were not com-
for Code Compliance by Signatories (ISCCS), Article 8. monplace earlier.
127
See ISRM, Comment to Article 4.2. 133
David (2016), p. 141.

13
56 The International Sports Law Journal (2023) 23:44–63

have established pro-bono counsel lists.134 Athletes can All three factors envisaged by Gray are represented in the
also apply for legal aid before the CAS.135 For first-instance procedural shortcomings of anti-doping disputes in India.
hearings, the ISRM suggest that ‘the Results Management First, WADA’s top-down approach places a heavy reliance
Authority and/or the relevant hearing panel should consider on domestic bodies for implementation of procedure, as
establishing a legal aid mechanism in order to ensure such sanctions and accreditations are typically limited to test-
access’.136 To date, no such legal aid mechanism exists in ing, rather than procedural defects. Greater oversight and
India. As a consequence, many athletes are unrepresented at accountability to WADA may be necessary for jurisdictions
first instance. In addition, the cost of requesting analytical who display systemic procedural difficulties in protecting the
laboratory reports, and engaging expert witnesses is prohibi- due process rights of athletes. The procedural shortcomings
tively expensive for athletes in India. in anti-doping in India may also be a reflection of resource
Some commentators have argued that an overhaul of the constraints of NADA and the domestic tribunals. Institutions
entire sports dispute resolution process in India is required, in developing countries will invariably receive less funding
noting that ‘it is the need of the hour to have an independ- from their national governments, and this remains one of
ent and separate institution for sports which is flexible and the biggest challenges in uniformity in doping procedure.
delivers quick and inexpensive resolution of sporting dis- Greater funding may be required to implement capacity
putes’.137 This approach has been successful in several other building and training programmes, case management poli-
jurisdictions.138 A National Sports Development Bill in 2013 cies and procedures, and other institutional reforms. Perhaps
proposed the creation of an Appellate Sports Tribunal. How- WADA can facilitate funding to jurisdictions who require
ever, this Bill was not adopted by the Indian Parliament, further institutional investment and promote reform through
which illustrates that there has been a lack of political will in its Regional Anti-Doping Organization (RADO) Program,142
the legislature to overhaul sports dispute resolution in India. in regions of particular concern (such as, for example, South
Conversely, other countries have adopted necessary reforms Asia and Africa). Finally, systemic delays and access to jus-
to their sports dispute resolution system.139 tice issues may be a reflection of cultural nuances in India
Regardless of the inertia with respect to policy reform, as where civil and criminal litigation is notoriously slow and
has been suggested previously,140 policymakers and scholars access to justice issues are widespread.143 Given the vision
should conduct further empirical research to understand the of harmonisation in anti-doping, WADA should work with
extent that NADA and the ADDP have complied with the countries such as India where such entrenched cultural legal
procedural guarantees and time limits prescribed under the processes exist to ensure that anti-doping procedures are an
NADA Rules and the Code.141 If empirical evidence shows exception to these systemic domestic challenges, ensuring
that systemic issues exist in terms of timeliness and access all athletes are afforded minimum protections when alleged
to justice, this may be a catalyst for reform. of an anti-doping rule violation.

5.3 Education and inadvertent doping

134
For instance, National Sports Tribunal (Australia), Legal Assis- 5.3.1 Education programmes
tance Panel, https://​www.​natio​nalsp​ortst​ribun​al.​gov.​au/​dispu​te-​resol​
ution-​servi​ces#​nst-​legal-​assis​tance-​panel-​nstlap; Sports Resolutions
UK, http://​www.​sport​resol​utions.​co.​uk/​servi​ces/​pro-​bono-​legal-​
WADA’s Director of Education noted that ‘helping those
advice; Sports Tribunal of New Zealand, http://​www.​sport​strib​unal.​ bound by anti-doping rules to understand them; as well as,
org.​nz/​rules-​and-​proce​dures/​legal/. their rights and responsibilities is something WADA and our
135
CAS (2020). stakeholders must continue to commit to’.144 To this end,
136
ISRM (2021), Comment to Article 8.8(b). NADA has launched education programmes in India where
137
Singhania and Kothari (2021). various anti-doping workshops have been conducted in asso-
138
Including in the UK (Sport Resolutions provide independent dis- ciation with sports organisations and at colleges and univer-
pute resolution in sport, including in anti-doping matters under the sities.145 NADA has also translated anti-doping education
National Anti-Doping Panel); in New Zealand (the Sports Tribunal of
New Zealand); in Canada (the Sport Dispute Resolution Centre); in
Australia (National Sports Tribunal).
139
For instance, Star and Kelly (2021), noting that ‘… New Zea- 142
land’s Sports Anti-Doping Rules have been amended every year According to WADA, the objectives of the RADO program are (i)
over the past decade,’ and that ‘Australia’s National Sports Tribunal sustainability and accountability; (ii) capacity building; (iii) compli-
in March 2020 has drawn on the policies and experiences of dispute ance and program development; (iv) relations and engagement. See
resolution frameworks in other developed countries such as Canada, https://​www.​wada-​ama.​org/​en/​rado-​progr​am.
143
New Zealand and the United Kingdom.’ Krishnan et al. (2014), Rehn et al. (2011).
140 144
Star and Kelly (2021). WADA (2019c).
141 145
See, e.g., Star and Kelly (2022). Press Information Bureau (2016).

