BCCI dragged to court for using ‘Team India’ name!! HC finally breaks silence on matter
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The Delhi High Court recently rejected the PIL, calling out the team operated by the BCCI as 'Team India' or the 'Indian National Cricket Team.' However, the Bench of Chief Justice Devendra Kumar Upadhyaya has questioned the litigant and dismissed the argument as a sheer waste of the court's time.
The plea sought directions against Prasar Bharati, a statutory body that operates Doordarshan and All India Radio. The plea was filed for continuing to refer to the private body BCCI's team as the national team of India.
It pointed out that BCCI is a private society under the Tamil Nadu Societies Registration Act, 1975. Furthermore, the petitioner relied on RTI replies from the Union Ministry of Youth Affairs and Sports, which clarified that the BCCI is neither recognized as a National Sports Federation nor is cricket an eligible sport for government funding.
A PIL was filed against the actions of Prasar Bharti platforms
Despite the above legal position, the PIL stated that Prasar Bharti still continues to use national symbols as well as the flag while referring to the BCCI's cricket team.
"Prasar Bharati platforms such as Doordarshan and All India Radio continue to refer to the BCCI team as 'Team India' or the 'Indian National Team', with the Indian National Flag in the cricket tournament of BCCI and implicitly confer national status on a private association, thereby creating a false impression in the public mind and granting unwarranted commercial legitimacy to a private entity," the plea said.
The petitioner further went on to protest against the practice, which violates the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Flag Code of India, 2002, both of which regulate the use of national games and flags and symbols.
"The misuse of the national name and flag by these public broadcasters not only misleads the citizens of India but also erodes the sanctity of national identity and symbols, which should be protected as a matter of constitutional propriety and public trust," the petition read.
"This writ petition is being filed to ensure that national names, symbols and the Indian National Flag are not misused or associated with private commercial entities like the BCCI without proper statutory authority or recognition," the plea stated, emphasising the need to "safeguard public trust and prevent citizens of India from being misled into believing that the BCCI officially represents the country as the 'Indian National Cricket Team'."
Delhi High Court Chief Justice dismisses the BCCI matter with a strict statement
The PIL, which was filed by Lawyer Reepak Kansal, argued on the fact that since the BCCI is a private entity, referring to its team as the National team of India was misleading as well as a malpractice.
"Are you saying that the team does not represent India? The team which is going and playing everywhere, they are misrepresenting? Forget about BCCI. If Doordarshan or any other authority projects it as team India, is it not team India?" the bench questioned the litigant.
"Are you aware of the rules of the 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," added CJ Upadhyaya-led Bench, further remarking that the plea was a "sheer wastage of time".
PIL mentioned that such a portrayal has commercial implications
The PIL sought directions to restrain public broadcasters from using the national symbols as well as the names in association with the BCCI unless the government allows them for formal recognition through statutory means.
It also highlighted that this portrayal has commercial implications, saying: "The said false representation by the respondents has been helping a private association to earn profit in the name of the country. When government-owned broadcasters like Doordarshan and All India Radio project the BCCI team as the 'Indian National Team,' it creates the false impression that BCCI has official or governmental status."
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