Sports Authority of India prepares to argue Chand’s hyperandrogenism case to IAAF

Published 10 September 2014 | Authored by: Manali Kulkarni

On July 15, Indian sprinter, Dutee Chand, was temporarily banned by the Athletics Federation of India (AFI) for hyperandrogenism, preventing her from competing in future national and international events in the female category including the Commonwealth Games and now the Asian Games.1

On August 22, the Sports Authority of India (SAI) advised Chand to take her case to the Court of Arbitration for Sport (CAS) in the hope of having the IAAF’sand IOC’srespective hyperandrogenism regulations amended and her ban lifted.4 It is understood she has not made a decision on this yet.

However, the SAI has written a letter to the Ministry of Youth Affairs and Sports (Sports Ministry) asking to represent Chand’s case before the IAAF and attempt to have her temporary ban lifted.5

Articles 6.5 and 6.8 of the IAAF’s hyperandrogenism regulationsstate that Chand has two options to lift the ban: either, (1) demonstrate that her androgen levels are within the ‘normal male range’7 but that she has androgen resistance, proving that she does not gain a competitive advantage; or, (2) agree to have medical treatment to reduce her androgen level to within the permitted range.8

Chand has decided against medical treatment due to the length of the process, which could take up to two years, and as she fears it could hinder her performances and that she may effectively have to start training again from scratch.

Accordingly, she has asked the SAI to take the first option, and seek to demonstrate that she does not gain a competitive advantage despite her androgen being in the male range. The burden of proof lies with Chand (and the SAI) and the standard of proof is be based on a balance of probabilities (see Article 6.6).9

Further details on Chand's hearing with the IAAF have yet to be announced, but it is know that she has accepted an offer to be a trainee at the SAI’s NIS Patiala as a Centre of Excellence10 and will join on September 20.

 

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About the Author

Manali Kulkarni

Manali Kulkarni

Manali is the COO at LawInSport and executive contributor of the editorial board for LawInSport. She holds an LLM in Sports Law from Nottingham Law School (Nottingham Trent University).

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