13
The International Sports Law Journal (2023) 23:44–63 57

material into 14 local languages so that athletes from across school and university students. Collaborating with education
the country can understand it. Despite these initiatives from institutions (including the compulsory physical education
NADA, commentators remain critical of NADA’s educa- classes in Indian schools),153 and grass roots sport institutes
tion programmes given the lack of awareness among athletes and academies may also enhance the reach of anti-doping
on the risks of prohibited substances and their rights and education.154
responsibilities under the NADA Rules.146 Consistent with The challenge of ensuring adequate anti-doping educa-
Gray’s (2019) framework, it is important to acknowledge tion is not unique to India—NADOs across the world should
that many NADOs ‘lack both human and financial resources, take measures to ensure that all athletes who are subject to
meaning that the priority is placed on the day-to-day admin- dope testing understand the risks of doping and are aware of
istrative management rather than developing a wide-scale their rights and responsibilities under the Code. To ensure
education programme’.147 However, if all athletes are to be a comprehensive and effective education programme is in
held to such high standards as are prescribed under the Code, place, it is critical to promote collaboration with key stake-
then all athletes have the right to be effectively educated holders, especially national federations, who have regular
about their rights and responsibilities under the Code. contact with their athletes.155 While acknowledging that
India still consistently ranks amongst the worst countries some federations have limited financial resources to imple-
with respect to ADRVs. While a proportion of these viola- ment education programmes (especially in developing coun-
tions are likely to have been a result of intentional use, many tries),156 there is still scope for stronger collaboration with
may have resulted from misjudgements or lack of awareness national federations in India to ensure that younger athletes,
of the risks of supplements and medicines used by athletes. parents and support personnel are being educated at different
Better education and awareness programmes are likely to stages of athlete development.157 Engaging with federations
reduce the incidence of doping in India. is not just a question of reaching more athletes (scale), it has
Under the International Standard for Education, 2021 also been argued that increased support from federations
(ISE), NADOs are expected to ensure that athletes demon- may result in “more education opportunities and increased
strate competencies and skills “at each stage of their develop- engagement and enthusiasm” around engaging with the
ment”.148 Education programmes should be targeted towards subject matter presented by NADOs.158 In India, however,
athletes, support staff and coaches, sports administrators, as there has not historically been a strong culture of education
well as parents (in the context of minors) from grassroots for athletes regarding the harmful effects of doping and the
to elite level. Studies suggest that “prevention programs are risks associated with doping regarding their sporting careers.
most effective when targeted at children and adolescents This is especially true of athletes who have not competed at
because attitudes and values are being formed during these an international level. While NADA has initiated education
stages of life.”149 Accordingly, consistent with the ISE, programmes in India, there is still scope for improvement
NADOs should identify target groups for their education with respect to the promotion of anti-doping education to
programme,150 and such groups may include categories of inculcate the value of dope free sports.
young or adolescent athletes. For instance, WADA recom-
mends that such target groups for anti-doping education may 5.3.2 Inadvertent doping: contamination of supplements
include emerging national-level athletes, younger athletes
who are part of development teams or talent programmes, The issue of inadvertent doping is often a symptom of both
student-athletes in university sport and competitions, school poor education and lack of institutional or regulatory reform.
children and even participants in recreational programs.151 There have been several anti-doping cases before the CAS
With the establishment of the Khelo India School Games in
2018 and the Khelo India University Games in 2020,152 this
may be an opportunity to promote anti-doping education to 153
Ministry of Education (2019) Several steps have been taken by
the Government to impart health and physical education to students
across the country : HRD Minister. 5 December 2019. https://​pib.​gov.​
in/​Press​Relea​sePage.​aspx?​PRID=​15951​37#:​~:​text=​CBSE%​20has%​
146 20made%​ 2 0Hea​ l th%​ 2 0and​ , class​ e s%​ 2 0I%​ 2 DXII%​ 2 0each%​ 2 0day.
Dayal (2018).
147
Cléret (2011), p. 276. Accessed 8 March 2022.
154
148
ISE, Article 5.4, For example, Pöppel (2021) notes that “there is an effort to inte-
149 grate anti-doping education into the German curricula in cooperation
Gatterer et al. (2020), p. 230. See also, Pöppel (2021).
150
with the national anti-doping agency”, citing Klüttermann (2019).
ISE, Article 4.2.2. 155
151 Gray (2019).
WADA (2020c). 156
152 Winand (2015); Gatterer et al. (2020).
Ministry of Youth Affairs and Sports, Government of India, 157
Khelo India University Games. https://​unive​rsity​games.​khelo​india.​ See e.g., WADA (2020c).
158
gov.​in/. Accessed 8 March 2022. Gatterer et al. (2020), p. 235.

