DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

SPORTS LAW

FINAL DRAFT

ON:

‘ANTI-DOPING LAWS FOR CRICKETERS’

SUBMITTED TO: SUBMITTED BY :

Mr. BHANU PRATAP SINGH SAURAV SINGH

ASSISTANT PROFESSOR B.A.LL.B. (B) X SEM.

Dr. RMLNLU Enroll- 150101119

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 ACKNOWLEDGEMENT

A major research project like this is never the work of anyone alone. Firstly, I would like to

thank respected Asst. Professor BHANU PRATAP SIR, for giving me such a golden opportunity

to show my skills and capability through this project.

This project is the result of the extensive ultrapure study, hard work and labour, put into to make

it worth reading. This project has been completed through the generous co-operation of various

persons, especially my seniors, who, in their different potentials helped me a lot in giving the

finishing touch to the project.

This project couldn’t be completed without the help of my university’s library Dr. Madhu

Limaye Library and its internet facility.

‘I am glad to have made it’

Thanking You........

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 TABLE OF CONTENTS

 DOPING
 OBJECTIVES:
 INTRODUCTION
 DOPING AND THE INDIAN SPORTS ADMINISTRATION
 HISTORY
 THE ANTI-DOPING LAWS
 ANTI- DOPING ORGANISATIONS
1. NADA
2. WADA
 ANTI-DOPING IN CRICKET
 ANTI-DOPING CODE BY ICC (SCOPE AND VIOLATION)
 BURDEN OF PROOF
 METHODS OF ESTABLISHING THE FACTS
 PROHIBITED LIST OF SUBSTANCES AND METHODS
 ANALYSIS OF THE SAMPLE
 FAIR HEARINGS
 SANCTIONS
 APPEAL
 MOST FAMOUS DOPING CASES IN CRICKET
 CONCLUSION

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DOPING

In India doping in sports started on a large scale prior to the 1982 Asian games. Since India was hosting
the games, it became a prestige issue to win medals. Amongst the pioneers who advocated drug abuse
were the Bulgarian weightlifting coaches. They openly supplied Indian lifters with dangerous drugs.
Doping was not merely confined to the lifters but came into the athletics as well. Major (retd.) Joginder
Singh (twice Asian gold medalist), who was closely associated with the training of the team for the '82
Asiad observed that the Indian athletes in the 1982 games were taking drugs in a big way during the
training camps. It was remarked jokingly at that time that the athletes were breaking records on a big
ration of drugs with no one to check them.

Once the taste of performance enhancing drugs were introduced in the Indian sporting fraternity, it
became a free for all.1 The doping scandal hitting the 2010 Commonwealth Games adds on to the timeline
of doping in sports in India. Between 2009 to 2012 reportedly 48 Indian athletes that compete in athletics
had been caught for doping. Further reports of doping in sports training institutes of India continue to
appear in the national media. For instance at the National Institute of Sports in Patiala, the premier sports
training center of the country, empty bottles, syringes and packets of banned drugs were allegedly found,
in the hostel rooms of the sports persons, who came to attend the coaching camps. 2 

OBJECTIVES:

 To understand the Anti-Doping Laws in India.

 What are NADA and WADA?
 To know about cases involved in Doping in Cricket.

INTRODUCTION

In June 2019, when the news of Indian Cricketing wunderkind, Prithvi Shaw’s involvement broke into
national news, the whole cricketing fraternity was left in shock.
Another Big name in Indian Cricket, Yusuf Pathan was also charged under anti-doping laws along with
Prithvi Shaw, which according to Dr. Abhijeet Salvi, Anti-Doping manager of BCCI, has happened due to
casual approach of players as well as of the support staff and lack of awareness towards Anti-Doping
provisions and setbacks of being involved in Doping. 
Now, in today’s scenario when both, International Cricket Council and Board for Control of Cricket in
India has become intolerant regarding doping in the sport, it’s a necessity for every Cricketer and people
involved in the management of Cricket to be aware of Anti-Doping provisions in India, particularly in
Cricket.
In this research, we will be discussing briefly about Anti-Doping in Cricket, Provisions of BCCI’s Anti
Doping Code and its execution.

