Delhi HC finally allows Vinesh Phogat to compete in Asian Games trials

The Delhi High Court has allowed celebrated wrestler Vinesh Phogat to participate in the upcoming Asian Games selection trials, holding that motherhood cannot become a ground for excluding female athletes and criticising the Wrestling Federation of India's (WFI) selection policy for failing to accommodate iconic sportspersons returning from maternity-related breaks.

A bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia directed that Phogat be permitted to compete in the selection trials scheduled for 30 and 31 May. The court also ordered that the trials be video-recorded and monitored by independent observers nominated by the SAI (Sports Authority of India) and the IOA (Indian Olympic Association).

“The policy and the circular are clearly exclusionary in nature as it does not give any discretion to Respondent No.1 (WFI) to consider iconic players like the appellant in view of the sabbatical taken on account of her maternity leave,” the bench observed.

‘Motherhood cannot be a professional impediment’

In a significant observation on women's participation in sport, the court said pregnancy and post-partum recovery must be treated with institutional sensitivity and cannot become a basis for adverse treatment.

“Motherhood must be viewed as a natural and deeply significant aspect of life that deserves accommodation and institutional sensitivity,” the court said, adding that the law must ensure female athletes are not excluded or marginalised because of maternity-related circumstances.

The bench observed that any provision causing disadvantage to a woman on account of pregnancy or post-partum recovery would violate principles of equality and non-discrimination under Articles 14 and 21 of the Constitution.

It further noted that the physical challenges faced by women athletes during pregnancy and recovery are often inadequately recognised within sporting institutions.

Court criticises WFI's remarks

The High Court also took exception to remarks made by the WFI in a show-cause notice issued to Phogat on 9 May.

The federation had described her disqualification from the final of the 2024 Paris Olympics as a “national embarrassment”, a characterisation the court termed “deplorable”, “ex facie misconceived” and one that “ought to have been avoided”.

The bench observed that such remarks appeared vindictive and reflected mala fide intent on the part of the federation. It further noted that the grounds cited in the show-cause notice appeared to reopen issues that had already been settled.

Relief pending final decision

The order came on an appeal filed by Phogat against a 18 May decision of a single-judge bench that had declined to grant her immediate relief.

The High Court said that since the legality of the selection policy and show-cause notice remained under examination before the single judge, it was necessary to ensure that the proceedings did not become infructuous by preventing Phogat from participating in the trials.

The bench observed that, prima facie, the wrestler had established a strong case challenging the policy as arbitrary and discriminatory. It further noted that but for her maternity-related break and the show-cause notice, she would have been eligible to compete.

Challenge to selection policy

In her petition, Phogat challenged the WFI policy restricting participation in Asian Games trials to medal winners from specified tournaments. She argued that the qualification window substantially overlapped with her pregnancy and post-partum recovery period, effectively creating an inflexible and discriminatory barrier to participation.

Earlier this month, the WFI declared her ineligible to compete in domestic events until 26 June, citing anti-doping regulations requiring a six-month notice period for athletes returning from retirement. Despite that decision, Phogat appeared at the National Open Ranking Tournament in Gonda, Uttar Pradesh.

Phogat, one of India's most decorated wrestlers, was among the athletes who led protests in 2023 against alleged sexual harassment by former WFI president and BJP (Bharatiya Janata Party) leader Brij Bhushan Sharan Singh.

She was also at the centre of one of the most dramatic moments of the 2024 Paris Olympics when she was disqualified from the women's 50-kg final after being found 100 grams overweight during the morning weigh-in.