National Anti-Doping Act Amendments: India Proposes Public Searches, 24-Hour Detention

The Sports Ministry has proposed fresh changes to the recently-amended National Anti Doping Act. The draft would make trafficking and distribution of banned substances to athletes a criminal offence.

Suppliers could face up to five years in jail. The proposal also covers medical practitioners who knowingly prescribe prohibited drugs for doping.

The draft amendments have been placed on the Sports Ministry’s website for public feedback. Submissions are open until June 18. Sports Minister Mansukh Mandaviya said the government will consider the responses. Mandaviya said the amended bill will be introduced in Parliament during the upcoming monsoon session.

National Anti Doping Act amendments propose tougher jail terms

The draft sets out penalties for those involved in administering or applying banned substances. "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 said the focus must shift from users alone to organised supply networks. "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."

Mandaviya said the net should cover anyone with direct access to athletes. This can include coaches, managers, fellow athletes, or other intermediaries. Mandaviya said those proven to be part of the supply chain will face prosecution. Mandaviya has also backed stronger awareness drives to address doping.

National Anti Doping Act changes target trafficking and medical prescriptions

The proposal also deals with prescriptions and other forms of supply. "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."

This approach revives ideas discussed earlier by the government. A similar provision was proposed in 2018. That draft sought four years in jail and a Rs two lakh fine. It aimed at organised syndicates and other suppliers. Those provisions were later removed from the bill passed in 2022.

After the Act passed in 2022, it was amended again last year. The government then preferred prevention over criminal penalties. The latest draft marks a shift back towards criminal action. It also expands liability to medical practitioners. This applies where a doctor knowingly supports doping through prescriptions.

National Anti Doping Act draft lists exemptions and Therapeutic Use Exemption rules

The draft allows exceptions for certified medical needs under Therapeutic Use Exemption, or TUE. It also protects doctors in emergency care situations. However, athletes must show they were not at fault in such cases. "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."

The proposal says doctors will not face liability in specific TUE and emergency scenarios. "There shall be no liability for the relevant medical practitioner, regardless of whether the Therapeutic Use Exemption is granted or declined, it said." The draft also places responsibility on athletes to follow the TUE process under the Act.

Mandaviya had earlier raised criminal penalties as a key issue at WADA’s Global Anti-Doping Intelligence and Investigations Network, or GAIIN, Final Conference. India has topped WADA’s global list of dope offenders for the past three years. The country is also aspiring to host the Olympics in 2036, and has bagged the 2030 Commonwealth Games.

The proposed changes now await public comments until June 18. After that, the Sports Ministry plans to finalise the draft for the monsoon session. The draft sets out jail terms and fines for suppliers and others involved. It also outlines exceptions linked to TUE and emergency care, while keeping athlete responsibility central.

With inputs from PTI