DOPING AND THE INDIAN SPORTS ADMINISTRATION

The response of the Indian sports administrators, that includes the Ministry of Youth Affairs and Sports,
has, so far been ad-hoc. While the establishment of the National Anti Doping Agency (NADA) in 2009
increased the level of detection, it has not had a significant impact many expected. Notwithstanding that

1
'Doping is spread across all levels of sports in India', THE INDIAN EXPRESS, Sunday 10th July, 2011
2
Manish Sirhindi, ‘Banned drugs found at NIS Campers' room’, Indian Express, June 26th 2001.

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until 2011, 366 sports persons have been found to have tested positive by NADA 3, there has not have
been any independent investigation commissioned by the Government to analyze the extent of doping
within different sports in India. This is in contrast for example to the investigation commissioned by the
Australian Government, resulting into the findings of the Australian Crime Commission. Furthermore
NADA being controlled by the Government does not inspire confidence of impartiality. Decisions
involving culpability of both the sports persons and government appointed coaches creates a conflict of
interest. Mere dismissal of coaches in the face of doping scandal can be at best regarded as a kneejerk
reaction on the part of the Government. Till date no steps have been taken to instill accountability
amongst the sport governing bodies in view of the doping scandals. 4

HISTORY
Doping originated long ago, since the beginning of time. In the early history-mid-century, warriors all
around the world ate hearts, brains and livers of animals in the belief that they would become more
intelligent, swifter and stronger. In pre-history, West Africa tribesmen consume cola nitida to improve
performance and China commanders ingested Ma Huang for various stimulation purposes. In 5 BC and 3
BC, Greek athletes consumed special diets such as dried figs, wine, wet cheese, meat and a variety of
mushrooms to improve performance like in their Olympic Games. In Roman era, stimulants mixed with
alcohol were consumed by roman gladiators to recover faster from tiredness and injuries. In Ancient
America, citizens in Peru and Mexico ate coca leaves for endurance in competitions. All these evidences
are sufficient to prove that doping did not just begin but had its roots long time ever since the beginning
of time.

THE ANTI-DOPING LAWS

Whenever we hear about Doping, the first thing that comes to our mind is using steroids and
performance-enhancing drugs by sportspersons. To a certain extent, it’s true that doping is about the
usage of forbidden drugs, however, it also includes using biological methods like gene doping and blood
transfusions.

To keep the spirit of sports alive and intact, it’s necessary to prohibit Doping among the sportspersons.
So, in the year 1999, the World Anti-Doping Agency (WADA) was established to realize the goals of
the Lausanne Declaration on Doping in Sports, with a motto of creating a world where every sports
person can compete in a doping-free environment.

WADA publishes an annual list of drugs and methods which are prohibited to be used by the athletes and
the list is contained in World Anti-Doping Code. All the signatories of WADA including India are
expected to abide by the code and legislate their respective anti-doping laws.
The organization which carries forward the task of conforming with the rules and regulations of WADA
in India is the National Anti-Doping Association, i.e. NADA.

3
As per the data published by NADA at https://www.nada.nic.in/writereaddata/mainlinkFile/File1586.pdf (last
visited 5/4/13)
4
Geeta Anand, ‘Should Poor Countries Face the Same Doping Bar in Sports?’, The Wall Street Journal, March 21st
2012 at https://blogs.wsj.com/indiarealtime/2012/03/21/should-poor-countries-face-the-same-doping-bar-in-sports/

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 The main functions of NADA are:

 Implementation of Anti-Doping Code to ensure compliance by all the sports associations in India.
 To conduct Dope testing programs.
 To encourage Anti-Doping research and education.
 To adopt best practice standards and systems to enable effective implementation and continuous
improvement in the program.

However, Doping and Anti-doping mainly fall under the purview of Sports Management and Sports
Physiology, but in this project, we will keep ourselves to the legal aspects of the Doping and will discuss
Anti-doping laws in cricket.

