The erudite Judgment of the Madras High Court of June 24 holding that a foreign national who was not an Indian citizen would not be permitted to represent India in international sports competitions and that Persons of Indian Origin (PIO) or Overseas Citizens of India (OCI) who do not carry Indian passports would not be eligible to represent the country deserves to be applauded. An estimated 30 million non-resident Indians of a population of about 1.2 billion Indians live in 180 countries abroad and it is estimated that about 6 million retain their Indian citizenship consciously though they live abroad.
The verdict holds that PIOs or OCIs cannot be equated with Indian nationals in terms of benefits as only such rights which are conferred by notification upon policy decisions are admissible to such foreign sportpersons. No automatic rights flow and an OCI or PIO cannot be equated to dual citizenship. A foreign citizen owing allegiance to the country of which he holds a passport cannot represent India under its national flag in an international sports event. An Indian national relinquishing Indian citizenship for foreign nationality cannot be entitled to the same treatment as an Indian citizen.
The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. By amending the Citizenship Act in 2005, a new category of citizenship i.e. OCI was created with limited benefits. Accordingly, an OCI is only entitled to the privileges notified by the Government of India as per policy decisions. Section 7 B specifically prohibits political and other rights to OCIs who have only multiple entry life long visa facility for visiting India for any purpose any time. Both Article 9 of the Constitution of India and Section 9 of the Indian Citizenship Act categorically prohibit dual citizenship and holding of two nationalities simultaneously of two countries.
When an Indian chooses to become a foreign citizen out of choice, the options are clear and it is a conscious decision to shed the benefits of Indian citizenship. Thereupon, upon gaining the status of an OCI, one cannot gain more than what the status of this demi-citizenship offers. There is no notified promise of any rights to represent the country in any or international sports event on a Indian national becoming an OCI. Hence, non-entitlement to a benefit which does not exist ought not to create a hue and a cry. If you choose to opt out, you cannot come in under an umbrella which never existed.
The decision that only Indians should be allowed to carry the flag of India or walk under it for official representation in international sports is perfectly valid, just and fair. To represent your country at a global sporting event is a matter of great prestige and deserving for only those who are Indian citizens. Only Indian nationals can be part of national sports teams to share the euphoric feeling of participating in an event in which you march under the flag of your country.
The argument raised by some that Indians have excelled by training or expertise acquired abroad and which necessitates their living abroad, espouses little support. Recent examples of Abhinav Bindra, Rajyavardhan Rathore, Sushil Kumar, Vijender Singh, P.T. Usha, Sachin Tendulkar, Viswanathan Anand, Leander Paes, Saina Nehwal, Sania Mirza and Karnam Malleswari excelling in sports internationally leaves no doubt that India nurtures a great talent which needs to be motivated locally. We cannot kill the spirit of enterprise, motivation, devotion and dedication by transplanting ourselves to foreign locations. If we propagate an argument that we can excel only by training, exposure and working out abroad, we will kill the future of Indian sports. Creating a rank and cadre with zeal and zest within India is more important. Encouragement to local talent by providing them facilities, infrastructure and inputs is the need of the hour. Patriotism is a feeling which should induce and fuel your thoughts and sentiment. Criticism of the Indian policy for a favoured few only aborts the spirit.
The success story of a handful foreign Indian sports persons cannot spin a yarn. If you choose to graze on greener pastures, you ought not to aspire to return temporarily to steal a march over others who mingle with the soil and prefer to enjoy its moist flavour. The argument that you need to return abroad again and again to train and acquire expertise does not entitle you to represent your homeland. Sailing in two boats cannot determine your future. If you have to excel, you can do it in India also. If you have the riches, resources and connections, do go abroad, but alone. Leave your citizenship behind. Come back and live in India and represent your country it will make you proud.
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