The Delhi High Court on Saturday allowed wrestler Vinesh Phogat to participate in the upcoming Asian Games selection trials, observing the Wrestling Federation of India’s (WFI) policy was "clearly exclusionary" as it failed to account for an athlete of her stature.
The court said the policy lacked the discretion to accommodate Phogat, who was returning from a maternity break.
A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia ordered that the selection trials, to be held on May 30-31, shall be video-recorded by the WFI and an independent observer from the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) each shall also remain present.
"The appellant shall be permitted to participate in the selection trials for the Asian Games, 2026, which are scheduled for 30.05.2026 and 31.05. 2026," the court said in its order passed on May 22 and uploaded on its website on Saturday.
"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," it stated.
The court also took exception to the WFI terming Phogat's disqualification in the 2024 Paris Olympic Games "national embarrassment" in the show-cause notice, stating that such a statement is "deplorable", "ex-facie misconceived" and "ought to have been avoided".
"Such observations are retrograde and show the mala-fide intent of Respondent No. 1 by being vindictive against the appellant," it asserted.
The HC bench added that the grounds taken by the WFI in the May 9 show-cause notice to Phogat "appear to be pre-mediated and reopening the closed issues" and that "it is necessary that the appellant is permitted to participate in the selection trials in the interest of the sport and justice".
The court obsered that Phogat's exclusion from the selection trials is directly attributable to her "sabbatical and temporary retirement", and added that a provision that causes disadvantage to a woman on account of pregnancy or post-partum recovery violates the principles of non-discrimination enshrined in Articles 14 and 21 of the Constitution.
"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 court said.
"Motherhood must be viewed as a natural and deeply-significant aspect of life that deserves accommodation and institutional sensitivity. Therefore, the law must ensure that motherhood does not become a ground for exclusion or marginalisation of female athletes, such as the appellant," it added.
The court passed the order on Phogat's appeal against the May 18 order of a single-judge bench, refusing her immediate relief on the issue of her participation in the selection trials.
Phogat, a wrestler of international repute, was disqualified from the 50-kg category finals in the Paris Olympics in August 2024 for being 100 gm overweight in the morning weigh-in.
