Become Indian citizens if you want to play for India, Bombay HC tells OCI cricketers

Representative image: The matter will next be heard on November 25. | Photo Credit: Getty Images

The Bombay High Court has observed that young cricketers holding Overseas Citizen of India (OCI) cards who wish to represent India should consider acquiring Indian citizenship, as it heard petitions challenging the Board of Control for Cricket in India’s (BCCI) decision to make an Indian passport mandatory for participation in its tournaments.

A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna was hearing a petition filed by Kavin Kartik, an OCI cardholder, among 12 young cricketers challenging the BCCI’s eligibility rules.

The petitioners’ counsel, Kunal Cheema, assisted by advocate Datta Mane, argued that the players, who study and live in India, were seeking permission to participate only in domestic tournaments. Such participation would help them build statistical records necessary to qualify for commercial competitions, including the Indian Premier League (IPL).

Cheema submitted that the restriction was introduced only in 2023 and that OCI cardholders had previously been allowed to participate in domestic cricket under the BCCI’s aegis.

The bench, however, pointed to the abundance of cricketing talent in India and questioned why the petitioners could not seek Indian citizenship if they were keen to represent the country.

“Why don’t you take a citizenship of India? If you are so much desperate to represent India why don’t you become Indian citizen?” Chief Justice Tripathi remarked, adding that the players would have to make a choice between retaining their OCI status and seeking eligibility to play for India.

Senior advocate Dr Birendra Saraf, appearing for the BCCI, submitted that the Citizenship Act did not permit OCI cardholders to represent India at the international level. He also argued that the board invested in training and grooming domestic players and that cricket could not be claimed as a source of livelihood by the petitioners.

Cheema countered that sport was an important aspect of education and contributed to a child’s overall development. He said he would place international conventions before the court to argue that children could not be compelled to change their citizenship.

The court clarified that it was not compelling the petitioners to change their citizenship. It directed the BCCI, the Centre and the petitioners to inform it about the status of citizenship applications filed by OCI cardholders seeking to become Indian citizens.

The Centre is yet to file its affidavit in the proceedings. The matter will next be heard on November 25.

The participation of OCI cardholders in Indian sport has long been debated, particularly in football, where the eligibility of players of Indian origin holding foreign passports has drawn attention amid efforts to widen the domestic talent pool.