WFI selection policy is exclusionary for the lack of discretion to consider an iconic player like her, who is returning from a maternity break, says Delhi High Court
New Delhi, May 23: The Delhi High Court has given its nod to the participation of celebrated grappler Vinesh Phogat in the upcoming trials for the Asian Games, saying the Wrestling Federation of India’s (WFI) selection policy is exclusionary for the lack of discretion to consider an iconic player like her, who is returning from a maternity break.
A bench of Chief Justice D K 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 (Phogat) 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 said the standard for the selection trials marks significant deviation from the past practice, which provided for discretion for the selection of iconic players for the Asian Games, and added that the law must ensure that motherhood does not become a ground to exclude female athletes like Phogat.
Motherhood, it asserted, cannot be treated as a professional impediment or a circumstance warranting adverse treatment.
The court further observed 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 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 court observed 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, denying her immediate relief on the issue of her participation in the selection trials.
In the order, the court noted that since the selection policy and the show-cause notice are being examined by the single-judge bench, it is imperative to not let the petition become infructuous at this stage by not allowing Phogat to participate in the Asian Games trials.
It said that prima facie, Phogat has made out a good case on merits to challenge the policy and the circular for being completely 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. Therefore, the circumstances were beyond her control and while the legality of the policy, the circular and the outcome of the SCN is examined by the learned single judge, it is deemed appropriate to protect the interest of the appellant by permitting her to participate in the selection trials,” it opined. (PTI)
