[ad_1]
NEW DELHI: Indian athletes will no longer face the possibility of being imprisoned or being fined heavily for alleged participation in dope-related activities. The clause in the ‘National Anti-Doping Bill 2018’, which mandated imprisonment of up to four years or imposition of fine of Rs 10 lakh on a sportsperson involved with an organised doping syndicate, has been removed after the World Anti-Doping Agency (Wada) objected to this clause, TOI has learned.
The National Anti-Doping Agency (Nada) has made some amendments to the proposed anti-doping legislation and the revised draft of the bill has been circulated among various stakeholders, including the sports ministry and the Indian Olympic Association (IOA), for wider consultation. The legislation was in abeyance for more than a year.
The revised draft has tried to address the ambiguity surrounding criminalisation on part of athletes and coaches. The coaches, too, would only be jailed or fined if their involvement in trafficking prohibited substances to athletes for commercial purposes or their collusion with the syndicate is proven beyond doubt. The criminality will be invoked in exceptional circumstances. In the original bill, the coaches stood the scrutiny of investigating authorities and were liable to be sentenced if their athletes tested positive for banned substances. Now, only the pharmacists and individual entities involved in trafficking drugs to athletes will remain liable for imprisonment and fine of Rs 10 lakh.
According to sources, the criminality part involving athletes was removed because some prohibited substances can legally be purchased and consumed. Their performance-enhancing effect would be illegal in sports but would not stand the general implications of a criminal act. The lawmakers felt that the sanctions available under the existing framework to penalise drug cheats were enough – there’s a provision to ban an athlete for a period of four years for his first-time doping offence and a subsequent life ban for his/her second offence. Similarly, the involvement of coaches and support staff in promoting drug culture among athletes could lead to similar sanctions or complete life ban from sporting activities under the present set-up.
In the draft, the provision has also been made on the insistence of Wada to constitute an independent commission protecting the athletes’ right. This body will be independent of Nada’s disciplinary and panel hearings, as the sportspersons caught in doping have often questioned the fairness of such panels on account of being constituted by Nada itself. Those athletes, not satisfied with the outcome of their dope hearings, can approach this independent body for any grievance. The IOA, too, had earlier objected to such Nada panels, arguing “If the same office and staff of Nada will be re-processing the ADDP/ADAP functions, there cannot be independent decision making on grievances that also imply oversight of Nada”.
The punishment for athletes and coaches found involved in doping will be decided as per Wada’s existing Code. The effort to revive the proposed bill was undertaken after Wada reminded India’s sporting authorities about the country’s obligation to introduce a legislation criminalising doping for being a signatory to the UNESCO’s ‘International Convention against Doping in Sport’. Many signatory countries like Germany, Australia, Italy, France, Austria, Spain, Hungary and Denmark, among others, already have stringent anti-doping laws in place, while several others have established independent tribunals/entities for anti-doping disciplinary procedures. Wada had been putting pressure on Indian authorities for some time to bring in the legislation.
It’s been learned that the revised draft will soon be put up in public domain for suggestions. Once the amendments are approved by the stakeholders, the bill will be introduced in Parliament.
The National Anti-Doping Agency (Nada) has made some amendments to the proposed anti-doping legislation and the revised draft of the bill has been circulated among various stakeholders, including the sports ministry and the Indian Olympic Association (IOA), for wider consultation. The legislation was in abeyance for more than a year.
The revised draft has tried to address the ambiguity surrounding criminalisation on part of athletes and coaches. The coaches, too, would only be jailed or fined if their involvement in trafficking prohibited substances to athletes for commercial purposes or their collusion with the syndicate is proven beyond doubt. The criminality will be invoked in exceptional circumstances. In the original bill, the coaches stood the scrutiny of investigating authorities and were liable to be sentenced if their athletes tested positive for banned substances. Now, only the pharmacists and individual entities involved in trafficking drugs to athletes will remain liable for imprisonment and fine of Rs 10 lakh.
According to sources, the criminality part involving athletes was removed because some prohibited substances can legally be purchased and consumed. Their performance-enhancing effect would be illegal in sports but would not stand the general implications of a criminal act. The lawmakers felt that the sanctions available under the existing framework to penalise drug cheats were enough – there’s a provision to ban an athlete for a period of four years for his first-time doping offence and a subsequent life ban for his/her second offence. Similarly, the involvement of coaches and support staff in promoting drug culture among athletes could lead to similar sanctions or complete life ban from sporting activities under the present set-up.
In the draft, the provision has also been made on the insistence of Wada to constitute an independent commission protecting the athletes’ right. This body will be independent of Nada’s disciplinary and panel hearings, as the sportspersons caught in doping have often questioned the fairness of such panels on account of being constituted by Nada itself. Those athletes, not satisfied with the outcome of their dope hearings, can approach this independent body for any grievance. The IOA, too, had earlier objected to such Nada panels, arguing “If the same office and staff of Nada will be re-processing the ADDP/ADAP functions, there cannot be independent decision making on grievances that also imply oversight of Nada”.
The punishment for athletes and coaches found involved in doping will be decided as per Wada’s existing Code. The effort to revive the proposed bill was undertaken after Wada reminded India’s sporting authorities about the country’s obligation to introduce a legislation criminalising doping for being a signatory to the UNESCO’s ‘International Convention against Doping in Sport’. Many signatory countries like Germany, Australia, Italy, France, Austria, Spain, Hungary and Denmark, among others, already have stringent anti-doping laws in place, while several others have established independent tribunals/entities for anti-doping disciplinary procedures. Wada had been putting pressure on Indian authorities for some time to bring in the legislation.
It’s been learned that the revised draft will soon be put up in public domain for suggestions. Once the amendments are approved by the stakeholders, the bill will be introduced in Parliament.
[ad_2]
Source link