The Supreme Court expressed reluctance on Thursday to hear a petition filed on behalf of Overseas Citizen of India (OCI) children challenging a ban on their participation in national chess tournaments.
A vacation bench of Justice Dipankar Datta and Justice Pankaj Mithal stated that it would like to first benefit from a High Court ruling on the matter.
“Do not initiate such young children into litigation at this age like this. Go before the (Article) 226 court (High Court). We will not allow a 32 like this. Let us have the benefit of the High Court’s view,” the bench noted.
The petitioners’ counsel, Advocate Abhimanyu Bhandari, then requested permission to withdraw the plea and appeal to the appropriate court, which was granted.
On March 24, 2023, the Supreme Court requested a response from the Central Government, the Telangana State Chess Association, and the All-India Chess Federation to a petition filed by two minor OCIs.
The petitioners are twin chess players who are challenging government notifications and policies that prevent them from competing in national-level chess tournaments.
It was noted that the petitioners had lived in India since birth and had won chess tournaments.
“Despite the Petitioners have already qualified to represent India in upcoming international championships like U-8 World Championship and U-8 Asian Chess Championship, and despite registration on 15.12.2022 to play in the National School Tournament for chess to be held in Hosur between 27th January to 31st January, 2023, the Petitioners were denied participation,” the plea stated.
The petitioners objected to a policy that prohibits OCIs from representing India in international tournaments.
Chess competitions are an individual sport with no limit on the number of participants who can compete, according to the petition. Furthermore, it was argued that the challenged policy decisions violated the United Nations Convention on the Rights of the Child.
The petitioners can only renounce/surrender their British citizenship once they reach the age of 18, despite the fact that India, unlike the United Kingdom, does not allow for dual citizenship, according to the plea.
As a result, it was argued that minors born and residing in India who are registered as OCI cardholders should be granted the same dual citizenship rights as minors born outside India.
