India proposes 10 years in jail, fine up to Rs 5 million for doping dealers

New Delhi, May 21 The Ministry of Youth Affairs and Sports has released proposed amendments to India’s anti-doping legal framework for consultation. (photo/ IANS) New Delhi: The Indian government has proposed tough penal provisions under the 2022 amendments to the National Anti-Doping Act, including jail terms ranging from five to 10 years and fines of up to Rs five lakh for those involved in the supply, administration or trafficking of banned substances to athletes.The proposed amendments, published by the Department of Sport for stakeholder consultation, represent a major departure from the government’s previous approach, which focused primarily on penalizing athletes through suspensions and bans, rather than prosecutions. The deadline for submitting public comments and suggestions is June 18.Importantly, athletes who are not involved in the proposed crimes, such as human trafficking or an organized syndicate, will not be criminalized only for anti-doping rule violations (ADRVs) or positive tests. Athlete ADRV will continue to be addressed within the existing National Anti-Doping Agency (NADA) anti-doping framework.The proposed amendments seek to ensure that clean athletes remain protected while enabling a stronger crackdown on criminal networks exploiting sport and athletes for commercial gain.However, it remains unclear who will have the prosecuting authority – the police, NADA’s own Intelligence & Investigations (I&I) unit, the Narcotics Control Bureau (NCB) or any other central investigative agency.“Whoever, for the purpose of or in connection with doping in sports, deals, sells, issues or otherwise places on the market without dealing or prescribes any prohibited substance or prohibited method, shall be punished with imprisonment for a term which may extend to (five) years or with fine which may extend to (two million) rupees, or with both,” the provision of the law states.“Whoever deals, sells, issues or otherwise places on the market without dealing, prescribes or administers or applies a prohibited substance or prohibited method to an athlete under the age of 18 or acts commercially or as a member of an organized criminal syndicate for the purpose of committing an offence, shall be punished with imprisonment for a term which may extend to (ten) years, rufive varnish or both,” the law added.Sports Minister Mansukh Mandaviya on Thursday said the amended bill would be tabled during the upcoming monsoon session of Parliament after incorporating the feedback.The provisions would bring trainers, doctors, managers, suppliers and traffickers into the realm of criminal liability. Doctors who knowingly prescribe banned performance-enhancing drugs would also face prosecution.The proposed law also provides safeguards for athletes with valid therapeutic exemptions (TUEs) for certified medical conditions and for physicians who address medical emergencies. In such cases, the athlete would be required to prove innocence by applying for retroactive TUE approval under the law.The move follows growing international scrutiny over India’s shameful doping record. Witold Banka, president of the World Anti-Doping Agency, during his recent visit to New Delhi, expressed concern that India has become one of the world’s biggest doping violators and a major producer of illegal performance-enhancing substances.India has topped WADA’s list of global drug offenders for the past three years, posing a challenge to the country’s ambitions to host the 2036 Olympics after securing the 2030 CWG.