India Proposes Stricter Anti-Doping Laws with Jail Time and Fines

The Ministry of Youth Affairs and Sports has placed the proposed amendments to India’s anti-doping legal framework in the public domain for consultation. (photo/IANS)

New Delhi: The Indian govt has proposed stringent penal provisions under amendments to the National Anti-Doping Act, 2022, including jail terms ranging from five to 10 years and fines of up to Rs five lakh for those involved in supplying, administering or trafficking 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 govt’s earlier approach that focused primarily on penalising athletes through suspensions and bans rather than criminal prosecution. The deadline for submitting public comments and suggestions is June 18. Importantly, athletes not found involved in the proposed criminal offences like trafficking or organised syndicate will not be criminalised merely for anti-doping rule violations (ADRVs) or positive tests. ADRVs by athletes 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 remain protected while enabling stronger action against criminal networks exploiting sport and athletes for commercial gain. However, it remains unclear who will have the prosecution authority — the police, NADA’s own Intelligence & Investigations (I&I) unit, Narcotics Control Bureau (NCB) or any other central investigative agency. “Whoever, for the purpose of or in connection with doping in sport, traffics in, sells, dispenses or otherwise places on the market without trafficking, or makes out a prescription for, any prohibited substance or prohibited method, shall be punishable with imprisonment for a term which may extend to (five) years, or with fine which may extend up to (two lakh) rupees, or both,” read the provision of the Act. “Whoever traffics in, sells, dispenses or otherwise places on the market without trafficking, makes out a prescription or administers or applies a prohibited substance or a prohibited method to an athlete under the age of 18, or acts commercially or as a member of an organised crime syndicate for the commission of an act shall be punishable with imprisonment for a term which may extend to (ten) years, or with fine which may extend up to (five lakh) rupees, or both,” the Act added. Sports minister Mansukh Mandaviya said on Thursday that the amended bill would be tabled during the upcoming monsoon session of Parliament after incorporating feedback. The provisions would bring coaches, doctors, managers, suppliers and traffickers within the ambit of criminal liability. Medical practitioners knowingly prescribing banned drugs for performance enhancement would also face prosecution. The proposed law also provides safeguards for athletes with valid Therapeutic Use Exemptions (TUEs) for certified medical conditions and for doctors dealing with emergency medical situations. In such cases, the athlete would be required to prove innocence by applying for retroactive TUE approval under the Act. The move follows growing international scrutiny over India's embarrassing doping record. During his recent visit to New Delhi, Witold Banka, president of the World Anti-Doping Agency, raised concerns over India emerging as one of the world’s biggest offenders in doping violations and a major producer of illegal performance-enhancing substances. India has topped the global list of dope offenders compiled by WADA for the past three years, posing a challenge to the country’s ambitions of hosting the 2036 Olympics after securing the 2030 CWG.