Clubs should embrace radical
measures for enforcement
By Sharan Kumar
Given the notable reduction in the
number of race days across various race clubs in India, there's a justified
need to review suspensions of professionals. While suspension durations were
once clearly defined, they now appear unduly harsh, particularly considering
their nationwide implications on a professional's participation ability,
previously, confining suspensions to one racing centre aligned punishment with
race days. However, with most centres now hosting only one day of racing per
week instead of two, suspensions can disproportionately extend over several
months, especially during periods of consecutive racing lasting six to seven
days in the winter seasons.
For example, an eight-day
suspension could effectively result in a two-month ban, considering the
professional may miss over 20 race days when factoring in participation at
other centres. This disproportionately affects jockeys, particularly those in
high demand nationwide. Even breaches of medication rules warrant reevaluation;
punishments are frequently severe and can severely harm a career, as they rely
on vicarious responsibility and conjecture rather than concrete evidence.
Punishments based on suspicion, assumption, and prejudice are unjustifiable and
can be disproportionate, given their widespread impact on the affected
professionals across India.
Thoroughbred horses, known for
their delicate nature, frequently face physical ailments due to the demands of
high-speed running exceeding their physical limits. Many undergo treatment for
various issues, often receiving medications similar to those used for humans,
tailored to their weight. However, their metabolism varies, leading to
differences in drug retention. Post-race testing primarily relies on urine
samples, with blood tests only used to confirm drug presence beyond prescribed
limits when both samples align. Despite legally administered drugs potentially
lingering in urine, administrators often assume clandestine administration,
resulting in unfair punishments based on speculation rather than solid
evidence. Punishments, ranging from two to ten years, often fail to consider
mitigating circumstances. The personal biases of
those in positions of judgment, along with the influence exerted by powerful
groups, often lead to overly harsh punishments that serve the agendas of vested
interests as opposed to the independent perspectives of professionals.
Some clubs, like the Bangalore Turf
Club, exhibit bias, presuming all professionals are dishonest and delighting in
punitive measures. In a recent case involving trainer Padmanabhan's horse
Adjustment, legally administered Tildren—a drug for bone issues—was wrongly
penalized. Tildren, used in cancer treatment, aids bone regeneration and can
remain detectable for up to three years. Despite discrepancies between urine
and blood tests, the stewards hastily suspended Padmanabhan for two years,
disregarding his distinguished record. Punishments for positive drug tests,
typically one month, escalate to two years if clubs suspect private
administration.
Interestingly, the current Indian
Derby winner, Enabler, received Tildren before being eligible, yet no action
was taken due to claimed ignorance. In contrast, the Bangalore Turf Club
stewards promptly penalized upon discovering Tildren use, despite notification.
Inconsistencies in decisions across clubs should confine repercussions to the
club of origin, ensuring fairness and adhering to principles of natural
justice. Appeals lodged by the aggrieved professionals should be heard by a
neutral appeal board, independent of those involved in the same club, to ensure
thorough scrutiny of punishment and circumstances. Scientific evidence should
be evaluated impartially before confirming punishments.
However, the present system raises
concerns, as the stewards who imposed the punishment hold undue influence over
the appeal board, as they nominate its members. Under such circumstances,
fairness is compromised, as the appeal board tends to endorse the stewards'
decisions without giving fair consideration to the aggrieved.
Indeed, any disciplinary measures
must prioritize the integrity of the sport while ensuring fairness to
professionals, adhering to principles of natural justice. Padmanabhan's
decision to take the club to court highlights the importance of these principles.
In the case of his first suspension, the court stayed the punishment, citing a
lack of adherence to the principles of natural justice and fair play. Although
the punishment had already become irrelevant by that time, the Bangalore Turf
Club (BTC), feeling aggrieved by the court's decision, chose to appeal to the
High Court, despite the significant financial costs involved. In their
dissatisfaction, they also prohibited Padmanabhan's wife and owner, Sharmila
Padmanabhan, from attending races.
This arbitrary decision sparked
concerns among former members of the Managing Committee, prompting inquiries
about the rule under which the decision was made. Unable to provide
satisfactory answers, the club promptly revoked its decision. This incident underscores
the recklessness with which the club can sometimes act, disregarding the
potential repercussions and legality of their actions, leading to significant
distress and financial losses for those affected, particularly in the event of
litigation.
Notably, the RWITC installed
cameras in stables with runners during the Indian Derby, hinting at concerns
about clean racing. However, the selective application of this measure raises
questions. If there's an acknowledgement that illicit practices might occur,
why limit surveillance to Derby Day runners only?
A more effective approach would
involve installing permanent cameras in stables and employing video analysis to
monitor activities consistently. This proactive stance would help deter drug
misuse on all days, rather than just selectively during specific events. The
selective application of surveillance measures undermines their purpose and
integrity. Such measures must apply uniformly and continuously, without being
influenced by external pressures or the interests of certain individuals.
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