• About
  • Advertise
  • Contact
  • Login
NRI Affairs
Youtube Channel
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Other
No Result
View All Result
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Other
No Result
View All Result
NRI Affairs
No Result
View All Result
Home News

SC Dismisses Plea of Minor OCI Cardholders to Represent India in Chess

The plea argued that the Government of India's (GOI) 2005 notification, which had previously granted OCI cardholders the same privileges as Non-Resident Indians (NRIs).

NRI Affairs News Desk by NRI Affairs News Desk
June 3, 2023
in News
Reading Time: 3 mins read
A A
0
SC Dismisses Plea of Minor OCI Cardholders to Represent India in Chess

Source: Canva

147
SHARES
1.3k
VIEWS
Share on FacebookShare on Twitter
Advertisements

Two minor Overseas Citizens of India (OCI), who sought permission to represent the country in national and international chess tournaments, had their Writ Petition dismissed by the Supreme Court on Thursday. The plea aimed to challenge the Indian government’s policy, issued by the Ministry of Youth Affairs and Sports (MYAS) in 2008 and 2009, which restricts OCI cardholders from participating and representing India in international sports events, as reported by Verdictum.

During the hearing conducted by the Vacation Bench consisting of Justice Dipankar Datta and Justice Pankaj Mithal, the question was raised as to why Article 32 was invoked. The Bench expressed concerns about involving minor children in litigation at such an early stage, stating that it would not be advisable.

The judges questioned the feasibility of allowing a 7-year-old child to participate in a tournament solely based on a court order. They suggested that if the policy was deemed arbitrary and incorrect, the appropriate course of action would be to approach the court under Article 226, which deals with the power of High Courts.

Advocate Abhimanyu Bhandari, representing the minor petitioners, argued before the court on behalf of the two minor British nationals with OCI cards. He explained that their father is an Indian national, while their mother is a British national. Advocate Bhandari chose to file the petition under Article 32 because different High Courts had taken divergent views on similar matters. He pointed out that the Delhi High Court and the Chandigarh High Court had expressed conflicting opinions on the subject.

The Supreme Court, expressing their reluctance to hear the case, has issued an order stating, “The writ petition filed under Article 32 is dismissed as withdrawn, with the liberty granted to the petitioners to approach the appropriate High Court under Article 226 of the Constitution.”

In the Writ Petition filed by the minors through their father, it was argued that the prohibition on OCI participation in international chess tournaments on behalf of India is discriminatory, arbitrary, illegal, and violates the rights granted to OCI cardholders under Section 7B of the Citizenship Act, 1955, in conjunction with the Constitution of India.

Advertisements

The petition emphasised that the petitioners, who were previously allowed to participate in national tournaments prior to the contested notifications, have dedicated several years to preparation and training. It asserted that the rights bestowed upon the petitioners cannot be abruptly revoked unilaterally. The plea was filed to safeguard the fundamental rights of OCI cardholders, including the petitioners, under Articles 14, 21, and 21-A of the Constitution of India.

As per Verdictum’s report, the plea argued that the Government of India’s (GOI) 2005 notification, which had previously granted OCI cardholders the same privileges as Non-Resident Indians (NRIs) in terms of economic, financial, and educational benefits, has been unilaterally revoked and curtailed by the GOI’s 2021 notification. This change categorises the petitioners as “foreigners.”

According to the plea, the GOI’s 2021 notification should not be applied retrospectively but only to individuals who obtained OCI cards after March 4, 2021. This interpretation aligns with a previous judgement by the court in the case of “Anushka Rengunthwar & Ors. v. Union of India & Ors.” on February 3, 2023. Therefore, the plea argued that the petitioners should be treated equally with NRIs in the field of education.

Additionally, the plea emphasised that the petitioners in this case are minors and that they can only exercise their right to choose their citizenship once they reach the age of 18. Until then, they are not entitled to renounce any citizenship they already possess. 

The plea also highlighted that the Supreme Court is currently examining a similar legal question regarding whether Overseas Citizens of India (OCI) can be exempted from the norms of the Foreign Exchange Management Act (FEMA), and the court has recently issued a notice to the Central Government regarding this matter.

Share59Tweet37Send
NRI Affairs News Desk

NRI Affairs News Desk

Related Posts

Over 90,000 Indian Students Secure US Visas in Summer 2023
News

Over 90,000 Indian Students Secure US Visas in Summer 2023

September 26, 2023
Indian-Origin 8-Year-Old Marks UK's 1st Drug-Free Transplant
News

Indian-Origin 8-Year-Old Marks UK’s 1st Drug-Free Transplant

September 25, 2023
Indian-Origin Author Chetna Maroo's Debut Novel, 'Western Lane' Makes 2023 Booker Prize Shortlist
Literature

Indian-Origin Author Chetna Maroo’s Debut Novel, ‘Western Lane’ Makes 2023 Booker Prize Shortlist

September 23, 2023
Next Post
Indian-Origin Police Officer's Job Reinstatement Denied after Strip Club Incident in Queensland

Indian-Origin Police Officer's Job Reinstatement Denied after Strip Club Incident in Queensland

India vs Australia WTC Final 2023: A Clash of the Titans

India vs Australia WTC Final 2023: A Clash of the Titans

Cricket: Channel 7 to show ICC World Test Championship Final in Australia

Cricket: Channel 7 to show ICC World Test Championship Final in Australia

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

New Indian Visa Application Centre (IVAC) inaugurated in Central London

New India Visa Application Centre (IVAC) inaugurated in Central London

11 months ago
Aii2 e1650078036143

Australia India Institute fails to calm foreign interference storm

1 year ago
Indian-Origin Man Sentenced for Smuggling Over 800 Nationals into US Using Uber

Indian-Origin Man Sentenced for Smuggling Over 800 Nationals into US Using Uber

3 months ago
India blocks foreign funds to Missionaries of Charity

India blocks foreign funds to Missionaries of Charity

2 years ago

Categories

  • Literature
  • Multimedia
  • News
  • nriaffairs
  • Other
  • People
  • Top Stories
  • Uncategorized
  • Views
  • Visa

Topics

Air India Australia california Canada caste COVID COVID-19 cricket ECTA Europe free trade FTA Germany h1b visa Hindu immigration India india-australia Indian Indian-American Indian-origin Indian Students Khalistan London Melbourne ministry of external affairs Modi New Zealand NRI NSW oci quarantine Queensland Singapore Sydney travel UAE uk Ukraine US USA us visa Victoria visa women
NRI Affairs

© 2021 NRI Affairs.

Navigate Site

  • About
  • Advertise
  • Contact

Follow Us

No Result
View All Result
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Other

© 2021 NRI Affairs.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT