Sports Authority of India prepares to argue Chand’s hyperandrogenism case to IAAFManali 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’s2 and IOC’s3 respective 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 regulations6 state 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.
This work was written for and first published on LawInSport.com (unless otherwise stated) and the copyright is owned by LawInSport Ltd. Permission to make digital or hard copies of this work (or part, or abstracts, of it) for personal use provided copies are not made or distributed for profit or commercial advantage, and provided that all copies bear this notice and full citation on the first page (which should include the URL, company name (LawInSport), article title, author name, date of the publication and date of use) of any copies made. Copyright for components of this work owned by parties other than LawInSport must be honoured.
- Tags: Athletics | Athletics Federation of India (AFI) | Court of Arbitration for Sport (CAS) | Governance | Hyperandrogenism | IAAF Hyperandrogenism Regulations | India | International Association of Athletics Federations (IAAF) | IOC | IOC Regulations on Female Hyperandrogenism | Regulation | Sports Authority of India (SAI)
- SAI advises Chand to take hyperandrogenism case to CAS
- AIBA limits Boxing India’s coaches at Games while athlete ruled ineligible due to hyperandrogenism
- Manoj Kumar to be reconsidered for Arjuna Award after Central Government intervenes
- Churchill Brothers takes AIFF to Delhi’s High Court over I-League licensing dispute
About the Author
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).