13
58 The International Sports Law Journal (2023) 23:44–63

where athletes have claimed inadvertent doping due to use tion of nutritional supplements including information
of medicines or dietary supplements wherein the athlete had regarding their analytical composition and quality
no knowledge that the substance they consumed was banned, assurance.165
or it was contaminated.159
It is also now responsible for “establishing standards for
The use of dietary supplements by athletes is not uncom-
the manufacturing of nutritional supplements for sport in
mon, and there is a risk that such supplements may be
India.”166 Whether these orders (and the proposed addi-
contaminated with a prohibited substance, resulting in
tional responsibilities of NADA) have been implemented
inadvertent doping.160 Due to several high-profile doping
in practice remains to be seen. While in other jurisdictions,
cases involving contaminated food supplements, the Indian
athletes have taken legal action against supplement com-
Government explored ways in which athletes can consume
panies for contamination resulting in an ADRV,167 no such
nutritional supplements in a safe manner. In 2017, India’s
cases have been reported in India. In any event, education
Minister of Youth Affairs and Sports stated that:
and awareness of the potential risks of consuming supple-
Tackling the causes of doping is a priority for the min- ments is paramount because under the Code, athletes may
istry. The import and sale of sub-standard and dope- still face sanctions even if they can prove that the source
laced nutritional supplements is a cause of worry as of the prohibited substance is a contaminated supplement.
unsuspecting athletes get banned under the Anti-Dop- Since arguments that high levels of inadvertent doping exist
ing Code because of use of these supplements.161 in India are to date mostly anecdotal, it is also recommended
that evidence-based research is conducted to understand the
The Ministry of Youth Affairs and Sports encouraged
proportion of athletes in India found to have committed an
NADA and the Food Safety and Standards Authority of
ADRV who claim to have doped inadvertently or acciden-
India (FSSAI) to cooperate in making nutritional supple-
tally. If the results of such empirical research are consistent
ments safe for all consumers, especially athletes. The FSSAI
with the several high-profile cases involving contamination
passed an order in 2017 clarifying that it is the responsibility
of supplements and inadvertent doping, this may indeed
of food business operators and manufacturers to ensure that
point to more systemic issues requiring significant reform
health supplements do not contain any banned substances
to domestic anti-doping policies, especially in the field of
listed under the Code.162 Action may be taken against food
education.
business operators who include banned substances in their
products, especially if such substances are not contained on
5.4 Legislative reform
the label of the product.163 The order encourages companies
to seek clarifications from NADA and to ensure thorough
While the NADA Rules are typically updated to align with
testing of products before sale.164 The rationale of creating
the amended version of the Code,168 there has been some
stricter standards for supplement manufacturers is that this
discussion about the need for legislative reform of the anti-
would reduce the chances of contamination, thereby reduc-
doping framework in India. Recently, the National Anti-
ing the risk of accidental ingestion.
Doping Bill (2021), was tabled in Indian Parliament (Lok
In addition, under the proposed National Anti-Doping
Sabha).169 The Bill aims to create a framework for institu-
Bill, 2021, NADA has the responsibility to:
tional reform in anti-doping in India and proposes to stream-
coordinate and collaborate with concerned authori- line anti-doping authorities to encourage institutional and
ties and stakeholders in matters relating to establish- operational independence of anti-doping disputes.
ment of best practices in the marketing and distribu- If enacted, the Bill would establish a National Board
for Anti-Doping in Sports (the Board) and a new National
159
See e.g., Flavia Oliveira v. United States Anti-Doping Anti-Doping Agency. The Bill proposes to give NADA addi-
Agency (USADA), award of 6 December 2010, Arbitration CAS tional powers, including the power to undertake inspections
2010/A/2107; Arijan Ademi v. Union of European Football Associa-
tions, CAS 2016/A/4676. and search and seizure to determine any anti-doping rule
160
McArdle (2015). See also, Gatterer et al. (2020), Martinez-Sanz
et al. (2017).
161
The Times of India (30 June 2017).
162
Food Safety and Standards Authority of India, Order dated 9 May 165
2017, “Use of Performance Enhancing Drugs (PED) in Health Sup- The National Anti-Doping Bill (2021), Article 6(3)(j).
166
plements”, available at https://​archi​ve.​fssai.​gov.​in/​dam/​jcr:​1e78a​364-​ Ibid, Article 6(3)(j).
167
c216-​4715-​8b33-​b8852​069c7​75/​Order_​Perfo​r mance_​Enhan​cing_​ For example, US athletes Jessica Hardy and William Frullani, see
Drug_​08_​06_​2017.​pdf. A list of banned substances are annexed to Abrahamson (2009); Krolak (2015).
168
the FSSAI Order. See NADA Rules (2009), NADA Rules (2015), NADA Rules
163
Ibid. (2021).
169
164
Ibid. Hussain (2022).

13
The International Sports Law Journal (2023) 23:44–63 59

violations.170 Hearings with respect to ADRVs are to be 6 Conclusion

heard by the National Anti-Doping Disciplinary Panel171 and
decisions from this panel may be appealed to the National While a key goal of WADA is to strive for harmonisation in
Anti-Doping Appeal Panel.172 The Bill would make NADA the implementation of the anti-doping rules, the experience
and NDTL independent constitutional authorities, rather of anti-doping differs across countries. While there is a need
than under the control of the Ministry of Youth Affairs to afford national governments and NADOs some autonomy
and Sports.173 This is consistent with WADA’s ISL which in the implementation of the Code, the lack of harmonisa-
requires administrative and operational independence of lab- tion threatens the idea of creating a level playing field in
oratories to avoid potential conflicts of interest.174 It would anti-doping. This may in turn undermine the legitimacy of
also ensure compliance with the Code, which now requires the entire framework.
NADOs to be operationally independent.175 The India case study highlights the need to conduct a
It remains NADA’s responsibility to ensure that it con- deeper analysis with respect to how different countries
forms with the requirements under the Code and the inter- implement the Code, and how the Code impacts athletes
national standards.176 Under the Bill, the Board is respon- from different countries. Such empirical research may
sible for overseeing the activities of NADA, including with involve a content analysis of awards handed down by first-
respect to “ensuring compliance with the anti-doping rules instance tribunals, and through primary research which
and standards laid down by [WADA].”177 In addition, the engages with key stakeholders (such as athletes, arbitrators,
Board may call for information from the Disciplinary Panel and counsel) about their perceptions and experiences of the
and the Appeal Panel on its operations and issue directions anti-doping system. This research will enable scholars and
“for the effective and timely discharge of their functions” policy makers to ascertain whether the current framework
insofar as such directions are limited to “procedural effi- has established the harmonised, level playing field that it
ciency” without interfering with the decision-making pro- intends to create. Further empirical research may also high-
cess.178 Accordingly, the Bill provides the Board measures to light, as some commentators have suggested,179 that the
hold NADA and domestic panels accountable for upholding current framework disproportionately impacts athletes from
principles of procedural fairness enshrined in the Code and developing countries.
the ISRM. This reform is significant as it provides athletes While athletes are held to an extremely high standard
and legal counsel an avenue to report significant procedural under the Code—that of strict liability—the case studies
issues caused by NADA, or the domestic anti-doping pan- discussed in this paper highlight the risks of anti-doping
els. However, it is important that the Board monitors (and institutions not meeting the same high standards. As one
enforces) requirements such as timeliness and access to panel noted:
legal representation and holds these bodies accountable for
failures to meet any of the minimum procedural standards, … just as the athletes who are subject to the anti-dop-
and subsequently require procedural reform where severe or ing regime are expected to follow its rules and stand-
systemic procedural issues exist. ards to the letter, so they are entitled to expect that
those rules and standards will be strictly construed
and followed by the anti-doping authorities themselves
… Following the rules applicable to all stakeholders
is the best method of ensuring the integrity of sport.180
If anti-doping authorities do not meet the strict testing
standards, education requirements, and procedural guaran-
tees prescribed by the Code and International Standards, the
consequences can be significant for athletes, as well as the
170
The National Anti-Doping Bill (2021), Article 19(1)(a). In exer- perceptions of the legitimacy of the system.
cising the power of entry, search and seizure, anti-doping authorities
must comply with the provisions of the Code of Criminal Procedure,
1973.
171
Ibid, Article 21.
172
Ibid, Article 23.
173
Hussain (2020b).
174
ISL (2021), Article 4.4.2.4.
175
WADA Code (2021), Article 20.5.1. 179
176
Star and Kelly (2021); Dasgupta (2019).
The National Anti-Doping Bill (2021), Article 16(3)(e) 180
177
USADA v. Latasha Jenkins (2008), AAA No. 301900019907
Ibid, Article 10(3)(a) (American Arbitration Association, award dated 25 January 2008),
178
Ibid, Article 10(5). para 161.

