Court of Arbitration for Sport Bench:
- President: The Hon. Justice Annabelle Claire Bennett AO,
- Arbitrators: Prof. Richard H. McLaren, Dr Hans Nater
- Ad hoc Clerk: Mr Edward Craven,
Facts:
Dutee Chand is an Indian Athlete who was born in Odisha in 1996 and began competing injunior-level athletics competitions in 2007.In 2013, the Government of India's Ministry of Youth Affairs and Sports (Ministry) promulgated a Standard Operative Procedure on female Hyperandrogenism. This will lay down the circumstances in which a particular athlete will be ineligible to participate in the female categoryin any competition. It places restrictions on the eligibility of female athletes with high levels of naturally occurringtestosterone to participate in competitive athletics. This was binding on the Sports Authority of India (SAI) which was a sports body established by Ministry. Upon allegations by many other athletes, SAI conducted a hyperandrogenism test on Chand which it said was stipulated by the IAAF and the IOC, and was a part of "SAIprotocol" and.The Director General of SAI stated that for now Dutee Chand won’t be allowed to participate in the female category in any International or national event. SAI indicated the Athletics Federation of India (AFI) of their intention to help Chand participate in competitive sports at all levels. They even appointed DrPayoshni Mitrato act as mediator and consultant on behalf of Chand. SAI asked the AFI to not disqualify Dutee as they believed she had great potential of excelling inathletics internationally. SAI claimed that the policy of The International Association of Athletics Federations (IAAF) on hyperandrogenism is unscientific, unfair and unethical. Dutee Chand went on to appeal this decision to the Court of Arbitration for Sport (CAS).
Issue:
Does the Hyperandrogenism Regulations discriminate impermissibly againstfemale athletes on the basis ofa natural physical characteristic
Judgement:
The CAS ruled that the appeal filed by Ms Dutee Chand on 26 September 2014 against the decision of AFI declaring Ms Chand not eligible to compete under the IAAF’s Hyperandrogenism Regulationsispartially upheld. The suspended these Regulations for a period of no longer than two years. They allowed Ms Dutee Chand to compete in both national and international-level athletics events.
