Daijiworld Media Network – New Delhi
New Delhi, Jan 22: The Supreme Court is scheduled to hear on Thursday a plea challenging the alleged unauthorised use of the name “India” and the Indian National Flag by the Board of Control for Cricket in India (BCCI).
The appeal has been filed by advocate Reepak Kansal, who has sought a declaration that the BCCI’s use of the name “India” and portrayal of its cricket team as “Team India” violates the Emblems and Names (Prevention of Improper Use) Act, 1950, the Flag Code of India, 2002, and provisions of the National Sports Development Code of India, 2011.
A bench headed by Chief Justice of India Surya Kant is expected to take up the matter.
In his petition, Kansal argued that only National Sports Federations (NSFs) recognised by the Government of India are legally entitled to use the word “India” in their name, select teams to represent the country at international events, and receive official recognition and funding. He contended that the BCCI, being a private body and not a recognised NSF, lacks the authority to represent the country or use the national identity for its teams.
Referring to Clauses 3.6, 3.7 and 9.3 of the Sports Code, Kansal maintained that the code is mandatory and binding, and that unrecognised bodies are expressly barred from representing India at international forums.
The plea further alleged that Prasar Bharati, a statutory broadcaster, continues to portray the BCCI-managed cricket team as “Team India” on Doordarshan and All India Radio without any formal authorisation from the government. This, the petitioner claimed, amounts to misrepresentation, commercial exploitation of national identity and violation of statutory norms.
Kansal has sought a writ of mandamus directing the Union of India and other authorities to restrain private bodies, including the BCCI, from being projected as national teams without statutory recognition. He has also requested a writ of prohibition against government-run broadcasters from referring to the BCCI-managed team as the Indian national team.
The appeal was filed after the Delhi High Court dismissed Kansal’s writ petition on October 8 last year. Kansal has argued that the High Court erred in rejecting his challenge, reiterating that the BCCI is a private association registered under the Tamil Nadu Societies Registration Act and not a recognised National Sports Federation under the 2011 Sports Code.