Court of Arbitration for Sports (CAS) in the 27 July 2015 allowed Indian women athlete Dutee Chand to compete in women’s event with immediate effect.
The historic verdict was given by CAS chaired by Justice Annabelle Claire Bennett (Federal Court of Australia). In its verdict, CAS suspended the International Association of Athletics Federations (IAAF) regulation governing eligibility of females with naturally-occurring Hyperandrogenism.
Further, the highest body of arbitration in sports in its verdict gave the IAAF two years time to provide the scientific evidence that naturally-occurring Hyperandrogenism provide an unfair athletic advantage to female athletes as compared to their peers.
If the IAAF does not, or cannot, do so the Hyperandrogenism Regulation will be rendered null and void.
Until now, IAAF regulation suspended or banned those female athletes who were found with naturally-elevated testosterone levels. They were banned outright from participating in the competition unless they underwent medical intervention to lower their testosterone levels.
Background
Dutee Chand was dropped from the Glasgow Commonwealth Games contingent at the last minute after the Athletic Federation of India (AFI) in its 16 July 2014 order stating that hyperandrogenism made her ineligible to compete as a female athlete.
She challenged the decision of AFI in September 2014 with support from Union Ministry of Youth Affairs and Sports.
She was represented pro bono in CAS by Toronto-based lawyer James Bunting, Justice Morris Fish of Davies Ward Phillips and Vineberg LLP.
She is an Indian athlete from Odisha and is the current national champion in women's 100 metres event.
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