The Delhi High Court has granted permission for Vinesh Phogat to participate in the Asian Games trials, overturning the guidelines set by the Wrestling Federation of India (WFI). The ruling was delivered on May 22 by a Division Bench that included Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. The court labelled the actions of the WFI as “vindictive” towards Phogat, who had previously faced exclusion due to allegedly not meeting the federation’s selection criteria linked to her maternity leave.

In its decision, the court asserted that the challenges faced by female athletes during and after maternity should not be used as justification for marginalisation. It emphasised that motherhood cannot serve as a disqualification for participation in competitive sports, specifically highlighting the physical challenges that women endure during pregnancy and the recovery period.

The judges pointedly interrogated the WFI’s treatment of Phogat, pointing out a lack of fairness in their procedures and questioning whether the federation’s policies disproportionately affected her. The court’s observations reflected concern for the equal treatment of women athletes in India.

Criticism of WFI Actions

The Delhi High Court’s remarks included direct criticism of the WFI’s show-cause notice issued to Phogat, which had labelled her ineligibility for the Paris Olympics as a “national shame.” The court described this characterisation as “deplorable” and indicated that such language demonstrated a clear intention to undermine the wrestler. It stated that the remarks were inappropriate and should have been avoided, especially since an international arbitration court, the Court of Arbitration for Sport (CAS), found no wrongdoing on her part.

The Division Bench was unequivocal in its disapproval of the federation’s approach, suggesting that its comments were premeditated and showcased a “mala fide” intent against Phogat. This ruling is considered significant not only for her career but also for setting a standard for how female athletes are treated in similar situations.

Phogat’s ongoing disputes with the WFI have attracted considerable attention, particularly following her prominent role in the protests against former WFI chief Brij Bhushan Sharan Singh. The court’s decision is expected to have lasting implications for her options within professional wrestling in India.

Inquiry into Sports Ministry’s Role

During the hearing, the High Court also directed questions towards the central government and the Ministry of Sports regarding their lack of intervention in Phogat’s case. The judges challenged them on the adequacy of their oversight concerning the WFI’s actions and asked whether they had been apprised of the policies that undermined the status of women athletes.

The Bench’s inquiries included whether the Ministry had been consulted when the WFI formulated its exclusionary selection criteria, suggesting that greater accountability could be necessary within administrative bodies overseeing sports in India. The judges expressed their doubts about the administration’s commitment to supporting those athletes who have brought honour to the nation.

This ruling offers a renewed pathway for Phogat, amidst a backdrop of controversies that have marked her career. It also sets a notable precedent for female athletes in India, impacting discussions about the intersection of motherhood and competitive sports, thus potentially fostering a more inclusive environment for future athletes.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share