13
60 The International Sports Law Journal (2023) 23:44–63

In India, the effect of high-profile institutional failures forward. However, WADA, NADA and other stakeholders
undermines the confidence that athletes and other stake- ought to strictly enforce the requirements under the Code
holders have in the system at large. WADA’s suspension of with respect to procedural safeguards (such as timeliness and
the NDTL, allegations of glaring substantive errors by first- access to counsel), testing and education. While resources
instance tribunals, highly publicised false positive and false are limited in some jurisdictions, no athletes should be left
negative tests, as well as legal challenges in High Courts on to suffer due to institutional errors or inadequacies.
issues of procedural fairness and access to justice, have all This paper has illustrated that some jurisdictions have
added to the spout of controversies faced by the anti-doping not only fallen below the “best practice” standards set by
institutions in India and globally. In addition, athletes rarely NADOs and panels in some developed countries but have
have recourse to institutions outside India, with only one also failed to meet the minimum standards required under
of more than 1200 athletes having appealed to the CAS in the Code (and corresponding International Standards). The
more than a decade. While there has been some discussion Indian perspective, thus, emphasises that there is in fact a
by policymakers on how to improve the situation—by intro- lack of harmonisation in implementing anti-doping rules and
ducing a the National Anti-Doping Bill (2021) and through procedures across countries. Yet, if harmonisation is a desir-
the regulation of supplements—there is plenty of scope for able goal—as WADA emphasises—the Indian case study
further reform to restore confidence in the system. highlights that the global anti-doping framework is still far
While improved education programmes are key across from reaching it.
all jurisdictions, there is a need for improved institutional
accountability across all facets of the process. WADA has
taken measures to ensure compliance with strict interna- Appendix
tional testing standards in India, and the NDTL and the Min-
istry need to ensure that such standards are improved moving See Fig. 1.

Figure 1  Total ADRVs from Anti-doping rule violations (2013-2018)

2013 to 2018 in Russia, Italy, 250
India, France and Belgium.
The data with respect to the
total number of ADRVs in each 200
country has been compiled
based on the annual ADRV
reports released by WADA. 150
See, WADA (2015); WADA
(2016b); WADA (2017);
WADA (2018); WADA (2019a); 100
WADA (2020a)
50

0
Russian Federation Italy India France Belgium
2018 144 132 107 114 65
2017 82 171 57 128 54
2016 69 147 69 86 73
2015 176 129 117 84 67
2014 148 123 96 91 91
2013 225 83 95 108 94

