Can OCIs play in BCCI tourney? HC asks Centre
MUMBAI, Sept. 11 -- The Bombay high court on Thursday sought the central government's stand on whether young cricketers who are Overseas Citizen of India (OCI) cardholders should be allowed to participate in domestic tournaments organised by the Board of Control for Cricket in India (BCCI).
A division bench of chief justice Maheshchandra Tripathi and justice Advait Sethna said it was not against young OCI cardholders playing cricket in India and developing their careers, but allowing them to participate in tournaments organised by the BCCI, which governs Indian cricket, could have "wider implications". Therefore, it was necessary to take the central government's stand on the matter, the bench said.
Twelve teenage cricketers holding OCI cards had filed a petition in 2024, challenging a 2023 BCCI resolution declaring foreign passport holders, including Persons of Indian Origin (PIO) or OCI cardholders, ineligible to participate in its tournaments. The cricketers were aged between 12 and 17 when the petition was filed.
The petition argued that the resolution had modified the eligibility criteria under which PIO and OCI cardholders were earlier allowed to play in BCCI-organised tournaments. "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 living 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".
During an earlier hearing, 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 by board members who are experts in the field.
On Thursday, the petitioners' lawyer, advocate Datta Mane, clarified that they are not seeking to represent India at the international level.
"They are minor players. The BCCI has taken the decision on its own. If, as children, we aren't allowed to play now, then what about our rights, our development?" Mane said. He argued that if the players are denied the opportunity to play in India at this age, it could affect their sporting development.
The court observed that, since the central government's stand is that OCI players cannot represent India, the distinction is important. It also rejected the petitioners' argument that if foreign players are permitted to participate in the Indian Premier League (IPL), then why not in other domestic tournaments. "That (IPL) is a different entity altogether. That is a commercial venture. Do not mix both the things; they (IPL players) aren't representing the country," the chief justice said.
The bench, however, clarified that it was not against young cricketers' right to develop through sports.
"We aren't against the child's rights to play and develop. We haven't made up our mind yet. We just want to know the version of the State. That's it," it said.
Accordingly, the court directed that the central government be made a party in the petition and a notice be issued, returnable within three weeks. The matter will now be heard on October 14....
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