NEW DELHI: The Indian government has proposed tougher penal provisions under the amendments to the National Anti-Doping Act 2022, including five to 10 years in jail and fines of up to Rs 5 lakh for those involved in the supply, administration or trafficking of banned substances to athletes.The proposed amendments, placed in the public domain by the sports ministry for stakeholder consultation, mark a major departure from the government’s earlier approach, which focused primarily on punishing athletes through suspensions and bans rather than criminal prosecution. The deadline for submitting public comments and suggestions is June 18.Importantly, athletes not found to be involved in alleged criminal offenses such as trafficking or organized syndicates will not be convicted simply because of anti-doping rule violations (ADRVs) or positive tests. Athletes’ ADRVs will continue to be dealt with under the existing anti-doping framework of the National Anti-Doping Agency (NADA).The proposed amendments seek to ensure that clean athletes are protected while enabling tougher action against criminal networks that exploit sports and athletes for commercial gain.However, it is not clear who will have the power to prosecute — the police, NADA’s own Intelligence and Investigation (I&I) unit, the Narcotics Control Bureau (NCB) or another central investigating agency.“Whoever, for the purpose of or in connection with doping in sports, traffics in, sells, dispenses, or makes a prescription for any prohibited substance or prohibited method in the market without trafficking, shall be punished with imprisonment for a term which may extend to (five) years, or with fine which may extend to (five) years, or with both fine which may extend to (one lakh rupees) under the Act.”“Whoever smuggles, sells, distributes or otherwise, without trafficking in the market, manufactures or administers any prescription or applies any prohibited substance or prohibited method to a player under 18 years of age, or acts commercially or acts as a member of an organized crime syndicate for the commission of any act, for which the punishment or fine may extend to (five lakh) rupees, or both,” Act added.Sports Minister Mansukh Mandavia said on Thursday that the amended bill will be tabled during the upcoming monsoon session of Parliament after incorporating the views.These provisions will bring criminal liability to coaches, doctors, managers, suppliers and traffickers. Medical practitioners who knowingly prescribe banned drugs to enhance performance will also face legal action.The proposed law also provides protections for athletes with valid Therapeutic Use Exemptions (TUEs) for doctors dealing with certified medical conditions and emergency medical conditions. In such cases, the player will need to prove innocence by applying for approval of a previous TUE under the Act.The move follows growing international scrutiny over India’s shameful doping record. During his recent visit to New Delhi, World Anti-Doping Agency President Witold Banka expressed concern over India emerging as one of the world’s biggest perpetrators of doping violations and a major producer of illegal performance-enhancing substances.India has topped the world list of doping offenders compiled by WADA for the past three years, challenging the country’s ambitions to host the 2036 Olympics after securing the 2030 CWG.
