The Union Sports Ministry has declared National Sports Federations (NSFs) that receive Government funds of Rs. 10 lakh and above as public authority and given them a 15-day deadline to bring in provisions to become RTI-rules compliant.
However, the Union Government's own creation, the National Anti-Doping Agency (NADA), despite having enjoyed a 15-month head start, is yet to become RTI compliant.
Formed in November, 2005, NADA became functional only in January, 2009. It is completely funded by the Union Government, with a budgetary allocation this year of Rs. 2.25 crore out of a total outlay of Rs. 16.75 crore for anti-doping activities.
The Indian Olympic Association (IOA) and the Organising Committee, Commonwealth Games (OCCG), declared public authority by the Delhi High Court last January, and thus ordered to follow the RTI Act 2005, have already appointed officers to handle RTI enquiries.
The Sports Ministry has directed the NSFs to appoint Central Public Information Officers and Appellate Authorities to fulfil RTI obligations. They have also been told through a detailed guideline to make available certain records and information for the scrutiny of the public and also to publish such information on their websites by April 15.
The NADA website, operational at least from January, 2009, does show a heading as ‘RTI'. But it says it is “under construction”. The truth is NADA is yet to appoint a Central Public Information Officer or an Appellate Authority to handle RTI applications.
Far from being transparent in its activities, NADA has been rather reluctant to part with information regarding anti-doping disciplinary procedures.
While the need to maintain confidentiality during the process leading up to a hearing by the National Anti-Doping Disciplinary Panel is understandable — and mandated by the WADA Code — the failure to disclose details of the decisions of the hearing panels has been a disappointing feature of an otherwise wholehearted approach to anti-doping measures.
Since January, 2009, the hearing panels have handed out 36 decisions, according to the NADA website, with all but one of them (woman boxer Kamala Bisht who was exonerated), suspended for two years.
The site gives the name of the athlete, the prohibited substance that was reported, the date of the decision and the duration of the suspension. It does not give details of the decision. It also does not say when the suspension is going to end.
Not all suspensions have been from the date of the decision; some of them have been from the date of sample collection, going back by several months.
By its own rules, NADA is bound to make public the details of the decisions.
Article 15 of the NADA rules says: “No later than 20 days after it has been determined in a hearing in accordance with Article 8 (disciplinary procedure) that an anti-doping rule violation has occurred or such hearing has been waived, NADA shall publicly report the disposition of the anti-doping matter. This disposition shall include the name of the person concerned and the reasons for decisions.”
The RTI is an untested instrument in the anti-doping domain in India. But before NADA complies with RTI regulations and determines what could be in the public domain and what need not be, it will have to implement procedures as per its own rules.
The Court of Arbitration for Sport (CAS) and many National anti-doping organisations provide complete decisions in anti-doping hearings on their websites.
Almost all leading National anti-doping bodies, including those in the USA, Britain, Australia and Canada, have media or communication directors or managers. NADA is yet to appoint one.
In fact, NADA is so understaffed that it has been forced to fall back on the Sports Authority of India (SAI) for its sample collection tasks in recent months.
Appointments are in the pipeline, though, with the Commonwealth Games round the corner, there is a need for some urgency.