13
The International Sports Law Journal (2023) 23:44–63 61

Funding Open Access funding enabled and organized by CAUL and Dayal A (2019) Athletes and medication—duty of care. The Times
its Member Institutions. Not applicable. of India, 3 August. https://​times​ofind​ia.​india​times.​com/​blogs/​
toi-​edit-​page/​athle​tes-​and-​medic​ation-​duty-​of-​care/. Accessed
Availability of data and material Not applicable. 29 Sep 2021
de la Torre X, Jardines D, Curcio D, Colamonici C, Botrè F (2019)
Isotope ratio mass spectrometry in antidoping analysis: the use
Code availability Not applicable.
of endogenous reference compounds. Rapid Commun Mass Spec-
trom 33(6):579–586. https://​doi.​org/​10.​1002/​rcm.​8377
Declarations Dimeo P, Møller V (2018) The anti-doping crisis in sport: causes,
consequences, solutions. Routledge, New York
Conflict of interest Not applicable. Efverström A, Bäckström Å (2017) Different societies—different con-
ditions: lessons from anti-doping in elite sport on a global level.
In: International network for doping research, conference on dop-
Open Access This article is licensed under a Creative Commons Attri-
ing in sport, doping in society: lessons, themes, and connections.
bution 4.0 International License, which permits use, sharing, adapta-
https://​ph.​au.​dk/​filea​dmin/​user_​upload/​INDR_​2017_​Book_​of_​
tion, distribution and reproduction in any medium or format, as long
Abstr​acts.​pdf. Accessed 29 Sep 2021
as you give appropriate credit to the original author(s) and the source,
Gatterer K, Gumpenberger M, Overbye M, Streicher B, Schobersberger
provide a link to the Creative Commons licence, and indicate if changes
W, Blank C (2020) An evaluation of prevention initiatives by 53
were made. The images or other third party material in this article are
national anti-doping organizations: achievements and limitations.
included in the article's Creative Commons licence, unless indicated
J Sport Health Sci 9(3):228–239
otherwise in a credit line to the material. If material is not included in
Gray S (2019) Achieving compliance with the World Anti-Doping
the article's Creative Commons licence and your intended use is not
Code: learning from the implementation of another international
permitted by statutory regulation or exceeds the permitted use, you will
agreement. Int J Sport Policy Polit 11(2):247–260
need to obtain permission directly from the copyright holder. To view a
Hanstad DV, Skille EÅ, Loland S (2010) Harmonization of anti-doping
copy of this licence, visit http://​creat​iveco​mmons.​org/​licen​ses/​by/4.​0/.
work: myth or reality? Sport Soc 13(3):418–430. https://​doi.​org/​
10.​1080/​17430​43100​35880​36
Houlihan B (2013) Achieving compliance in international anti-doping
References policy: an analysis of the 2009 world anti-doping code. Sport
Manag Rev 17(3):265–276. https://​doi.​org/​10.​1016/j.​smr.​2013.​
10.​002
Abrahamson A (2009) Jessica Hardy, advocare file suit against each
Hussain S (2019) WADA had serious trust issues with NDTL’s testing
other. 30 January 2009, Swimming World Magazine. https://w ​ ww.​
procedures. 24 August 2019, Times of India. https://​times​ofind​ia.​
swimm​ingwo​rldma​gazine.​com/​news/​jessi​ca-​hardy-​advoc​are-​file-​
indiat​ imes.c​ om/s​ ports/m​ ore-s​ ports/o​ thers/w
​ ada-h​ ad-s​ eriou​ s-t​ rust-​
suit-​again​st-​each-​other/. Accessed 29 Sept 2021
issues-​with-​ndtls-​testi​ng-​proce​dures/​artic​leshow/​70813​844.​cms.
Backhouse SH, Collins C, Defoort Y, McNamee M, Parkinson A, Sauer
Accessed 29 Sep 2021
M (2014) Study on doping prevention: a map of legal, regulatory
Hussain S (2020a) NADA decriminalises doping offence by athletes.
and prevention practice provisions in EU 28. Publications Office,
29 August 2020a, The Times of India. https://​times​ofind​ia.​india​
Luxembourg
times.​com/​sports/​more-​sports/​nada-​decri​minal​ises-​doping-​offen​
Batt A (2011) The role of UK Anti-Doping in the fight against doping
ce-​by-​athle​tes/a​ rtic​leshow/​77813​929.c​ ms. Accessed 29 Sep 2021
in sport. Int J Sport Policy Polit 3(2):261–270. https://​doi.​org/​10.​
Hussain S (2020b) NADA, NDTL to become independent of govern-
1080/​19406​940.​2011.​577794
ment control. 16 December 2020b, The Times of India. https://​
CAS, (2020) Guidelines on legal aid before the Court of Arbitration for
times​ofind​ia.​india​times.​com/​sports/​more-​sports/​others/​nada-​
Sport. 1 November 2020. https://​www.​tas-​cas.​org/​en/​add/​legal-​
ndtl-​to-​become-​indep​endent-​of-​gover​nment-​contr​ol/​artic​leshow/​
aid.​html. Accessed 29 Sep 2021
79751​640.​cms. Accessed 29 Sep 2021
Cléret L (2011) The role of anti-doping education in delivering
Hussain S (2022) Anti-doping bill proposes to give 'full policing
WADA’s mission. Int J Sport Policy Polit 3(2):271–277. https://​
authority' to NADA officials. 8 January 2022, The Times of
doi.​org/​10.​1080/​19406​940.​2011.​577084
India. https://​times​ofind​ia.​india​times.​com/​sports/​more-​sports/​
Cyriac BB (2018) NADA claims quality of dope tests important, not
others/​a nti-​d oping-​b ill-​p ropo​s es-​t o-​g ive-​f ull-​p olic​i ng-​a utho​
quantity. 26 July 2018, The Times of India. https://​times​ofind​
rity-​to-​nada-​offic​ials/​artic​leshow/​88768​785.​cms. Accessed 10
ia.​india​times.​com/​sports/​more-​sports/​others/​nada-​claims-​quali​
Mar 2022.
ty-​of-​dope-​tests-​impor ​tant-​not-​quant​ity/​artic​leshow/​65144​573.​
Kambhampati A, Star S (2021) Playing true? A critique of the
cms. Accessed 21 Feb 2022
2021 WADA code. Int Sports Law J. https://​doi.​org/​10.​1007/​
Das I (2021) In a first, DNA test clears Indian motorbike rider of dop-
s40318-​021-​00193-z
ing taint. 4 June 2021. The New Indian Express. https://​www.​
Klüttermann S (2019). Vorstoß von Ländern und Nada: Doping-
newin​diane​xpress.​com/​sport/​other/​2021/​jun/​04/​in-a-​first-​dna-​
Prävention soll Schulstoff werden [Advance by Federal States
test-​clears-​indian-​motor​bike-​rider-​of-​doping-​taint-​23117​33.​html.
and Nada: Doping Prevention to be Taught in Schools]. https://​
Accessed 29 Sep 2021
rp-​online.​de/​sport/​andere/​sport​minis​terko​nfere​nz-​2019-​doping-​
Dasgupta L (2019) The World Anti-Doping Code: fit for purpose?
praev​ention-​soll-​schul​stoff-​werden_​aid-​47015​209. Accessed 8
Routledge, London
Mar 2022
David P (2016) Hearing anti-doping cases in New Zealand. In: Haas
Kothari A, Mehrotra A (2019) Why the National Dope Testing Labo-
U, Healey D (eds) Doping in sport and the law. Hart Publishing,
ratory (New Delhi) has been suspended by WADA and what it
Oxford, pp 127–146
means for Indian sport. 8 October 2019, LawInSport. https://​
Dayal A (2018) The error in zero tolerance. 1 June 2018, The Indian
www.​lawin​sport.​com/​topics/​item/​why-​the-​natio​nal-​doping-​test-​
Express. https://​india​nexpr​ess.​com/​artic​le/​opini​on/​colum​ns/​
labor​atory-​new-​delhi-​has-​been-​suspe​nded-​by-​wada-​and-​what-​it-​
indian-​olymp​ics-​sports-​anti-​doping-​athle​tes-​the-​error-​in-​zero-​
means-​for-​indian-​sport. Accessed 29 Sep 2021
toler​ance-​51993​04/. Accessed 29 Sep 2021

