Kerala High Court Seeks Centre's Stand On Athlete Vismaya V K's Plea Against Denial Of Exemption In Doping Test
Manju Elsa Isac
17 March 2025 9:09 AM
The Kerala High Court on Thursday (March 13) sought Centre's response to a petition filed by athlete and 2018 Asian Games Gold Medalist Vismaya V. K. against the denial of exemption given to her in doping test.
The petition was considered by Justice C. S. Dias.
The athlete failed the doping test conducted in August 2024. She submitted before the Court that prohibited substance was found in her body as she was consuming medicine for infertility treatment. She submitted that she had fully disclosed about this in the doping control form while undergoing the test. However, the result came back saying there was Adverse Analytical finding in the doping test and she was placed under provisional suspension.
As per the petitioner, on the next day of the test itself she submitted a Therapeutic Use Exemption (TUE) application along with supporting medical documents. Subsequently, she also submitted an application before National Anti-Doping Agency (NADA) seeking temporary removal from Registered Testing Pool. However, the application for TUE was rejected saying that it did not fulfill any requirements as mentioned in Article 4.1 of the Worls Anti-Doping Code International Standard for Therapeutic Use Exemption as it was not an emergency condition.
The petitioner argued that the rejection of TUE application violated principle of fairness.
“While Article 4.1 of the WADC requires” no reasonable therapeutic alternative” for TUE approval, infertility treatments such as clomiphene are often the primary medical option for women attempting pregnancy. Denying the TUE under such circumstances conflicts with the principles of proportionality and fairness as prescribed under Article 10.5.1.1 of the WADC, which addresses instances of No Significant Fault or Negligence”, the petitioner argued.
She had also stated that there was no competitive advantage for her due to intake of the medicine as it occurred during a non-competitive period following her injury.
After some hearing, the counsel appearing for the Central government sought time to get instructions, which was permitted. The case is next posted on March 25.
The petition is moved by Advocates Varghese Sabu, V. John Mani, Sethulakshmi K. K.
Case Title: Vismaya V. K. v Union of India and Others
Case No: WP(C) 9588/ 2025