‘Thank you court’: BJP leader welcomes Delhi HC’s help to Vinesh Phogat in WFI case

Vinesh Phogat

BJP leader Babita Phogat welcomed the Delhi High Court’s decision allowing Indian wrestler Vinesh Phogat to participate in the selection process for the 2026 Asian Games, scheduled for May 30-31.The Delhi High Court order came after the Wrestling Federation of India (WFI) declared Vinesh ineligible for domestic events till June 26. Babita, herself a former wrestler, said the court’s decision was correct.“I accept the court’s decision and the court’s decision is right. Whatever the case, the court has already decided. Nothing is bigger than the court, so we should welcome the court’s decision and thank the court,” ANI quoted Babita as saying.On Saturday, the Delhi High Court ordered that Vinesh be allowed to participate in the selection process. The court also ordered that the proceedings be videotaped and monitored by independent observers from the Sports Authority of India and the Indian Olympic Association.“The appellant (Phogat) will be allowed to participate in the selection process for the 2026 Asian Games scheduled for 30-05-2026 and 31-05-2026,” the court said in its order passed on May 22 and published on its website on Saturday.“The policy and circular are clearly exclusionary in nature as they do not give any latitude to respondent no.1 (WFI) to consider iconic players like the appellant in view of the sabbatical taken into account on account of her maternity leave,” it said.The court said the standard for the selection process was a significant departure from past practice that allowed discretion in the selection of iconic players for the Asian Games, adding that the law must ensure that motherhood does not become a reason to disqualify female athletes like Phogat.It was argued that motherhood cannot be considered a professional obstacle or a circumstance warranting unfavorable treatment.The court further observed that the reasons adopted by the WFI in the May 9 notice to Phogat “appear to be premeditated and reopen closed matters” and that “it is necessary to allow the petitioner to participate in the tenders in the interest of sport and justice”.The court also took exception to the WFI calling Phogat’s disqualification from the 2024 Paris Olympics a “national disgrace” in the show cause notice, saying such a statement was “regrettable”, “ex-facie wrong” and “should have been avoided”.“Such observations are retrograde and show the mala fide intention of the respondent no.1 by being vindictive towards the petitioner,” it argued.The court noted that Phogat’s exclusion from the selection process was directly attributable to her “sabbatical and temporary retirement”, adding that a provision that disadvantages a woman due to 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 athlete’s journey through pregnancy and the postpartum period is marked by extraordinary physical difficulties, the extent of which is often insufficiently recognized in institutional sports frameworks,” the court said.“Motherhood must be seen as a natural and profoundly significant aspect of life that deserves accommodation and institutional sensitivity. The law must therefore ensure that motherhood does not become a reason for the exclusion or marginalization of sportswomen such as the complainant,” she added.The court issued the order on Phogat’s appeal against the May 18 order of the bench of the single judge, denying her immediate relief on the issue of her participation in the selection proceedings.In the order, the court noted that since the selection policy and case notification are being considered by a single judge bench, it is imperative that the petition not be rendered worthless at this stage by not allowing Phogat to participate in the Asian Games trials.

Should the Wrestling Federation of India review its eligibility criteria for female athletes returning from maternity leave?

Phogat submitted that prima facie, Phogat has made out a good case to challenge the policy and circular for being completely arbitrary and discriminatory.“It is clear that except for the petitioner’s maternity and the SCN issued by respondent No. 1, she would have been entitled to participate in the tenders. The circumstances were therefore beyond her control and while the legality of the contract, the circular and the outcome of the SCN is being examined by the learned Single Judge, it is deemed appropriate to protect the interest of the petitioner by allowing her to participate in the tenders,” he said.The court further asked two independent observers from SAI and IOA to be appointed by the Center to submit a report before the bench of the single judge.In her petition, Phogat challenged the WFI’s selection policy and circular, which restrict eligibility to participate in the Asian Games trials to only medal winners from certain tournaments.

In your opinion, how important is institutional support for sportswomen during maternity?

Phogat argued that the “qualification window” chosen by the WFI overlapped substantially with her announced sabbatical for pregnancy and postpartum recovery, creating a “closed and inflexible gate-checking mechanism” that was arbitrary and discriminatory.Earlier this month, the WFI declared Phogat ineligible for domestic events until June 26, citing the mandatory six-month notice period associated with athletes returning from retirement under anti-doping rules.However, a defiant Phogat emerged at the National Open Ranking Tournament in Uttar Pradesh’s Gonda.Phogat participated in a protest organized by female wrestlers in 2023 against alleged sexual harassment by then WFI president and Bharatiya Janata Party (BJP) leader Brij Bhushan Sharan Singh.In August 2024, Phogat was disqualified from the 50 kg Olympic final for being 100 g overweight at the morning weigh-in.