Can't Deny Opportunity To Compete In Sporting Events Due To Absence Of Birth Certificate Owing To Socio-Economic Backwardness: Delhi HC
The Delhi High Court has observed that not having birth certificates/ other documents evidencing the age of a person cannot be a ground to deny them the opportunity of competing in sporting events.
The Court was considering Writ-Petitions assailing the conditions stipulated in the communication/notice issued by the Respondent no.1 whereby the affiliated units of the Respondent no.1 were intimated about the 74th Junior National Basketball Championship scheduled to be held from 8th to 14th May, 2024.
The single-bench of Justice Sachin Datta observed, "This Court cannot be oblivious of the fact that on account of socioeconomic backwardness, it may not have been feasible in some cases, to obtain the birth certificates/other documents evidencing the age of the person within certain years from the date of birth. However, merely for this reason such persons cannot be denied the opportunity of competing in sporting events."
The Petitioners were represented by Advocate Amartya Bhushan while the Respondent was represented by Advocate T. Mahendhran.
Facts of the Case
The Petitioners were aggrieved with the stipulation regarding age verification contained in the said communication/notice. It was the case of the Petitioners that the said stipulation is wholly illegal and arbitrary inasmuch as it deprives the petitioners of a level playing field/opportunity to compete/participate in basketball sporting events despite being otherwise eligible. It is submitted that the Petitioners fully meet the eligibility criteria for participation in the basketball events mentioned in the said communication/notice, as well as in similar events. However, they were being unfairly deprived of this opportunity solely due to the lack of access to proper documents verifying their age, which is on account of the Petitioners’ backward/socio-economic conditions. It was submitted that there is no rationale whatsoever to prescribe that the birth certificate issued by the concerned authority recording the date of birth of the petitioners, must have been issued within five years from their birth.
It was further submitted that for the purpose of ascertaining the age of the petitioners, the provisions of “National Code against Age Fraud in Sports” issued by the respondent/Ministry of Youth Affairs and Sports must be taken recourse to.
It was thus contended that insistence upon a certificate issued within five years of the date of birth of the concerned athlete, is in direct contravention of the National Code against Age Fraud in Sports
It was the stand of Respondent No. 4/Union of India that BFI must adhere to the National Code against Age Fraud in Sports which provides for mandatory medical examination on the first occasion an athlete/ sportsperson participates in any age restricted competition
Reasoning By Court
The Court at the outset declined to countenance with the Respondent's submission that there is a lack of proper facilities and infrastructure to conduct the requisite procedure for determining the age of the players.
"As can be seen, the National Code against Age Fraud in Sports clearly sets out in detail the procedure of medical and scientific testing parameters; the same form part of Annexure-2 of the Code. There is nothing to suggest that the said medical test parameters are not efficacious for the purpose of determining the age of the player. Further, the Code clearly contemplates that the cost for medical examination conducted by SAI and NSFs shall be reimbursed by the Government," the Court observed.
The Court went on to note that it is unfortunate that the counter-affidavit filed on behalf of the respondent does not even advert to, much less deal with hardship that will be caused to sportspersons such as the petitioners herein who will be deprived of participating in basketball events despite being otherwise qualified, competent and proficient, simply for want of an age certificate obtained within certain years from the date of their birth.
The Court was of the view that it cannot be oblivious to the socio-economic background of the petitioner with respect to their ability to get the birth certificate.
"......this Court finds merit in the contentions of the petitioners. The concerned eligibility rule/criteria as assailed in these writ petitions is accordingly set aside. Respondent no.1 is directed to adhere to the provisions of the National Code against Age Fraud in Sports," the Court observed.
The Petitions were accordingly allowed.
Cause Title: Deepak Jain & Ors. vs. Basketball Federation Of India & Ors (2025: DHC:612)
Appearances:
Petitioners- Advocate Amartya Bhushan, Advocate Yojit Mehra
Respondent- Advocate T. Mahendhran
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