Cricketing Apartheid

"It's nothing but a form of apartheid when the board dictates that you can play with X but not with Y.", Kapil Dev was quoted as saying referring to harsh treatment of ICL players by the BCCI.

Clearly some strong words by the legendary all-rounder expressing his displeasure over the standoff between the BCCI and the ICL or the rebel league. It doesn't come as a surprise when decisions taken by the BCCI, more often that not seem extremely immature. There seems to be no respite in the board's bitterness towards the ICL ever since its inception.

While the BCCI chances upon every opportunity to cold shoulder the ICL, the players in its own backyard aren't spared either. It was nothing short of a shocker when the BCCI decided to preclude the participation of its players (V.V.S Laxman, Piyush Chawla and Ajit Agarkar) in the English county circuit involving ICL players. This stance by the board whose sole objective lies in improving the game and provide support to its players is devoid of any logic and commonsense.

Over the years world cricket has been witness to the inability and inefficiency of its governing body (ICC) to take tough stands on its member associations and in tackling issues especially on the game's richest board. There is little doubt over BCCI's hegemony in world cricket. However, it does not have any morality in initiating decisions that could hinder the game or its players. To say the ICL is an "unrecognized" format of the game - is just a subterfuge. With the second season due to begin, one would expect to see the ICL fight for its recognition with the ICC or in the courts with some vigor. A lot of questions continue to remain unanswered and the answer is quite simple. If soccer can have different leagues in one nation then why not cricket?

To forbid players from playing based on such reasons seems just irrelevant clearly indicative of a restriction in freedom of movement which wouldn't stand in the court of law. Over the years soccer and handball have had similar issues eventually impacting world sport. One such case was by Belgium player Jean-Marc Bosman. Bosman’s contract with Belgium club side RFC Liege had run out and he wanted to be transferred to French club Dunkerque. RFC Liege, however, refused to let Bosman leave without the payment of a transfer fee which Dunkerque were unwilling to pay. Bosman claimed that as a European Union citizen, he possessed the right to "freedom of movement" within the European Union if he wished to.

Another case that had a major impact was the ruling by the European Court of Justice (ECJ) involving a Slovakian handball player Maros Kolpak. Kolpak was employed as a professional by a German second division team. As a national of a then non-European Economic Area (EEA) state, Kolpak was not considered by the German regulator to qualify for the benefits emergent from the decision in Bosman case. On this basis the Handballbund club limited the number of non-EEA nationals which a team could field in any one professional fixture. Kolpak suggested that an association agreement between Slovakia and the European Union entitled him to be treated in the same manner as an EEA national as regards treatment once in employment.

The implications of the above cases were largely significant and one among them was the "quota system", that limited the number of foreigners in a team was illegal. This decision augured well for the players and EPL teams such as Arsenal and Chelsea. Meanwhile the debate ceases to rest either within the ECB (England & Wales cricket board)on the Kolpak issue (dual nationality) in county cricket or the FIFA, suggesting for a "6+5" proposal (6 national & 5 foreign players in a team) which if implemented is certain to be challenged again by the EU Law and the ECJ which prohibits any discrimination based on nationality.

Cricket unlike soccer is not a ubiquitous sport restricting itself to a handful of countries. Until very recently, county cricket in the U.K was the only professional format which recruited foreign players to enhance the domestic competition. However unlike soccer cricketing nations thrive on the success of its national teams. And with not enough money in the domestic circuit, for the players a stint with a county team in England meant - great experience in enhancing skills and a sense of financial security. However with mounting broadcast rights, sponsors and new leagues like IPL and ICL cropping up the players are in a better position unlike the ones in the past.

The ICL however has reasons to be optimistic having found some support with the England and Srilanka cricket boards. The Lankan board's decision to allow its rebel players to participate in their domestic competition's might have made the BCCI crimson with embarrassment. Specially coming from a senior statesman like Arjuna Ranatunga who heads Srilankan cricket and regarded as an individual responsible for Srilanka's cricketing renaissance makes it all the more significant.

The ICL certainly has its limitations which probably doesn't align with the BCCI's objectives and the way it functions. Country representation, selection issues are some concerns. But to treat the rebel league and its representatives as pariah is setting a sad example. If the BCCI has any objections with the rebel league it has to take it up on a different platform. It's high time cricket had its own Bosman's and Kolpak's to fight against the system and get rid of the monopoly of the board's on its players.

An article by Simon Boyes from the Nottingham Law School clearly sums it up - "It ensures that sporting institutions have the power to promote a sport in a manner which they consider to be the most consistent with their objectives, provided that their choices do not give rise to discrimination or conceal the pursuit of economic interests."

At the end of the day one has to realize that an average sports persons' career lasts for not more than 5-6 years. Very few manage to be at the peak consistently and it only makes sense to maximize the opportunities in the short span. To deprive them of their bread and butter would be insane.