ANTI- DOPING ORGANISATIONS:

NADA

The National Anti-Doping Agency (NADA) is the national organization of India to for promote,
coordinate, and monitor the doping control programmes of sports of all forms in line with World Anti
Doping Code in the country5. It works under Ministry of Youth Affairs and Sports, GOI. It was constituted
under the Societies Registration Act in 2006 in the aftermath of 2004 Copenhagen Declaration on
Doping in Sports to which India is a signatory.
Other than being a governing body, two separate panels and one committee mandated by WADA code
2009 rules also comes under its composition however NADA is independent of these panels and
committees.
 Anti Doping Disciplinary Panel : Take decision and disciplinary action and scrutiny of sports
persons for consuming prohibited drugs and methods.
 Anti Doping Appeal Panel: It’s like a court where convicted person can appeal against his
allegations seeking remedy.
 TUE Committee: it stands for therapeutic Use Exemption Committees as mandated by WADA
where athletes and physicians are permitted to use for medical therapeutic purpose those substances
which are mentioned in list of prohibited substances of methods.
Functions of NADA
 Adopting and implementing anti-doping rules and policies as per World Anti-Doping Code,
WADA. The World Anti-Doping Code is the document that harmonizes regulations regarding anti-doping
in sport across all sports and all countries of the world.
 Co-operating with other sports related organizations and other anti-doping organizations,
encouraging reciprocal testing between National Anti-Doping Organisations.
 Promotes anti-doping research and education. The World Anti-Doping Agency annually updates
the List of Prohibited Substances and Methods. The list is the International Standard defining what is
prohibited in-competition and out of competition. The list also indicates whether particular substances are
banned in particular sports.
 NADA is responsible to implement an effective number of in-competition and out-of-competition
tests on the athletes in its registered testing pool of international and national level athletes being tested by
NADA and may include blood as well as urine collection.
5
"About NADA". National Information Commission. Archived from the original on 12 May 2013. Retrieved 3
April 2013.

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 Develops a test distribution plan and allocates the number of samples for each sport or
discipline required for effective deterrence. The plan includes out-of-competition testing, in-competition
testing, and.
 Withholding funding during any period of involvement in sports for persons who are found guilty
for violating ant doping rules, and investigation of any such violations also comes under NADA’s
functionality and jurisdiction.

India is a signatory to the Copenhagen Declaration on Anti-Doping and the UNESCO International
Convention against Doping.

The Government of India set up the National Anti-Doping Agency of India (the "NADA") as a registered
society on 24th November, 2005.

NADA accepted a revised version of the WADC(World Anti-Doping Agency Code) on 7th March, 2008
and framed the Anti-Doping Rules of NADA in conformity with the WADC.

WADA

The World Anti-Doping Agency (WADA) is the international independent organization created in 1999
to promote, coordinate, and monitor the fight against doping in sport in all its forms.
Composed and funded equally by the sports movement and governments of the world, WADA
coordinated the development and implementation of the World Anti-Doping Code (Code), the document
harmonizing anti-doping policies in all sports and all countries."
Its focus is about the outreach of anti-doping movement around the world and the different types of
programmes that are used for anti-doping education. It reaches to a large audience as the athletes can
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view information on doping while younger people can take part in a quiz to test their knowledge.

ANTI-DOPING IN CRICKET

Now, one may question how a highly skill-based sports like cricket can be affected by the menace of
doping. With the past decade witnessing the emergence of shorter versions of the game like Twenty-20
and T-10 cricket, cricket has now become more of a game of strength and power.

The Fast bowlers and pinch-hitters are most likely to use these doping drugs and methods as their skill
requires a certain threshold of strength too.

In the words of former Indian cricket team physio John Gloster, in modern cricketing times, you can’t
survive on technique and skill alone, as cricket is an endurance-based sport which sometimes also
requires short bursts of power and strength. Thus, the cricketers have also become Doping prone.
Thus to combat the challenge of Doping in cricket, the apex body in the world cricket, i.e. International
Cricket Council, became a signatory of WADA in the year 2006.

