The central government has proposed fresh amendments to the National Anti-Doping Act to criminalize trafficking and distribution of banned substances to athletes, punishable with imprisonment of up to five years and a fine of up to Rs 2 lakh, including by medical practitioners who knowingly prescribe banned drugs.The proposed amendments have been uploaded on the sports ministry’s website for public comments, with a deadline of June 18 for suggestions.Sports Minister Mansukh Mandaviya said that the amended bill will be tabled during the upcoming monsoon session of Parliament after reviewing the feedback.“Whoever administers or applies to any athlete for the purpose of or in connection with doping in sports…shall be punished with imprisonment which may extend to (five) years, or with fine which may extend to (two lakh) rupees, or with both,” the proposed amendment said.The amendments call for strict action against those involved in supplying banned items to athletes. The ministry plans to table the amended bill in Parliament after reviewing public suggestions.Under current law, the National Anti-Doping Agency (NADA) can search premises and seize “equipment, equipment, substance, record, register, document or other material thing” when anti-doping violations are suspected.The proposed amendment extends these powers to include individuals.“The officer, if the person is required, shall take such person within twenty-four hours to the nearest gazetted officer, superior officer, or magistrate. Provided that the officer shall not detain such person for more than twenty-four hours before taking him to such gazetted officer or magistrate,” the amendment said.“For the purposes of this section, the expression ‘public place’ includes any place of public conveyance, hotel, shop, competition, event or other place for the use of, or accessible to, the public.”
Doctors, coaches may face jail.
“Doping is no longer just a sporting violation; it has turned into an organized ecosystem that exploits athletes,” Mandaviya said during a media interaction in New Delhi.“We only punish those who are using but the suppliers also need to be targeted. So whether it’s a coach, manager, fellow player or anyone who has direct access to a player, those found guilty of being part of the supply chain will be prosecuted if these amendments are passed,” he added.A similar proposal was tabled in 2018, when the government called for four years in jail and a fine of Rs 2 lakh for organized crime groups and suppliers of contraband. However, those provisions were removed before the law was passed in 2022 and amended last year, as the government preferred “precautionary legislation” to criminal legislation.The new proposal also targets those who prescribe banned substances to athletes.“Whoever, for the purpose of or in connection with doping in sport, traffics, sells, dispenses or otherwise places on the market without trafficking, or prepares a prescription for any prohibited substance or prohibited method, shall be punished with imprisonment for a term which may extend to [five] years, or with such fine as may extend. [two lakh] Rs., or both,” the amendment said.These amendments provide exemptions for athletes with certified medical conditions and therapeutic use exemptions (TUE) for emergency physicians.“In the circumstances referred to under this subsection, it shall be the responsibility of the athlete to apply for exemption from the use of retrospective treatment in accordance with the provisions of this Act and the regulations thereunder,” the amendment states.“There shall be no liability to the concerned medical practitioner, irrespective of whether the use of the treatment is waived or refused,” it added.The ministry clarified that there will be no change in the rules regarding anti-doping violations by athletes.“Anti-doping rule violations by athletes will continue to be dealt with under the existing anti-doping framework,” the ministry said.“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.”
