The Delhi High Court on Wednesday dismissed a petition that sought to prohibit Prasar Bharati, the government-funded broadcaster that operates Doordarshan and All India Radio, from referring to the Board of Control for Cricket in India’s (BCCI) team as “Team India” or the “Indian National Team.”
A bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela came down heavily on the petition filed by advocate Reepak Kansal, calling it a “wastage of the court’s time.”
Petitioner’s Arguments
Kansal argued that BCCI is a private body registered under the Tamil Nadu Societies Registration Act and that describing its team as “Team India” by public broadcasters effectively gives it official national status. The petition claimed this portrayal amounts to misrepresentation and confers undue commercial advantage on BCCI.
The plea further stated that BCCI uses the national flag, the name “India,” and other national symbols during its events and broadcasts, which allegedly violated the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Flag Code of India, 2002. According to the petitioner, “arbitrary use of the national name India by a private body like BCCI, without any statutory mandate or notification, violated the principles of fairness.”
Court’s Observations
Rejecting these arguments, the bench said there was no legal violation in BCCI’s use of the flag or the national name during matches, or in its coverage by public broadcasters.
“Today any private person can unfurl the flag. If you want to unfurl a flag in your house, are you prohibited from doing so? Where is the violation of Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950? Are you saying the team does not represent India? This (BCCI’s) team, which is going everywhere and representing India, you are saying that they don’t represent India? Is it not Team India? If it is not Team India, please tell us why it is not Team India?” the bench remarked.
The judges also questioned the petitioner’s understanding of how sports governance functions in the country. “Are you aware of how the entire ecosystem in sports functions? According to you, if the government officials in the Department of Sports select the team, then only that team will be representing India? This is sheer wastage of the court’s time. You should file better Public Interest Litigations (PILs). We’re inclined to dismiss it,” the bench observed.
The court dismissed the petition, holding that neither the use of the flag by BCCI nor the terminology used by Prasar Bharati amounted to any statutory violation.
