NEW DELHI: In a major relief to popular wrestler, Vinesh Phogat, the Supreme Court on Friday in its order permitted her to take part in the selection trials for the Asian Games set for May 30.
Declining to stay a Delhi High Court order that had given relief to Phogat, a two-judge bench of the apex court, headed by Justice PS Narasimha and also comprising Justice Alok Aradhe, said, "We are not stopping, you go and participate."
The bench directed that Phogat must be allowed to compete in the trials starting on May 30. It also issued notice to Phogat on WFI’s petition, after noting that the larger issues would be examined later.
The court, however, at the same time raised certain questions to her senior lawyer, Madhavi Divan, as to why she had taken a sabbatical in December 2024, indicating she would return in August 2025. She became a mother in July 2025 and informed WFI she would be eligible from January 1, 2026. Justice Narasimha pointed out that Phogat missed the doping whereabouts requirement.
Refusing to grant a stay on the Delhi HC order, the apex court paved the way for Phogat to participate in the trials.
The bench passed the order after hearing a plea by the Wrestling Federation of India (WFI) challenging the High Court’s order.
During the hearing on Friday, Senior Advocate Divan argued that the matter was linked to Phogat’s motherhood and sought an opportunity for her to compete. She pleaded that Phogat be allowed to take part in the trials, subject to the outcome of the case. "If I am not allowed to participate, that will be a national embarrassment," Divan submitted.
The couer pased the order in favour of Phogat, after recognizing her talent and global achievements.
The court also stressed that global norms must be followed. "What is concerning when the ITA test is missed, it has a logical consequence, because Indian sports is integrally connected to world sports. If some kind of disqualification appears at the global level, it reflects on India. You did not give the whereabouts for the doping test and missed the first doping test."
Justice Narasimha expressed serious surprise after going through the order of the HC, which termed the WFI policy "exclusionary" when the rules apply uniformly. He expressed concern about the High Court treating the issue as one of hardship due to motherhood, when it was essentially about compliance with ITA norms.
The WFI has moved the Supreme Court on Thursday challenging the Delhi High Court's order allowing celebrated wrestler, Vinesh Phogat to participate in the selection trials for the Asian Games 2026.
On May 22, a division bench of the high court -- led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia -- had given its nod to the participation of Phogat in the upcoming trials for the Asian Games, saying the WFI's selection policy was exclusionary for the lack of discretion to consider an iconic player like her, who is returning from a maternity break.
The HC had said that Phogat, seeking her return from a maternity break, could not meet the WFI’s "exclusionary" selection policy only because she was on maternity leave.
The HC had said that Phogat, being an “internationally acclaimed athlete”, has brought several laurels to the country.
“It is acknowledged that the motherhood cannot be treated as a professional impediment or a circumstance warranting adverse treatment. A legal and regulatory framework that either expressly or impliedly disadvantages a woman on account of pregnancy or post-partum recovery would clearly violate the principles of non-discrimination enshrined in Articles 14 (right to equality) and 21 (right to life) of the Constitution of India,” the bench said in an order passed on May 22.
In the verdict the HC had said, “Becoming mother is a great virtue and the laws and society always have given respect to mothers. Becoming a mother is both an intimate transformation and a social moment. Across cultures and histories, motherhood has been celebrated and supported in widely different ways. At the same time, becoming mother can never become a disability.”
The bench said that it could not be denied that the journey of a female athlete through pregnancy and the post-partum period was one that was marked by extraordinary physical challenges, the magnitude of which was often insufficiently acknowledged within institutional sporting frameworks.
“We cannot remain oblivious to the physiological realities and disadvantages related to child birth that female athletes undergo during maternity," the bench said.
The HC also slammed the WFI for issuing a "deplorable" show-cause notice to Phogat saying that she had caused “national embarrassment” by being disqualified from the Paris Olympics for being overweight ahead of her gold medal match. The bench termed the WFI's action as “vindictive”.