6
World Anti-Doping Agency, “WADA Welcomes ECHR decision to back whereabouts rule”, Media Release, 18
January 2018, accessed 20 August 2018

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However, ICC had been conducting anti-doping tests since as early as 2002, but becoming a signatory of
WADA was a turning point as from now on, ICC had to strictly adhere by the World Anti-Doping Code.

To pursue the same, ICC has adopted an ICC Anti-Doping Code , which is consistent with the WADA
Code. So, now let us take a deeper look into the ICC Anti-Doping Code. 7

ANTI-DOPING CODE BY ICC (SCOPE AND VIOLATION)

To maintain the integrity of the sport and to keep the sport free from doping, ICC has adopted an Anti-
Doping Code in accordance with the code adopted by the World Anti Doping Agency as part of
compliance policy due to being a signatory of WADA since the year 2006.
So, let us discuss the code in brief.

Scope

Scope, particularly here, means that who are the people coming in the ambit of this code.
Article 1 of this code exhaustively deals with the scope and application of the code and creates an onus on
the players and the other staff to acquaint themselves with the code.
So, any player who has participated in any international match, either as a player in the playing XI or as a
substitute player in the past 24 months, i.e. 2 years will automatically bound by the Code and shall need
to comply with it.
For illustration, let us suppose a dope test is scheduled for 21st January 2020, and there is this player
Milind Deshpande, who has not played any international matches since 20th January 2017. So, he
remains out of the scope of this code. 
However, it doesn’t set its jurisdiction over the domestic level players across the world and thus it
provides for the duty of the Nation specific cricketing body to organize such dope tests in their territory.
Article 1.2.2 of this code also provides for a provision that once a player is retired from international
cricket, he will not be bound by the code unless they didn’t notify ICC of their retirement in writing.
Coaches, trainers, medical staff and other support staff also come under the purview of this code and are
expected to comply with the code and make themselves acquainted with the same. Article 1.4.7 clearly
states that using and even possessing such prohibited substances by the officials and support staff would
amount to a violation of the code and will be punishable.
Now, let us discuss in what ways the code could be violated which would aware the cricketers to refrain
from being involved in such activities.

Violation of the Code

According to this code, there are various acts imbibed in this code which would amount to doping. Let us
discuss them.
Following are the ways in which this code could be violated:

 Presence of a prohibited substance or its traces in the player’s sample.

 Using prohibited substances without establishing that such use is for means of Therapeutic Use
Exemption.
 Failing to submit or dodging sample collection as per notification of the authority.
 Failing to provide whereabouts details.
 Muddling with or attempting to muddle with any part of the doping control.

7
BCCI’s Blooper: Punjab’s Abhishek Gupta selected for Duleep Trophy despite doping ban’, published on 23 July
2018, accessed on 1 August 2018

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  Possession or trafficking of prohibited substances or methods.
 Association with any organization or person, which directly or indirectly promotes doping.

Now let us understand these all one by one.

 Presence of a prohibited substance or its traces in the sample of the player.

This code creates a duty upon the player to ensure that none of the substances from the prohibited list
enters his/her body. For example, If Fluoxymesterone, which is a prohibited substance according to
the latest updated list in the year 2019, is found in the sample of a player, then he must be treated as and
would be charged for violation of the code. Also, lack of knowledge, fault or intent will not amount to
any defense for anti-doping violations and neither they are required to establish the violations.

 Using Prohibited substances or methods without establishing that such use is for means of
Therapeutic Use Exemption.
Let us first understand what the Therapeutic Use Exemption is. It is exemptions provided by WADA in
such situations where using a prohibited substance becomes essential for therapeutic reasons.
So, this clause establishes that unless it is allowed under the Therapeutic Use Exemption, a player can not
use or even possess any prohibited substance.
For illustration, Desmopressin, which is a prohibited drug, is clinically used for preventing night
bedwetting but, can also be used to control and decrease the frequency of dehydration. Thus, unless it is
not necessary for therapeutic use, any trace of Desmopressin found in players’ samples will amount to a
violation of the code.

 Failing to submit or dodging sample collection as per notification of the authority.

