Dispute Resolution Mechanism for Doping Related Cases in India: An Analysis

Abstract

Sports has always been seen the celebration and honouring of the human spirits, bodies and minds. However, with changing nature of sports have ensure that there are lot of thing at stake. As such physical traits such as power, speed and endurance are highly prized. Today‟s athletes and sport personalities follow the strength, conditioning and nutrition programme which helps them to stay in shape for long sport season. While using this may help they to maintain their edge and make them stronger, faster and more agile but it may also enhance the risk of using drugs for enhancing their performance without any hard work. Using banned drugs in sports is known as doping in sport which is not only against the ethics but also the rules of the game and is fraud with the public. While the countries like India have immense potential in sports but it also true that doping have increased in this country. According to WADA report India is third largest country which is involved in doping cases in the world. The question arises that why is it so? Is it because of the weak regulatory system or it can be said that there is no proper regulatory systems which resolve doping cases in India. Lack of knowledge relating to doping among athletes is a prime reason for doping in India. In such situation if there are no unified dispute settlement mechanism which deals with the issues relating to doping in India then it will increase the problem. At national level National Anti-Doping Agency (NADA) works as a regulatory body and has a responsibility to control and regulate doping in India. NADA implements the international doping code run by World Anti-doping agency (WADA). However there is multiple issues involved here like all the sports bodies came under the ambit of this doping code, nether there is a clear system of appeal for athletes for doping moreover there are chances that national and international athletes are not treated equally. So Aims of this research is to analysis the laws and dispute settlement mechanisms relating to anti-doping in India, with highlight the issues relating to regulatory mechanism. The research aims to highlight the issues which national athletes and international athletes face while settling the doping cases. Comparative analyses of doping laws and resolution mechanism have also been done. The research also aims where the Indian dispute system mechanism lacks in doping and a measure has been suggested to resolve this doping case in India