CHENNAI: Just the other day World Anti-Doping Agency chief Witold Banka reminded sports firmament that when it comes to performance enhancing drugs and illegal steroids, India leads the pack. Days later, Indian athletes topped charts of the Athletics Integrity Unit’s (World Athletics’ anti-doping watchdog) charts as the biggest offenders of doping in the world.
While speaking at the Global Anti-Doping Intelligence and Investigations Network (GAIIN) Final Conference in New Delhi last month, Banka said, “The main target, the biggest producer of the world, is in India. There is no doubt that the biggest production of illegal performance-enhancing drugs and illegal steroids is in India.” And one of the priorities of Indian authorities should be to target these supply chains. There were meetings with Central Bureau of Investigation officials as well and there was some kind of an agreement reached to engage with INTERPOL to crackdown on these supply chains.
Though the National Anti-Doping Agency has been closely working with the intelligence wing of the WADA and also had been conducting raids with their assistance, they did not have provision to initiate criminal proceedings against perpetrators – a provision omitted when the Act was made. Days after the GAIIN conference, the sports ministry has proposed an amendment to the Act and placed the content for public engagement that would criminalise possession of banned substances and for aiding and abetting. The proposed amendment also would make trafficking illegal. This will be under the provision 25B. The WADA chief too said that India can follow their country Poland's anti-doping policy that makes possession of banned substances criminal. "I encourage governments to criminalise doping. I can say from my example in Poland as a minister of sport and tourism we introduced a new legislation where we criminalised doping," he had said.
Coming back to the proposed amendment, it says that this provision would apply to any person "committing, aiding or abetting the activities specified under section 25B, including such activities committed outside India, which if committed in India, would constitute an offence under section 25B.”
This will also mean that apart from searching, authorities will have the wherewithal to criminal action against perpetrators. The two main points covering this are list under 25B Provisions relating to offence. It says, “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 also covers those individuals who “administers or applies to an athlete, for the purpose of or in connection with doping in sport: (a) a prohibited substance, or (b) a 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 also keeps in mind the illegal supplements that have infiltrated the market which may contain banned substance and are not labelled. There have been incidents when drugs that are not approved by Indian authorities or are available online led to multiple anti-doping rule violations. One such drug is Ligandrol, a Selective Androgen Receptor Modulators (SARMs) which is not approved for human use. But many athletes have tested positive for the substance and have been banned. This too could have criminal implications if the amendment is made part of the Anti-Doping Act.
Any officer authorised by the central government can now search any individual, building, vehicle, conveyance or place if “there is a reason to believe that any offence punishable under this Chapter has been, or is being, committed, and take possession of any prohibited substance and… document”. All offence would be cognizance and non-bailable. “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), all offences specified under this Chapter shall be cognizable and non-bailable,” says the proposed amendment.
It is not related to officials who can search and seize but also informers. The proposed amendment has made provisions to protect the identity of whistleblowers. “Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), all offences specified under this Chapter shall be cognizable and non-bailable,” it says.