According to this proviso, any player who dodges sample collection or fails to submit his/her sample in
due time as per the latest ICC notification, then it will amount to a violation of the code and will
constitute doping.

 Failing to provide whereabouts details.

Firstly let us understand what is whereabouts details.
As defined in the code, whereabouts details are details of the player’s location when with the team or
otherwise and it facilitates ease in conducting the doping tests by the Authority, here, ICC. This is to
provide a daily 60 minutes testing slot during tours and travel in compliance with the regulations and
notification of the WADA.

Following are the things covered under whereabout details:

1. Overnight hotel location when with team

2. Location
3. The full address of the location
4. Specific dates and time
5. Whereabouts during team training, all the matches, and tours

 Muddling with or any attempt to muddle with any part of doping control.
This part of the code deals with tampering with the doping control process or any attempt to tamper with
the doping control and establishes that this will also lead to violation of the code.
It includes interfering or bribing the doping control officer, providing fraudulent information or
interfering with a potential witness or evidence. For example, if a player is addicted to inhaling a
prohibited substance and then his fellow teammate sees the same but due to his seniority in the team, the

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player accused easily intimidated with the witness player, then it will also amount to a violation of the
anti-doping code.

 Possession or trafficking of prohibited substances or methods.

Even possession of the prohibited substances is restricted under this code and so is the trafficking of such
substances or methods. This too will amount to a violation of the code.

BURDEN OF PROOF

Under this code, the onus of establishing the proof of violation of the code lies with ICC itself. The
standard of proof according to Article 3.1.1, is less than what constitutes proof beyond any reasonable
doubts. However, when ICC code places a burden of proof on the player or any other person, then the
standard of proof shall be a balance of probability.

METHODS OF ESTABLISHING THE FACTS

As enlisted in Article 3.2 of the code, the following methods are there to establish the facts and the
presumptions:

 Analytical methods after consulting respective scientific officers and experts.

 Compliance with the international standards as laid down in the WADA’s code of anti-doping.
 Sample analysis by the laboratories approved by WADA.
 Facts established by a Court or any other disciplinary tribunal having competent jurisdiction over
the player or person in question.

PROHIBITED LIST OF SUBSTANCES AND METHODS

By virtue of the ICC Code, ICC prepares the prohibited list and regularly updates it in accordance with
the prohibited list as set out in WADA’s code.
It includes those drugs and methods which have great clinical and medical importance but also can be
used as a supplement to enhance the performance of an individual in the sporting arena.
However, a player may be granted permission to use an entry in this list subject to the Therapeutic Use
Exemption.

ANALYSIS OF THE SAMPLE

The Samples Collected by ICC to carry forward a dope test, shall be analyzed according to certain rules
and norms. These are:

 Analysis to be done in Approved Laboratories: For the purpose of analysis of the sample, only
WADA approved laboratories shall be used. However, the choice shall exclusively be determined
by the ICC.
 Purpose of Analysis: The samples shall be analyzed only to detect prohibited substances or
usage of prohibited methods and to assist ICC with the sample results and would serve no other
purpose. Also, samples can be collected and stored for further analyses in the future too.
 Restrictions: All the samples collected thereon shall be the property of ICC and it will be entitled
to determine all matters regarding the samples and analyses. However, the sample would not be
used for research purposes without the consent of the respective player.

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  Further Analysis: The samples collected for analysis according to the ICC code, may be used in
the future for further analysis as the case may be.

FAIR HEARINGS

For further proceedings, ICC shall constitute an Anti-Doping panel which would be presided over by an
attorney and would have 6 other members in it. The members of the panel shall be independent of ICC.
In such cases, when a player or person refuses allegations made by ICC, the case shall be transferred
further to the Appellate Tribunal for adjudication. The tribunal will consist of 3 members who would be
appointed by the president of the Anti-Doping Panel.
The proceeding shall go on in the ICC headquarters at Dubai or any other place as specified by ICC itself.
As stated in Article 8.1.6 and 8.1.7 of the Code, it gives the right of fair hearing to the accused and
doesn’t proceed on as Ex Parte hearings, following the doctrine of Natural Justice.