13
62 The International Sports Law Journal (2023) 23:44–63

Krishnan A, Datta K, Sharma D, Sharma SD, Mahajan U, Jhajharia S, Rehn N, Naik A, Jain D, Singh A, Robinson N, So WW, Aniruddha
Yadav M (2022) Survey of antidoping knowledge, attitudes and J, Rai S, Rai S, Patil C, Bindal A, Goel R, Kanwar V (2011) Jus-
practices amongst elite Indian sportsmen and the way forward. tice without delay: recommendations for legal and institutional
Med J Arm Forces India 78:88–93 reforms in the indian courts. Jindal Global Legal Research Paper
Krishnan JK, Kavadi SN, Girach A, Khupkar D (2014) Grappling at No. 4/2011, https://​ssrn.​com/​abstr​act=​16793​50
the grassroots: access to justice in India’s lower tier. Harv Hum Sharma D (2020) Notice issued to NADA on athlete’s petition chal-
Rts J 27:151 lenging Art. 7.3.1(f) of NADA Rules, 2015. 8 October 2020, SCC
Krolak J (2015) Banned Olympian blames diet supplements. 26 August Blog. https://​www.​sccon​line.​com/​blog/​post/​2020/​10/​08/​del-​hc-​
2015, Courthouse News Service. https://​www.​court​house​news.​ notice-i​ ssued-t​ o-n​ ada-o​ n-a​ thlet​ es-p​ etiti​ on-c​ halle​ nging-a​ rt-7-3​ -1​ f-​
com/​banned-​olymp​ian-​blames-​diet-​suppl​ements/. Accessed 29 of-​nada-​rules-​2015/. Accessed 29 Sep 2021
Sep 2021 Singhania V, Kothari C (2021) Is national sports arbitration the way
Martinez-Sanz JM, Sospedra I, Ortiz CM, Baladia E, Gil-Izquierdo forward?. In: Samant Y, Balyan C (eds) Specialized arbitration:
A, Ortiz-Moncada R (2017) Intended or unintended doping? A emerging international trends and practices. Thomson Reuters,
review of the presence of doping substances in dietary supple- Mumbai, pp 332–352
ments used in sports. Nutrients 9:E1093 Singhania V, Dhingra A (2021) How DNA determined sample iden-
McArdle D (2015) ‘Strict liability’ and legal rights: nutritional sup- tity in an anti-doping first for India—the case of Vijay Singh.
plements, ‘intent’ and ‘risk’ in the parallel world of WADA. In: 3 September 2021, LawInSport. https://​www.​lawin​sport.​com/​
Møller V, Waddington I, Hoberman JM (eds) Routledge handbook topics/​item/​how-​dna-​was-​used-​to-​deter​mine-​sample-​ident​ity-​in-​
of drugs and sport. Routledge, Abingdon, pp 293–309 an-​anti-​doping-​first-​for-​india-​the-​case-​of-​vijay-​singh. Accessed
Mohan KP (2019) NDTL losing accreditation comes as no surprise. 29 Sep 2021
23 August 2019, Sportsstar. https://​sport​star.​thehi​ndu.​com/​other-​ Star S, Kelly S (2021) A level playing field in anti-doping disputes?
sports/​wada-​suspe​nds-​ndtl-​accre​ditat​ion-​setba​ck-​for-​nada-​davin​ The need to scrutinize procedural fairness at first instance hear-
der-​singh-​kang-​doping/​artic​le292​35674.​ece. Accessed 29 Sep ings. Int Sports Law J 21:94–117. https://​d oi.​o rg/​1 0.​1 007/​
2021 s40318-​020-​00176-6
Mohan KP (2020) Anti-doping cases: panels err in handing out sanc- Star S, Kelly S (2022) Examining procedural fairness in anti-doping
tions for specified substances. 10 December 2020, Sportsstar. disputes: a comparative empirical analysis. Int Sports Law J.
https://​sport​star.​thehi​ndu.​com/​other-​sports/​anti-​doping-​cases-​ https://​doi.​org/​10.​1007/​s40318-​022-​00222-5
sanct​ions-​for-​speci​fied-​subst​ances-​nada-​wada/​artic​le333​01910.​ The Economic Times (2011) Coach sacked, probe ordered in doping
ece. Accessed 29 Sep 2021 scandal. 6 July 2011, The Economic Times. https://​econo​micti​
Moston S, Engelberg T (2019) And justice for all? how anti-dop- mes.​india​times.​com/​news/​news-​by-​indus​try/​et-​cetera/​coach-​
ing responds to ‘innocent mistakes.’ Int J Sport Policy Polit sacked-​probe-​order​ed-​in-​doping-​scand​al/​artic​leshow/​91203​78.​
11(2):261–274. https://​doi.​org/​10.​1080/​19406​940.​2018.​15507​99 cms?​curpg=2. Accessed 29 Sep 2021
Müller D (2017) How to protect the clean athletes? German J Exerc The Economic Times (2019) NDTL’s suspension will hamper India's
