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Sports Minister Mansukh Mandaviya proposes amending the National Anti Doping Act to criminalise trafficking of banned substances, with up to five years jail.
Union Sports Minister Mansukh Mandaviya. (Picture Credit:
The recently amended National Anti-Doping Act is set to be modified again to criminalise the trafficking and distribution of prohibited substances to athletes, with suppliers facing jail terms of up to five years. The proposed changes also target medical practitioners who knowingly prescribe banned drugs.
The draft amendments have been uploaded on the Sports Ministry’s website for public feedback, with June 18 set as the deadline for submissions.
Sports Minister Mansukh Mandaviya said the amended bill will be tabled during the upcoming monsoon session of Parliament after considering the feedback received.
“Whoever administers or applies to an athlete, for the purpose of or in connection with doping in sport…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,” the proposed amendment states.
Mandaviya, who has long advocated aggressive awareness campaigns to tackle the problem, said criminalising the organised supply of banned drugs is essential.
“Doping is no longer just a sporting violation; it has evolved into an organised ecosystem exploiting athletes,” Mandaviya said during an interaction with the media here.
“We only punish those who are consuming but suppliers need to be targeted as well. So whether it is a coach, a manager, a fellow athlete or anyone who has direct access to an athlete, those found guilty of being part of the supply chain will be prosecuted if these amendments go through,” he added.
The criminalisation of doping was a major topic at the World Anti-Doping Agency’s (WADA) Global Anti-Doping Intelligence and Investigations Network (GAIIN) Final Conference, and Mandaviya had announced the government’s plan to introduce penal provisions to address the menace.
India Worst Offender In World For Doping
India, which has topped WADA’s global list of dope offenders for the past three years, aspires to host the Olympics in 2036 and has already secured the 2030 Commonwealth Games. However, the country’s poor doping record could become a significant obstacle to these ambitions.
The new amendment is similar to the one proposed in 2018, which sought a jail term of four years and a fine of Rs two lakh for organised crime syndicates and anyone found guilty of supplying banned substances to athletes.
Those landmark provisions were, however, removed from the bill that was eventually passed in 2022 and amended last year, as the government then favoured a “preventive legislation, rather than a criminal legislation.”
The new amendments now seek to target even those who prescribe banned drugs, meaning a medical practitioner would also be liable if he is a willing participant in a doping offence.
“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,” the amendment states.
Exemptions From Liability
The law would exempt drugs prescribed to athletes who have a Therapeutic Use Exemption (TUE) for certified medical conditions, as well as doctors dealing with emergency situations. In such cases, the burden of proof would lie on the athlete to establish innocence.
“In situations referred to under this sub-section, it shall be the responsibility of the athlete to apply for a retroactive Therapeutic Use Exemption in accordance with the provisions of this Act and regulations thereunder,” the amendment states.
“There shall be no liability for the relevant medical practitioner, regardless of whether the Therapeutic Use Exemption is granted or declined,” it said.
(With inputs from Agencies)
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