New Delhi: To combat the growing menace of doping in Indian sports, the Union Sports Ministry has proposed amendments to the National Anti-Doping Act 2022. These amendments aim to make doping-related activities like trafficking, illegal supply, administration and commercial distribution of prohibited performance-enhancing substances and methods a criminal offence.
“The Sports Ministry has put out a notice of the proposed amendments for public consultation, Doping is no longer just a sporting violation. It has evolved into an organised ecosystem exploiting athletes. The government’s objective is to protect athletes and dismantle criminal networks profiting from doping,” said Sports Minister Mansukh Mandaviya on Thursday.
Athletes will remain protected from criminal prosecution under the proposed framework.
The Ministry intends to introduce the amendments in the Parliament’s monsoon session.
The proposed provisions target traffickers, illegal suppliers, organised syndicates and unscrupulous support personnel involved in doping networks.
As per the proposal, the government wants to strengthen the existing legal framework relating to anti-doping in sports, “particularly with regard to activities involving trafficking, administration, promotion and illegal handling of prohibited substances and prohibited methods in connection with doping in sports.”
Imprisonment for a term extending up to five years, a fine up to ₹2 lakh, or both have been proposed for those involved in such doping-related activities. If the athlete is a minor, such activities will draw stricter punishment: imprisonment up to 10 years, a fine of ₹5 lakh, or both.
Prescribing a prohibited substance for an athlete will also be punishable under the proposed law. However as per WADA rules, exemptions exist for administering a prohibited substance or method to an athlete if they possess a valid Therapeutic Use Exemption (TUE). Also, a ‘registered medical practitioner’ administering or applying any prohibited substance or method to an athlete without a valid TUE to address an “emergency or urgent situation,” with the athlete’s consent, will not be liable for an offence under the proposed law (25B).
The provisions also seek to address advertisements and paid promotions relating to doping substances, offences by companies, powers relating to search and seizure, reporting of information and cognizance of offences.
The provisions apply to anyone who commits or aids in committing the offences mentioned in Section 25B. They also apply to acts done outside India if those acts would be considered offences (under Section 25B) had they been committed in India.
A sportsperson caught for doping will continue to be punished according to the provisions of the World Anti-Doping Agency and the National Anti-Doping Agency.
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.
The government said the proposed measures align with India’s commitments under the United Nations Educational, Scientific and Cultural Organization Convention against doping in sport and are consistent with the approach supported by the World Anti-Doping Agency (WADA).
“Stakeholders have been (are) invited to submit their comments and suggestions on the proposed amendments during the public consultation process by June 18.”
Powers related to search and seizure
Powers related to search and seizure have been given in the amendments. An officer authorised by the central government may, after recording reasons in writing, search any person, place, building, or vehicle if there is reason to believe an offence under this Chapter (VIA: Offences & Penalties) has been or is being committed, and may seize any prohibited substance or related evidence found during the search.
An authorised central government officer can seize prohibited substances and related evidence found in a public place or during transit if there is reason to believe an offence under this chapter has been committed.
India has been grappling with the doping issue for the last few years. The numbers have been alarming and recently World Anti Doping Agency President Witold Banka visited India and held discussions with anti-doping officials and government machinery over robust anti-doping measures to tackle the problem.
Earlier this year India became No. 1 in the anti-doping rule violations (ADRVs) report published by the WADA with a total of 222 cases for 2023, overtaking Russia. In terms of adverse analytical findings (AAFs), India has occupied the top spot for the third year running as per WADA published reports.
