Why Did the Delhi HC Dismiss the PIL Against BCCI Being Called 'Team India'?

Synopsis
Key Takeaways
- The Delhi High Court dismissed a PIL regarding the BCCI's representation.
- Legal frameworks were cited concerning the use of national symbols.
- The court emphasized the importance of accurate representation in sports.
- The ruling clarifies the BCCI's status as a private entity.
- Public trust in national identity is crucial.
New Delhi, Oct 8 (NationPress) The Delhi High Court on Wednesday rejected a public interest litigation (PIL) that challenged the "unjust and misleading representation" of the Board of Control for Cricket in India (BCCI) as the official "Indian National Cricket Team" by government-run broadcasters Doordarshan and All India Radio (AIR).
"Are you suggesting that the team does not represent India? The team that is competing globally, is it misrepresenting? Forget about BCCI. If Doordarshan or any authority presents it as Team India, isn't it Team India?" questioned a Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela during the proceedings.
"Are you familiar with the regulations of the IOC [International Olympic Committee]? Do you understand the Olympic charter? In the past, government interference in sports has faced severe repercussions from the IOC," the Chief Justice remarked, deeming the petition a "total waste of time".
Instructing advocate Reepak Kansal to "submit more reasonable PILs," the Delhi High Court proceeded to dismiss the case.
The petition sought orders against Prasar Bharati, the statutory body that oversees Doordarshan and AIR, to stop referring to the privately-run BCCI team as the national team.
It highlighted that the BCCI is a private society registered under the Tamil Nadu Societies Registration Act, 1975, and does not qualify as a statutory body or a "State" under Article 12 of the Constitution.
Additionally, the petitioner cited RTI responses from the Union Ministry of Youth Affairs and Sports, clarifying that the BCCI is not recognized as a National Sports Federation (NSF) and that cricket is not listed among sports eligible for government funding.
The BCCI has also not been officially designated as a "public authority" under Section 2(h) of the RTI Act, 2005. Despite this legal context, the PIL observed that Prasar Bharati continues to employ national symbols and language while referring to the BCCI’s cricket team.
"Prasar Bharati platforms like Doordarshan and AIR persist in calling the BCCI team 'Team India' or the 'Indian National Team,' featuring the Indian National Flag during BCCI tournaments, thereby falsely attributing national status to a private organization, which misleads the public and grants undue commercial legitimacy to a private entity," the petition stated.
The petitioner argued that this practice violates the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Flag Code of India, 2002, which regulate the use of national names, flags, and symbols.
"The inappropriate use of national names and the flag by these public broadcasters not only misleads Indian citizens but also diminishes the integrity of national identity and symbols, which should be preserved as a matter of constitutional propriety and public trust," the petition asserted.
It also noted that this portrayal has financial implications, stating: "This false representation allows a private organization to profit in the name of the nation. When government-owned broadcasters like Doordarshan and AIR present the BCCI team as the 'Indian National Team,' it creates a misleading assumption that the BCCI holds official or governmental status."
The PIL sought measures to prevent public broadcasters from associating national names and symbols with the BCCI without formal government recognition through legal means.
"This writ petition aims to ensure that national names, symbols, and the Indian National Flag are not misused or linked to private commercial entities like the BCCI without proper statutory authority or recognition," the plea emphasized, underlining the importance of "protecting public trust and preventing citizens from being misled into believing that the BCCI officially represents the country as the 'Indian National Cricket Team.'"