New Delhi: The Delhi High Court has allowed wrestler Vinesh Phogat to participate in the upcoming Asian Games selection trials, observing that the selection policy framed by the Wrestling Federation of India was exclusionary because it failed to provide discretion for iconic athletes returning after maternity breaks.
A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia passed the order on May 22, which was uploaded on the court’s website on Saturday.
The court directed that the selection trials, scheduled for May 30 and 31, must be video recorded by the WFI. It also ordered that independent observers from the Sports Authority of India and the Indian Olympic Association remain present during the trials.
Court says selection policy is ‘exclusionary’
“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 bench stated in its order.
The court observed that the federation’s policy and circular were “clearly exclusionary in nature” because they offered no flexibility to accommodate accomplished athletes such as Phogat who had taken a sabbatical due to maternity leave.
It further noted that the revised standards for the selection process represented a significant departure from earlier practices, where discretion had existed to include iconic athletes in major competitions such as the Asian Games.
The judges stressed that motherhood could not be treated as a professional obstacle for women athletes.
“Motherhood cannot be treated as a professional impediment or a circumstance warranting adverse treatment,” the court said.
Court criticises WFI remarks on Paris Olympics disqualification
The bench also took strong exception to the WFI describing Phogat’s disqualification from the 2024 Summer Olympics as a “national embarrassment” in a show-cause notice issued on May 9.
The court termed the statement “deplorable”, “ex-facie misconceived” and said such language “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,” the court observed.
The judges further stated that Phogat’s exclusion from the trials was directly linked to her temporary retirement and maternity-related break.
According to the bench, any provision that disadvantages a woman due to pregnancy or post-partum recovery violates constitutional guarantees of equality and dignity under Articles 14 and 21.
‘Motherhood must be viewed with institutional sensitivity’
The court acknowledged the physical and emotional challenges faced by female athletes during pregnancy and post-partum recovery.
“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 bench 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.
Participation allowed pending final hearing
The order was passed on Phogat’s appeal against a May 18 ruling by a single-judge bench that had denied her interim relief regarding participation in the trials.
The division bench observed that since the validity of the selection policy and the show-cause notice was still under examination before the single judge, it would be inappropriate to allow the petition to become infructuous by denying her participation at this stage.
The court stated that, prima facie, Phogat had established a strong case challenging the policy and circular as arbitrary and discriminatory.
“It is clear that except for the appellant’s motherhood and the SCN issued by Respondent No.1, she would be entitled to participate in the selection trials,” the bench noted.
The judges added that the circumstances leading to her exclusion were beyond her control and therefore her interests deserved protection until the matter was finally decided.
The court also directed the Centre to nominate two independent observers from the SAI and the IOA, who will submit reports before the single-judge bench.
Phogat challenged WFI eligibility rules
In her petition, Phogat challenged the WFI’s selection policy and circular, which restricted eligibility for Asian Games trials to medal winners from specific tournaments.
She argued that the “qualification window” chosen by the federation substantially overlapped with her maternity leave and post-partum recovery period, creating what she described as an inflexible and discriminatory gatekeeping system.
Earlier this month, the WFI had declared Phogat ineligible to participate in domestic events until June 26, citing the mandatory six-month notice period applicable to athletes returning from retirement under anti-doping regulations.
Despite the restriction, Phogat participated in the National Open Ranking Tournament held in Gonda.
Wrestler remains central figure in Indian wrestling debate
Phogat was among the women wrestlers who led protests in 2023 against former WFI president Brij Bhushan Sharan Singh, accusing him of sexual harassment allegations that triggered a major controversy in Indian wrestling.
In August 2024, she was disqualified from the 50-kg final at the Paris Olympics after being found 100 grams overweight during the morning weigh-in, a development that drew widespread public attention and debate across the country.