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This is an archive article published on September 27, 2009
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Opinion Anti-doping regulations & privacy

Doping in sports is unpardonable. It is the worst form of cheating. Doping is a scourge which has afflicted sports,including cricket....

September 27, 2009 02:32 AM IST First published on: Sep 27, 2009 at 02:32 AM IST

Doping in sports is unpardonable. It is the worst form of cheating. Doping is a scourge which has afflicted sports,including cricket,and undoubtedly it must be eliminated. The objective of the World Anti-Doping Agency (WADA) regulations to achieve this end is certainly laudable. The problem lies in some of its provisions and especially the whereabouts clause as a result of which a cricketer who is included in the International Registered Testing Pool (IRTP) has to provide several details of his/her whereabouts prior to the first day of each quarter ie 1st January,1st April,1st July and 1st October respectively including periods where the cricketer is not participating in any sports competition. In addition,a cricketer must for each day during the following quarter provide in writing one 60-minute time slot between 6:00 am and 11:00 pm each day where the cricketer will be available and accessible for doping test at a specific location. International cricketers have a packed tour schedule every year and spend approximately nine to ten months of every year playing competitive cricket much of which is outside India. This leaves a very short period for out-of-competition testing.

The fatal flaw is that during “out-of-competition” periods of rest and time with friends and family,which are few and far between,it is unreasonable that players have to disclose their precise whereabouts and schedule for three months in advance for each and every day of such period. Besides they are subject to random testing at any time and place between 6 a.m. and 11 p.m.,as required by the whereabouts clause. As a consequence the players are virtually kept under surveillance from 6 a.m. to 11 p.m. throughout the year.

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That is clearly violative of the players’ right to privacy at least for the limited period when they can spend time with their family and friends. Privacy is one of the most cherished rights in a civilised society—“the right to be let alone—the most comprehensive of rights and the right most valued by civilised men”. The requirements of the whereabouts clause are overboard,excessive and impose disproportionate burdens. The breach of WADA regulations is visited with drastic consequences to the players. Besides,in case of a player like Tendulkar who has Z-category security,the mandatory disclosures may cause severe security concern. No doubt,the end of WADA regulations is commendable but laudable ends can be achieved only by legally permissible means.

Humour is dead

Sadly,we have lost our sense of humour,the capacity to laugh at ourselves. Shashi Tharoor’s twitter as the Prime Minister rightly said,“was just a joke” seen in the context and the circumstances in which it was said. Some persons may not relish a joke. However,to read sinister meanings and insinuations into it and to demand his resignation as a minister or for other disciplinary action against him is the height of absurdity. It betrays a lack of sense of proportion which is the mark of humourless persons. Poor Shashi probably did not anticipate such a hysterical reaction. In future,he may well observe a self-imposed restriction on his freedom of expression. One of the yoga practices for maintaining good health and preserving mental balance is to laugh loudly in company with others. Some ministers and others who were outraged by Tharoor’s twitter could do with a bit of yoga. I recall another incident which caused a ruckus. Field Marshal Sam Manekshaw,the hero of the Bangladesh war,could not resist giving vent to his mischievous sense of humour,when asked by a journalist as to what would have happened if he were commanding the Pakistan Army. Sam said,“Well,I would have defeated India”. There were demands for depriving him of his Field Marshal-ship and for disciplinary proceedings against him. Manekshaw did go over the board but the reaction was disproportionate. We should have laughed away this irreverent statement instead of accusing one of our greatest and most loved military heroes of harbouring anti-nationalist sentiments.

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