Sports Minister Mansukh Mandaviya renews efforts to outlaw doping as 2018 anti-doping bill provisions ignite new discussions within the IOA.

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In light of Sports Minister Mansukh Mandaviya’s initiative to criminalize doping, the focus has returned to provisions in the 2018 draft anti-doping bill that propose jail time and substantial fines for suppliers of banned substances. This has reignited conversations and pushback from organizations such as the Indian Olympic Association (IOA).

The criminalization of doping was a significant topic at the World Anti-Doping Agency’s (WADA) Global Anti-Doping Intelligence and Investigations Network (GAIIN) Final Conference held here on Thursday.

WADA President Witold Banka emphasized his support for governments to criminalize doping, specifically targeting suppliers and facilitators like dishonest coaches and managers, while protecting the interests of athletes.
Less than a decade ago, India had taken steps toward criminalizing doping based on recommendations from a committee led by Justice (Retd) Mukul Mudgal, who also investigated the 2013 IPL spot-fixing scandal in Indian cricket.

“…any individual who supplies prohibited substances to an athlete regularly for commercial reasons shall be deemed guilty of the offence of ‘trafficking’ and shall face simple imprisonment of up to one year along with a potential fine up to Rs 10 lakh,” stated the draft bill.

“Anyone involved in an organized crime syndicate shall be punished with simple imprisonment for up to four years and may also incur a fine of up to Rs 10 lakh,” it continued.

Nonetheless, these pivotal provisions were removed from the bill that was ultimately enacted in 2022, which was later amended last year. At that time, the government favored a “preventive legislation” approach over criminal legislation. The IOA opposed the proposed penalties, with then-secretary general Rajeev Mehta arguing that the supply of Performance Enhancing Drugs (PEDs) cannot be fully criminalized since many are legal for non-sporting activities.

On Thursday, Mandaviya indicated that revisiting these stringent proposals is a possibility.

India, which has ranked highest on WADA’s global list of doping offenders for the last three years, is aiming to host the Olympics in 2036 and has already secured the 2030 Commonwealth Games.

“We are working on implementing criminal provisions for athlete support staff or other individuals involved in trafficking and administering banned substances,” Mandaviya stated, making it clear that coaches encouraging the use of banned substances would face repercussions.

At present, India lacks legal provisions to address the supply of banned substances to athletes, and disciplinary actions are limited to bans that may last a lifetime, depending on the severity of the offence.

“Doping is no longer merely an individual issue; it has become an organized multi-national enterprise. The threat of doping jeopardizes sports as India seeks to establish itself as a global sporting hub. Regulations alone are insufficient. Ethics and values are fundamental to sports, but the increasing pressure of competition can lead to doping,” Mandaviya emphasized.

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