The Delhi High Court has ruled in favor of Indian wrestler Vinesh Phogat, allowing her to participate in the 2026 Asian Games selection trials set to commence on May 30. This decision, delivered on May 22 by a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, challenges the Wrestling Federation of India’s (WFI) exclusionary selection policy, which had initially barred Phogat due to her recent maternity leave.
High Court Recognizes Challenges of Female Athletes
The bench emphasized the unique physical challenges faced by female athletes during pregnancy and post-partum periods, which are often overlooked within sports institutions. The court stated, “It cannot be denied that the journey of a female athlete through pregnancy and the post-partum period is one that is marked by extraordinary physical challenges, the magnitude of which is often insufficiently acknowledged within institutional sporting frameworks.” The ruling underscores the need to accommodate and respect motherhood as a natural and significant aspect of life.
Criticism of WFI’s Actions
The court criticized the WFI for its “deplorable” actions, particularly the issuance of a show-cause notice to Phogat that labeled her disqualification from the Paris Olympics as a “national shame.” The bench found such language to indicate vindictive intent, especially since the Court of Arbitration for Sport had cleared Phogat of any wrongdoing. The judges remarked that the notice’s allegations were premeditated and misconceived, highlighting a need for the federation to avoid such retrograde positions.
Appeal Against Single-Judge Order
Phogat approached the Division Bench after a single-judge Bench led by Justice Purushaindra Kumar Kaurav denied her immediate relief. Represented by Senior Advocate Raj Shekhar Rao, Phogat’s legal team argued that the notice was issued only 12 hours before an event, raising irrelevant issues from the 2024 Paris Olympics. They requested that Phogat be allowed to participate in the trials, pending the court’s decision on the new selection policy and WFI’s circular.
Ensuring Fairness and Justice
The court ruled that Phogat should be permitted to participate in the selection trials “in the interest of sport and justice,” as her exclusion was solely due to her maternity leave and the contested show-cause notice. The bench ordered that the trials be video recorded, with independent observers from the Sports Authority of India and the Indian Olympic Association overseeing the process. These measures aim to ensure transparency and fairness, with a report to be submitted to the single-judge hearing Phogat’s plea.
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Legal Representation
Vinesh Phogat was represented by a legal team including Senior Advocate Raj Shekhar Rao and advocates Ritwik Prakash, Vishakha Gupta, Aashita Khanna, and Neil M Goswami. The WFI’s legal team included advocates Hemant Phalpher and Karishmit Keswani, while the Union of India was represented by advocates Udit Dedhiya, Apurva Sachdev, and Preyansh Gupta.
