Today, On 8th October, Delhi High Court has rejected a PIL seeking to change the name of the Indian cricket team. The Court said, “Are You Saying the Team Doesn’t Represent India?” emphasizing the team represents the nation.
The Delhi High Court dismissed a plea that sought to prevent the Board of Control for Cricket in India (BCCI) from referring to the national cricket team as the Indian cricket team.
A Division Bench, consisting of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, criticized the petitioner, advocate Reepak Kansal, for bringing forth the public interest litigation (PIL).
Justice Gedela remarked,
“Are you saying the team doesn’t represent India? This team, which is going everywhere and representing India, you are saying they don’t represent India? Is it not Team India? If it is not Team India, please tell us why is it not Team India,”
Chief Justice Upadhyaya added that the PIL was simply a waste of the court’s and the petitioner’s time.
The Court observed,
“It is sheer wastage of the court’s time and your own time… Tell us about a national team, in a single sport which is selected by the government officials. Whether the Indian contingent taking part in the Commonwealth Games, Olympics… Are they selected by the government officials? Do they not represent India? Hockey, football, tennis, anything, any sport,”
The court noted that the mere use of the Indian flag by the team does not constitute a legal violation.
“If you want to unfurl a flag in your house, are you prohibited from doing so?”
Furthermore, the Court highlighted that international organizations have frequently opposed governmental interference in sports.
The Court stated,
“Are you aware as to how the entire ecosystem in sports functions? Are you aware of the rules of IOC [International Olympic Committee]? Are you aware of the Olympic charter? Olympic movement? Are you aware that in the past, wherever there has been government intervention in sports, the IOC has come down heavily,”
In conclusion, the Court dismissed the PIL.
The Public Interest Litigation (PIL) filed by Kansal argued that the BCCI is a private entity registered under the Tamil Nadu Societies Registration Act and is not a statutory body or a State as defined under Article 12 of the Indian Constitution.
The petition asserted that the Ministry of Youth Affairs and Sports has clarified through several Right to Information (RTI) responses that the BCCI is not recognized as a National Sports Federation (NSF) and does not receive financial support from the government in that capacity.
Despite this, government media platforms continue to refer to the BCCI cricket team as “Team India” or the “Indian National Team” and utilize Indian national symbols like the flag during cricket broadcasts, the plea contended.
The plea stated,
“This practice amounts to misrepresentation and could potentially violate the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002, which regulate the use of the national name, flag and symbols,”
It further argued that the misuse of the national name and flag by public broadcasters misleads citizens and undermines the sanctity of national identity and symbols, which should be preserved as a matter of constitutional propriety and public trust.
As a result, Kansal sought to prevent the BCCI from depicting the team as a national team and requested that the national broadcaster Prasar Bharatiya refrain from referring to the BCCI cricket team as Team India or the Indian National Team.