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NADA faces a knotty issue

February 29, 2012 02:01 am | Updated 02:01 am IST - NEW DELHI:

The National Anti-Doping Agency (NADA) has taken over the task of dope control during the World Series Hockey (WSH) competition that opens on Wednesday.

Hockey is not known to have returned many cases of doping instances world-wide. Yet, when it comes to anti-doping activities, the International Hockey Federation (FIH) has not lagged behind, though testing is very minimal even in global-level competitions.

As the NADA gets down to another round of testing in hockey, after having completed dope control (16 samples were collected in all) in the just-concluded Olympic hockey qualifiers, the question being asked is, does it have the jurisdiction to test players in WSH?

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Even if it has, can the NADA be expected to have the right to carry out ‘results management' and, in case of a ‘positive' test, subsequent disciplinary procedures?

The NADA draws its anti-doping jurisdiction from the powers delegated to it by the National federations.

Though none of the federations has fulfilled the strict requirement of incorporating the NADA rules in the constitution, it is generally assumed that Government-recognised federations come under the ambit of the NADA.

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Peculiar problem

Hockey presents a peculiar problem. It has two National federations, the Indian Hockey Federation (IHF), under whose aegis WSH is going to be held, and Hockey India (HI), which was the host unit for the Olympic qualifiers.

With the FIH making it clear that WSH continues to be an unsanctioned event, the NADA certainly has a jurisdictional problem relating to testing and ‘results management' of foreign players in WSH even if it is able to ignore the ambiguity relating to home players.

Case of ‘positive' result

In case of a ‘positive' result from a foreign player, the NADA plans to forward the report to the international federation. Is the FIH that body?

It cannot be, for ,the FIH anti-doping rules are clear: “These anti-doping regulations shall apply to FIH, each National association of FIH, and each participant in the activities of FIH or any of its National associations by virtue of the participant's membership, accreditation, or participation in FIH, its National associations, or their activities or events”.

The international federation's rules will apply to cases that do not fall under the jurisdiction of the NADA as far as ‘results management' is concerned. The FIH rules stipulate that hearings pursuant to a ‘positive' test would be conducted by the respective National association.

The IHF, by virtue of a court order, continues to be a Government-recognised National federation while it does not have the FIH recognition.

Not recognised

HI is not recognised by the Government, but functions as the body dealing with India's international hockey commitments through an interim order of the Supreme Court and on the strength of its affiliation to the FIH and the Indian Olympic Association.

In India there had been a few doping cases before the advent of the NADA in 2009, including that of a National men's team member from Punjab, which was not even publicly acknowledged by the IHF.

Surprisingly, the IHF is shown to have suspended the player from “international competitions” for two years in a submission made by the Sports Authority of India to the Delhi High Court in the Sunita Godara petition.

The same document also shows that a woman player, Swarna Latha H. D., was suspended for one year from September 2, 2004 for a steroid offence detected more than a year earlier at the Lucknow National. There seems to have been no follow-up of a ‘positive' test returned by one player named Avtar Singh for steroid nandrolone in the year 2005, according to the SAI version.

There has also been a less-publicised instance of an Indian hockey player testing positive since the NADA took over domestic testing. Preeti Singh of Uttar Pradesh tested positive for nandrolone and was suspended for two years with effect from November 18, 2010.

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