National Anti-Doping Act set to be amended; Ministry proposes five-year jail for suppliers

The National Anti-Doping Act is set to be amended to criminalise trafficking and distribution of prohibited substances to athletes, with suppliers facing up to five years in jail.

The recently-amended National Anti Doping Act will be modified once again to criminalise trafficking and distribution of prohibited substances to athletes with a jail term of upto five years for suppliers, targetting even medical practitioners if they knowingly prescribe banned drugs.

The amendments have been uploaded on the Sports Ministry's website for requisite feedback from the public with the deadline for submission being June 18.

Sports Minister Mansukh Mandaviya said the amended bill will be tabled during the upcoming monsoon session of the Parliament after taking the feedback into consideration.

''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 for aggressive awareness campaigns to tackle the menace, said criminalising organised supply of banned drugs is a necessity.

''Doping is no longer just a sporting violation; it has evolved into an organised ecosystem exploiting athletes,'' Mandaviya said in an interaction with the media here.

''We only punish those who are consuming but suppliers need to be targetted 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.

Criminalisation of doping was a major talking point 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 bring in penal provisions to tackle the menace.

India, which has topped the WADA's global list of dope offenders for the past three years, is aspiring to become an Olympic host in 2036 and has bagged the 2030 Commonwealth Games already but the country's poor doping record could become a major hindrance to that plan.

The new amendment is similar to the one that was proposed back in 2018. At that time, a jail term of four years and a fine of Rs two lakh was sought for organised crime syndicates and anyone who was found guilty of supplying banned substances to athletes.

However, the landmark provisions were scrapped from the bill that was eventually passed in 2022 and amended last year as the government sided with the idea of a ''preventive legislation, rather than a criminal legislation.''.

The new amendments, however, seek to even target those who prescribe banned drugs, which means a medical practitioner would also be liable if he is a willing participant in the 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.

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The law would make an exemption for drugs prescribed to athletes who have Therapeutic Use Exemption (TUE) for certified medical conditions and for doctors who are dealing with emergency situations. In such scenarios, the onus would be on the athlete to prove 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,'' states the amendment.

''There shall be no liability for the relevant medical practitioner, regardless of whether the Therapeutic Use Exemption is granted or declined, it said.