'Only Indians can play in domestic tournaments'
MUMBAI, July 18 -- The Board of Control for Cricket in India (BCCI) on Friday informed the Bombay High Court that Overseas Citizen of India (OCI) cardholders are not permitted to participate in domestic tournaments, while also clarifying that only Indian nationals are considered for selection into the national team to represent India.
A division bench of acting chief justice Ravindra Ghuge and justice Gautam Ankhad was hearing a petition filed by 12 young cricketers holding OCI cards. The petition challenged the BCCI's 2023 resolution declaring foreign passport holders, including Person of Indian Origin (PIO) or OCI cardholders, ineligible to participate in tournaments organised by the board.
The petition, filed in July 2024, contended that the BCCI's decision modifies the eligibility criteria under which PIO and OCI cardholders were earlier allowed to play tournaments organised by the board. "The sudden change in the eligibility criteria is arbitrary, without application of mind and, hence, violative of Article 14 of the Constitution of India," the petition said.
Stating that they have been staying in India for years, the petitioners argued that it was "gross injustice and discrimination" to deny the children of OCIs proper avenues on the extracurricular and sports fronts, which is "essential for the growth and overall development of any human being".
"The parents of the petitioners are on the same pedestal in terms of contribution to the nation in terms of direct and indirect taxes, as any other citizen is. Should their children not be entitled to be treated equally? Would it not be harsh to expect that they may have to compulsorily leave the country to pursue their dreams out of India and leave behind their family?" the petition said. It added that the petitioners' parents, who are Indians, would be forced to incur a heavy financial burden to send them abroad.
During an earlier hearing last year, the BCCI had argued that it had already informed OCI cardholders that there would be no restrictions on their participation in tournaments if they obtained Indian citizenship. It said that this was a collective decision of the board, which comprises experts in this field.
During the hearing on Friday, the petitioners informed the court that some of them had trained and competed in India for years and had already applied for Indian citizenship, but their applications remain pending. They highlighted that the BCCI's decision was "manifestly arbitrary" because OCI cardholders were previously permitted to participate in domestic tournaments.
The court, however, was of the opinion that the players' future prospects would be better abroad. "Why don't you play there, as there can be better chances for you to get selected, because in India everyone plays cricket," the judges remarked, adding that the petitioners can return to India in the future if they wish to.
"India is your parents' motherland; come back to India. But if your country is not letting you renounce your citizenship, that is a different matter," the bench said, after being told by the BCCI that the petitioners and their parents would have to take a "conscious decision" on this....
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