Sport Res 47(3):1–11. https://d​ oi.o​ rg/1​ 0.1​ 007/s​ 12662-0​ 17-0​ 446-3 anti-doping programme. 23 August 2019, The Economic Times.
NADA 2021. Primary functions. https://​www.​nadai​ndia.​org/​en/​prima​ https://​econo​micti​mes.​india​times.​com/​artic​leshow/​70804​328.​
ryfun​ctions. Accessed 29 Sep 2021 cms?​from=​mdr&​utm_​source=​conte​ntofi​ntere​st&​utm_​medium=​
NADA 2022. List of sportspersons tested positive against dope sub- text&​utm_​campa​ign=​cppst. Accessed 29 Sep 2021
stances and sanction imposed by Anti Doping Disciplinary Panel The Hindu (2017) India ranks 3rd for third year in a row in world dop-
w. e. f. 01-01-2009 till date. https://​www.​nadai​ndia.​org/​upload_​ ing chart. 4 April 2017, The Hindu. http://​www.​thehi​ndu.​com/​
file/​docum​ent/​16426​61657.​pdf. Accessed 23 Feb 2022 sport/​india-​ranked-​3rd-​for-​third-​year-​in-​row-​in-​wada-​doping-​
Park J (2005) Governing doped bodies: the world anti-doping agency charts/​artic​le178​04673.​ece. Accessed 29 Sep 2021
and the global culture of surveillance. Crit Methodol 5(2):174– The Times of India (2017) Food supplements to be audited by FSSAI:
188. https://​doi.​org/​10.​1177/​15327​08605​274945 Vijay Goel. 30 June 2017, The Times of India. http://​times​ofind​
Pielke R Jr, Boye E (2019) Scientific integrity and anti-doping regula- ia.​india​times.​com/​sports/​more-​sports/​others/​food-​suppl​ements-​
tion. Int J Sport Policy Polit. https://​doi.​org/​10.​1080/​19406​940.​ to-​be-​audit​ed-​by-​fssai-​vijay-​goel/​artic​leshow/​59382​127.​cms.
2019.​15969​68 Accessed 29 Sep 2021
Pöppel K (2021) Efficient ways to combat doping in a sports education Vasavda M (2017) Sports Ministry clears move to make doping a crimi-
context!? A systematic review on doping prevention measures nal offence. 25 March 2017, The Indian Express. http://i​ ndian​ expr​
focusing on young age groups. Front Sports Act Liv. https://​doi.​ ess.​com/​artic​le/​sports/​sports-​minis​try-​clears-​move-​to-​make-​dop-
org/​10.​3389/​fspor.​2021.​673452 ing-​a-​crimi​nal-​offen​ce-​wada-​45845​18/. Accessed 29 Sep 2021
Press Information Bureau, Ministry of Youth Affairs and Sports, Gov- Vasavda M (2020a) Four samples tested positive at Delhi lab turn out
ernment of India (2016) NADA outreach programme to make negative in Rome. 4 March 2020a, The Indian Express. https://​
Indian athletes aware about pitfalls of taking substances prohibited india​n expr​e ss.​c om/​a rtic​l e/​s ports/​s port-​others/​four-​s ampl​e s-​
by WADA. 29 April 2016. http://​pib.​nic.​in/​newsi​te/​Print​Relea​se.​ tested-​posit​ive-​at-​delhi-​lab-​turns-​out-​negat​ive-​in-​rome-​62979​
aspx?​relid=​142588. Accessed 29 Sep 2021 94/. Accessed 29 Sep 2021
PTI (2019) NDTL’s suspension will hamper India’s anti-doping pro- Vasavda M (2020b) Cost of India’s dope-testing lab suspension:
gramme: Expert. 23 August 2019, Economic Times. https://e​ cono​ Higher testing costs, reduction in tests. 23 July 2020b, The Indian
mictim ​ es.i​ ndiat​ imes.c​ om/n​ ews/s​ ports/n​ dtls-s​ uspen​ sion-w
​ ill-h​ am- Express. https://​india​nexpr​ess.​com/​artic​le/​sports/​sport-​others/​
per-i​ ndias-a​ nti-d​ oping-p​ rogra​ mme-e​ xpert/a​ rticl​ eshow/7​ 08043​ 28.​ cost-​of-​india-​dope-​testi​ng-​lab-​suspe​nsion-​higher-​testi​ng-​costs-​
cms?​from=​mdr. Accessed 29 Sep 2021 reduc​tion-​65188​91/. Accessed 29 Sep 2021
Rajaraman G (2020) ADDP mess up orders. 20 July 2020, Mail Today. WADA (2010) WADA Suspends Penang Laboratory from Anti-Doping
https://c​ ircle​ ofspo​ rt.c​ om/a​ ddps-m
​ ess-u​ p-o​ rders/. Accessed 29 Sep Analyses. 27 May 2010. https://​www.​wada-​ama.​org/​en/​media/​
2021 news/​2010-​05/​wada-​suspe​nds-​penang-​labor​atory-​from-​anti-​dop-
Read D, Skinner J, Lock D, Houlihan B (2019) Legitimacy driven ing-​analy​ses. Accessed 29 Sep 2021
change at the World Anti-Doping Agency. Int J Sport Policy Polit
11(2):233–245. https://​doi.​org/​10.​1080/​19406​940.​2018.​15445​80

