Don't initiate young children into litigation: Supreme Court in plea by minor OCIs challenging ban from national chess tournaments

The Supreme Court on Thursday expressed its reluctance to entertain a plea filed on behalf of Overseas Citizen of India (OCI) children challenging a bar on their participation in national chess tournaments. [Amaya Agarwal and anr v. All India Chess Federation and ors].A vacation bench of Justices Dipankar Datta and Pankaj Mithal said that it would like to have the benefit of a High Court's ruling on the issue first."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," Justice Datta remarked.Counsel for the petitioners Advocate Abhimanyu Bhandari then sought liberty to withdraw the plea and move the appropriate court, which was allowed..The Supreme Court had on March 24 this year sought the response of the Central government, the Telangana State Chess Association and the All-India Chess Federation on the plea by two minor OCIs.The petitioners are twins and chess players challenging government notifications and policy prohibiting them from participating in national-level chess tournaments.It was pointed out that the petitioners have lived in India since birth, and have won accolades in 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 petitioners raised grievance with a policy that bars OCIs from representing India in international tournaments..Chess competitions are an individual sport and place no embargo on the number of participants who can compete, the plea stated. Further, the policy decisions under challenge are also against the United Nations Convention on the Rights of the Child, it was argued.The petitioners can only take a call to renounce/surrender their British citizenship once they turn 18, even as India, unlike the United Kingdom, does not allow for dual citizenship, the plea pointed out.It was, therefore, contended that minors born and residing in India and registered as OCI cardholders ought to be given similar rights of dual citizenship that are granted to minors born outside India..The plea was filed through Advocate Roohe Hina Dua, and drawn by Advocates Nattasha Garg and Thakur Ankit Singh..[Read the March 24 order]