SANCTIONS

Following are the sanctions which can be imposed upon the player if found guilty:

 Disqualification of any individual results in any ICC events: If the player is found to be involved
in doping during any of the ICC events then all the results due to that individual player shall be
canceled and the medals and any kind of other awards shall be seized. The Rankings and points
achieved would stand canceled.
 The imposition of a period of Ineligibility: As specified in Article 10.2.2 of the Code, the period
of ineligibility shall be of 2 years and during this period the player would be banned from
participating in any ICC events. However, the punishment can be quashed midway after
observing the response of the guilty during the first year of the ban.
 Elimination of period of ineligibility: Later if the player proves that he/she was not involved in
doping and proves no fault then the disqualification and ban would be eliminated retrospectively
thereafter.

APPEAL

Article 13 of the code sets out the provisions for an appeal against decisions in Anti-Doping cases.
Decisions that established that an Anti-Doping rule was violated and such decisions where the person
involved was punished with sanctions and bans can be appealed against.
According to Article 13.2.2, Following are the persons entitled to appeal:

 The player or person subject to the decision

 The other party in the case
 National Anti-Doping Organization of the person’s country
 WADA
Appeals against sanctions imposed can be appealed to the CAS of ICC by the WADA itself or person’s
National Anti-Doping Organization. 
So these were the most important provisions of the code and in my next article, I’ll be elaborating the
Anti-Doping Code by BCCI. 

MOST FAMOUS DOPING CASES IN CRICKET

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Andre Russell also known as ‘Dre Russ’ was handed a one-year ban from all forms of cricket for a
whereabouts clause violation in Kingston earlier this year. The Jamaica Anti-Doping Commission pressed
charges of negligence against Andre Russell for not filing his whereabouts on 1st January 2015, 1st July
2015 and 25th July, 2015.

Earlier in 2017, Afghanistan wicketkeeper-batsman Mohammad Shahzad was tested positive for a

banned substance known as ‘Clenbuterol’ and hence was handed a ban for anti-doping rule violation
under the ICC Anti-Doping Code. The usage of ‘Clenbuterol’ is prohibited under WADA’s Prohibited
List, hence Shahzad who’s facing a provisional ban as of now, might receive a ban of two to four years if
found guilty of taking the banned substance intentionally. There was a campaign on social media recently
where fans requested ICC to lift Shahzad’s ban and let him play for the country. He’s an integral part of
Afghanistan cricket team and his absence in the team’s future matches might affect their results.

Shane Warne was handed a 12-month ban during the 2003 World Cup in South Africa. The leg spinner
was tested positive for a diuretic known as ‘Moduretic’. Warne’s excuse was that it was given to him by
his mother for weight loss and also in order to improve his appearance in front of the cameras. However,
the Australian cricket board didn’t buy his excuse and Warne was banned for an year. 

English all-rounder and a legend of the sport, Ian Botham was another such flamboyant personality
similar to Shane Warne. In 1989, ECB banned Botham for his recreational usage of Cannabis. Botham
has denied it earlier but later in a TV interview, the all-rounder accepted that he had used the drug. He
had to serve a 63-day ban for his Cannabis use.

Stephen Fleming was found guilty of smoking pot also known as ‘Marijuana’. Along with Dion Nash
and Matthew Hart, Fleming received a 3-match ban for the use of Weed.

Shoaib Akhtar was tested positive for a banned anabolic steroid known as nandrolone and was pulled
out of Pakistan’s squad for the Champions Trophy in 2006. Shoaib Akhtar received a 2-year ban from the
Pakistan Cricket Board for the usage of Nandrolone but Akhtar mainly used steroids and performance-
enhancing drugs to recover rapidly from injuries.

CONCLUSION

So, due to highly frequent activities regarding doping in sports and especially in cricket one needs to be
aware of the Code explained above and should participate in the sport following the same.
To keep the Gentlemen’s spirit of Cricket alive, implementation of such Anti-Doping Codes in necessary
and hopefully the article will help to create awareness against doping involved in the sport and ensure the
longevity of the Gentlemen’s spirit.

    

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