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The Extraterritorial Reach Of Anti-Doping Laws: A Challenge To Indian Sovereignty

 



Digvijay Singh Chauhan, Law College Dehradun, Uttaranchal University, Dehradun

Satyam Sharma, Assistant Professor, Law College Dehradun, Uttaranchal University, Dehradun.


ABSTRACT


The increasing globalization of sports has led to a parallel expansion of regulatory frameworks governing athlete conduct, particularly in the domain of anti-doping. The World Anti-Doping Code (WADC), administered by the World Anti-Doping Agency (WADA), seeks to ensure uniformity in anti- doping standards across jurisdictions. However, its extraterritorial application raises complex legal and constitutional questions, especially for sovereign states like India, where domestic legal systems are required to align with international sporting norms.


This study critically examines the extraterritorial reach of anti-doping laws and evaluates whether such enforcement mechanisms pose a challenge to Indian sovereignty. It explores how international obligations under WADA compliance interact with domestic legal frameworks such as the National Anti-Doping Act, 2022, and the role of the National Anti-Doping Agency (NADA) in implementing global standards within India. The research also analyzes the tension between international regulatory uniformity and constitutional principles of autonomy, due process, and athlete rights.


Furthermore, the paper investigates key legal and ethical concerns, including jurisdictional overreach, procedural fairness in doping adjudication, and the binding nature of sanctions imposed by international sports bodies like the Court of Arbitration for Sport (CAS). It also highlights the implications for Indian athletes competing abroad and foreign athletes subject to testing protocols within India.


Keywords: Anti-Doping Laws; Extraterritorial Jurisdiction; State Sovereignty; World Anti-Doping Agency (WADA); World Anti-Doping Code (WADC); National Anti-Doping Agency (NADA); Sports Law in India; International Sports Governance; Court of Arbitration for Sport (CAS); Athlete Rights; Constitutional Law; Regulatory Compliance; Globalization of Sports; Due Process; Jurisdictional Conflict.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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