13
The International Sports Law Journal (2023) 23:44–63 63

WADA (2015) 2013 Anti-doping rule violations (ADRVs) report. perspectives. Sport Manag Rev. https://d​ oi.o​ rg/1​ 0.1​ 080/1​ 44135​ 23.​
https://​www.​wada-​ama.​org/​sites/​defau​lt/​f iles/​resou​rces/​f iles/​ 2021.​19172​47
wada-​2013-​adrv-​report-​en.​pdf
WADA (2016a) Indian Anti-Doping Program receives boost after strik-
ing partnership with ASADA. 5 July 2016. https://​www.​wada-​
Legislation, codes and orders
ama.​org/​en/​media/​news/​2016-​07/​indian-​anti-​doping-​progr​am-​
recei​ves-​boost-​after-​strik​ing-​partn​ership-​with-​asada. Accessed Draft National Sports Development Bill 2013 (India)
29 Sep 2021 FSSAI Order. 2017. Use of Performance Enhancing Drugs (PED) in
WADA (2016b) 2014 Anti-doping rule violations (ADRVs) report. Health Supplements. 9 May 2017
https://​www.​wada-​ama.​org/​sites/​defau​lt/​f iles/​resou​rces/​f iles/​ International Standard for Code Compliance by Signatories (ISCCS)
wada-​2014-​adrv-​report-​en_0.​pdf International Standards for Laboratories, 2021 (ISL)
WADA (2017) 2015 Anti-doping rule violations (ADRVs) report. International Standard of Results Management, 2021 (ISRM)
http://w​ ww.w ​ ada-a​ ma.o​ rg/s​ ites/d​ efaul​ t/fi
​ les/r​ esour​ ces/fi
​ les/2​ 015_​ The National Anti-Doping Bill (2021), Bill No. 160 of 2021 (as intro-
adrvs_​report_​web_​relea​se_0.​pdf duced in Lok Sabha)
WADA (2018) 2016 Anti-doping rule violations (ADRVs) report. World Anti-Doping Code 2021 (WADA Code, or the Code)
https://​www.​wada-​ama.​org/​sites/​defau​lt/​f iles/​resou​rces/​f iles/​
2016_​anti-​doping_​testi​ng_​figur​es.​pdf Cases cited
WADA (2019a) 2017 Anti-doping rule violations (ADRVs) report.
https://​www.​wada-​ama.​org/​sites/​defau​lt/​f iles/​resou​rces/​f iles/​
Abhijeet Gurav v. NADA & Ors, Civil Writ Petition No. 616 of 2020,
2017_​adrv_​report.​pdf
Delhi High Court
WADA (2019b) WADA suspends accreditation of New Delhi Labora-
Amar Muralidharan v. Indian National Anti-Doping Agency (NADA),
tory. https://​www.​wada-​ama.​org/​en/​media/​news/​2019b-​08/​wada-​
Indian National Dope Testing Laboratory, Ministry of Youth
suspen​ ds-a​ ccred​ itati​ on-o​ f-n​ ew-d​ elhi-l​ abora​ tory. Accessed 29 Sep
Affairs and Sports (CAS 2014/A/3639), award of 8 April 2015
2021
Arijan Ademi v. Union of European Football Associations, CAS
WADA (2019c) WADA education—helping athlete who want to com-
2016/A/4676
pete clean. https://​www.​wada-​ama.​org/​en/​media/​news/​2019c-​10/​
Dharam Raj Yadav v. NADA & Ors, Civil Writ Petition No. 8636 of
wada-​educa​tion-​helpi​ng-​athle​tes-​who-​want-​to-​compe​te-​clean.
2020
Accessed 29 Sep 2021
Doping Control Centre, Universiti Sains Malaysia v. World Anti-Dop-
WADA (2020a) 2018 Anti-doping rule violations (ADRVs) report.
ing Agency (WADA), Arbitration CAS 2010/A/2162, award of
http://w​ ww.w ​ ada-a​ ma.o​ rg/s​ ites/d​ efaul​ t/fi
​ les/r​ esour​ ces/fi
​ les/2​ 018_​
15 June 2011
adrv_​report.​pdf.
Flavia Oliveira v. United States Anti-Doping Agency (USADA), award
WADA (2020b) 2019 Anti-doping testing figures. https://​www.​wada-​
of 6 December 2010, Arbitration CAS 2010/A/2107
ama.​org/​sites/​defau​lt/​files/​resou​rces/​files/​2019_​anti-​doping_​testi​
Inderjeet Singh v. NADA, Anti-Doping Appellate Panel, Case No. 08,
ng_​figur​es_​en.​pdf
ADAP 2018
WADA (2020c) 2021 Code Implementation Support Program Guide-
International Association of Athletics Federation (IAAF) v. Eddy Hel-
lines for the International Standard for Education (ISE). Septem-
lebuyck, Arbitration CAS 2005/A/831, award of 5 May 2006
ber 2020c. https://​www.​wada-​ama.​org/​sites/​defau​lt/​files/​resou​
Kiran DevidasSanas v. NADA & Ors., Civil Writ Petition No. 1165 of
rces/​files/​guide​lines​fored​ucati​on_​final.​pdf. Accessed 8 Mar 2022
2020, Delhi High Court
WADA (2021a) World anti-doping code. https://​www.​wada-​ama.​org/​
NADA v. Anil Kumar (Case No. 43.ADDP.01.2012), award of 17
en/​quest​ions-​answe​rs/​world-​anti-​doping-​code. Accessed 29 Sep
December 2012
2021a
NADA vs Himanshu Kumar Chang (Case No. 74.ADDP.04.2019),
WADA (2021b) 2020 Anti-doping testing figures. https://​www.​wada-​
award of 6 January 2020
ama.​org/​sites/​defau​lt/​files/​2022-​01/​2020_​anti-​doping_​testi​ng_​
NADA vs Mukul Sharma (Case No. 145.ADDP.01.2019), award of 17
figur​es_​en.​pdf
December 2019.NADA vs Vishal Solanki (Case No. ADDP.2020),
WADA (2021c) WADA reinstates accreditation of New Delhi Labora-
award of 27 May 2020
tory. 22 December 2021c. https://​www.​wada-​ama.​org/​en/​news/​
Sachin Betkar v. NADA & Ors., Civil Writ Petition No. 1216 of 2020,
wada-​reins​tates-​accre​ditat​ion-​new-​delhi-​labor​atory. Accessed 8
Delhi High Court
Mar 2022
Suresh Pai v. Union of India & Ors., Civil Writ Petition No. 1376 of
WADA (2021d) WADA Executive Committee endorses recommen-
2020, Delhi High Court
dations of non-compliance of eight Anti-Doping Organizations.
USADA v. Latasha Jenkins, 2008, AAA No. 301900019907 (American
14 September 2021d. https://​www.​wada-​ama.​org/​en/​news/​wada-​
Arbitration Association, award dated 25 January 2008)
execu​tive-​commi​ttee-​endor​ses-​recom​menda​tions-​non-​compl​
Vijay Singh v. National Anti-Doping Agency (NADA) & Anr., W.P.(C)
iance-​eight-​anti-​doping. Accessed 8 Mar 2022
3766/2021, Delhi High Court, order dated 22 March 2021 (Justice
Weston MA (2009) Doping control, mandatory arbitration, and process
Prathiba M. Singh), available at http://d​ elhih​ ighco​ urt.n​ ic.i​ n/d​ hcqr​
dangers for accused athletes in international sports. Pepperdine
ydisp_o.​asp?​pn=​48509​&​yr=​2021
Dispute Resol Law J 10(1):5–50
Vishal Solanki vs National Anti-Doping Agency (NADA), Appeal No.
Winand M (2015) Analysis of the role and challenges of sport fed-
04.ADAP.2020, Award dated 15 July 2021)
erations in doping prevention in the UK [Anti-doping education
WADA v. Amit and National Anti-Doping Agency of India (CAS
in the UK]. The Carnegie Trust. School of Sport, University of
2014/A/3869), award of 23 November 2015
Stirling, UK. http://​hdl.​handle.​net/​1893/​21984
WADA v. Nirupama Devi Laishram and National Anti-Doping Agency
Woolf JR (2020) An examination of anti-doping education initiatives
of India (CAS 2012/A/2979), award of 8 November 2013
from an educational perspective: Insights and recommendations
for improved educational design. Perform Enhanc Health. https://​
Publisher's Note Springer Nature remains neutral with regard to
doi.​org/​10.​1016/j.​peh.​2020.​100178
jurisdictional claims in published maps and institutional affiliations.
Yang K, Dimeo P, Winand M (2021) Anti-doping in China: an analy-
sis of the policy implementation processes through stakeholders’

13