The Delhi High Court recently dismissed a PIL that sought to describe the BCCI-run team as ‘Team India’ or the ‘Indian national cricket team’. However, a bench of Chief Justice Devendra Kumar Upadhyay questioned the plaintiff and rejected this argument, terming it a waste of the court’s time.
The petition sought directions against Prasar Bharati, the statutory body that operates Doordarshan and All India Radio. A petition was filed to allow the private body BCCI to continue referring to the team as the Indian national team.
It was told that BCCI is a private society. Tamil Nadu Societies Registration Act, 1975. Further, the petitioner relied on RTI replies from the Center The Ministry of Youth Affairs and Sports clarified that BCCI is neither recognized as a national sports federation nor is cricket an eligible sport for government funding.
A PIL was filed against the action of Prasar Bharati platforms
Despite the above legal position, the PIL states that Prasar Bharati still continues to use the national symbols as well as the flag when referring to the BCCI cricket team.
“Prasar Bharati platforms like Doordarshan and All India Radio refer to the BCCI team as ‘Team India’ or ‘Indian National Team’ with the Indian national flag in BCCI’s cricket tournaments and indirectly confer national status on a private association, thereby creating a false impression in the public mind and giving undue commercial legitimacy to a private entity,” the plea said.
The petitioner further protested against the practice, which violates the emblems and names (Prevention of Improper Use) Act, 1950, and the Flag Code of India, 2002, both regulate the national games and use of flags and symbols.
“The misuse of the national name and flag by these public broadcasters not only misleads the citizens of India but also destroys the sanctity of the national identity and symbols, which must be protected as a matter of constitutional propriety and public trust,” the plea said.
“This writ petition is being filed to ensure that the national names, symbols and the Indian National Flag are not misused or associated with private commercial entities like BCCI without proper statutory authority or recognition,” the petition said.
Chief Justice of Delhi High Court dismisses BCCI case with strong statement
The PIL, filed by lawyer Reepak Kansal, argued the fact that since BCCI is a private body, referring to its team as the Indian national team is misleading as well as malpractice.
“Are you saying that the team does not represent India? The team which is going everywhere and playing is misrepresenting it? Forget about BCCI. If Doordarshan or any other authority projects it as Team India, is it not Team India?” The bench questioned the plaintiff.
“Are you aware of the IOC rules? [International Olympic Committee]Are you aware of the Olympic Charter? Olympic Movement? Are you aware that in the past, wherever there has been government interference in sports, the IOC has faced severe criticism,” the bench led by CJ Upadhyay said, further noting that the petition was a “sheer waste of time”.
The PIL noted that such depictions have commercial implications
The PIL sought directions to the public broadcasters to stop using the national symbols as well as names in association with the BCCI, unless the government allows them formal recognition through statutory means.
It also highlighted that this portrayal has commercial implications, saying: “The said misrepresentation by the respondents is helping a private consortium make profits in the name of the country. When government-owned broadcasters like Doordarshan and All India Radio present the BCCI team as the ‘Indian national team’, it creates a false impression that the BCCI has official or government status.”
Also read: Virat Kohli, Rohit Sharma to reunite with Team India ahead of second Test against West Indies
