Sports Ministry – The Hindu

The Sports Ministry is seeking to target the doping ecosystem and formalise criminalisation of possession, trafficking, distribution and administration of banned substances in the upcoming Parliament session.

The ministry has uploaded the draft note with necessary amendments under a new Chapter VI A to the recently modified National Anti Doping Act 2022 for public consultation seeking feedback till June 18. After vetting the suggestions, the modified Bill would be tabled in the Parliament.

“At the moment, we are only punishing those who are consuming and the sanctions are limited to sporting activities including bans or suspensions. But doping is not just a sporting violation now; it has evolved into an organised ecosystem and we need to target everyone involved right from those prescribing to those procuring and supplying to the ones administering it to the athletes. Anyone who is involved at any level will be liable,” Union Sports Minister Mansukh Mandaviya said on Thursday.

The proposed amendments, once ratified, could have far-reaching implications for both the transgressors and government officials with the latter empowered to search any suspected individual or premises, seize any suspected prohibited substance or documentary evidence of it therein or in any public place and detain the suspect for 24 hours before producing before a judicial authority.

The important amendments to the scope of offence and punishment include:

Up to five years’ imprisonment, Rs 2 lakh fine, or both for selling, trafficking, prescribing or distributing banned substances or methods linked to doping.

Up to five years’ imprisonment, Rs 2 lakh fine, or both for giving banned substances or methods directly to an athlete.

Up to three years’ imprisonment, Rs 2 lakh fine, or both for selling prohibited substances without prescribed labelling.

Up to 10 years’ imprisonment and ₹5 lakh fine for offences involving athletes Under-18, organised crime networks and commercial operations.

All offences specified in the amendment will be cognizable and non-bailable.

Offences deemed illegal in India will be actionable even if they happen outside the country.

In an attempt to protect genuine medical cases, athletes possessing Therapeutic Use Exemption (TUE) and registered medical practitioners prescribing or administering a banned substance in an emergency with the consent of the athlete will be exempted, provided the athlete applies for a retrospective TUE at the earliest.