The Delhi High Court allowed Vinesh Phogat to compete in the Asian Games 2026 selection trials after the Wrestling Federation of India had declared her ineligible under revised rules
Court slams Wrestling Federation of India policy as “exclusionary” over maternity break rules
Phogat’s challenge against WFI’s show-cause notice is still pending
The Delhi High Court on Friday cleared Olympian wrestler Vinesh Phogat to participate in the Asian Games 2026 selection trials, delivering a sharp rebuke to the Wrestling Federation of India over what it described as an “exclusionary” policy and “vindictive” treatment towards the celebrated wrestler.
In an order uploaded on Saturday, 23 May, a division bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia allowed Phogat to compete in the trials scheduled for May 30 and 31, while also directing that the entire process be video-recorded under independent observation.
The court instructed the Ministry of Youth Affairs and Sports to appoint two observers from the Sports Authority of India and the Indian Olympic Association to oversee the trials and submit a report before the court.
Phogat had approached the Delhi HC after being declared ineligible under revised WFI selection norms introduced this year. The federation had also barred her from participating in WFI events till June 26 after issuing a show-cause notice on May 9.
The wrestler had stepped away from competition from December 2024, including for maternity reasons. Although international wrestling authorities had cleared her to return from January 1, 2026, the WFI maintained she did not satisfy eligibility conditions under the new policy.
“It is necessary that (Phogat) is permitted to participate in the Selection Trials in the interest of sport and justice. In view of the peculiar facts and circumstances of this case, it is clear that, except for (Phogat’s) motherhood and the SCN issued by WFI, she would be entitled to participate in the Selection Trials. Therefore, the circumstances were beyond her control… it is deemed appropriate to protect the interest of (Phogat) by permitting her to participate in the Selection Trials,” the bench held.
Why WFI Faced Sharp Criticism From Delhi HC?
The High Court strongly questioned the WFI’s revised selection policy, observing that it marked a major departure from previous practices where iconic athletes could still be considered for major events despite missing domestic competitions.
The WFI’s revised rules made only reigning national champions eligible for Asian Games trials, effectively shutting the door on Phogat’s return after her maternity break.
The bench noted that the policy failed to account for women athletes returning after childbirth and recovery.
“…the Policy and the Circular are clearly exclusionary in nature as it does not give any discretion to (WFI) to consider iconic players like Phogat in view of the sabbatical taken on account of her maternity leave. It is a well-recognised principle of law that due to maternity, a woman cannot be prejudiced in any manner in terms of her employment, career, ranking and promotion during the period of maternity leave,” the court reiterated.
In another significant observation, the judges said motherhood and post-partum recovery were realities sporting institutions could not ignore.
“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. We cannot remain oblivious to the physiological realities and disadvantages related to child birth that female athletes undergo during maternity,” the court observed.
Court Calls WFI’s Actions ‘Retrograde’ And ‘Vindictive’
The court also came down heavily on the language used by WFI in its show-cause notice to Phogat.
The federation had reportedly termed her disqualification from the women’s 50kg freestyle final at the 2024 Summer Olympics a “national embarrassment” after she was found 100 grams overweight ahead of the gold medal bout.
Rejecting that reasoning, the bench noted that the Court of Arbitration for Sport had already ruled there was no wrongdoing on Phogat’s part.
“Such observations made in the SCN despite the Award issued by CAS, which clearly held that there was no wrongdoing on her part, appear to be pre-mediated and are ex facie misconceived and ought to have been avoided. Such observations are retrograde and show the malafide intent of (WFI) by being vindictive against (Phogat),” the bench observed.
The judges also questioned the silence of the sports ministry during the hearing and orally criticised the federation’s conduct.
“These are the administrators of sports? What action have you taken against them? Was the authority of the Department of Sports not aware that such kinds of notices were issued? If she is bringing laurels to the country, will you not give her a chance also?” the court orally remarked.
“Has she committed any violations? Were you taken into confidence before this policy? This is absolutely a retrograde step and you are sitting silent,” the bench added.
WFI Show-Cause Notice Challenge Still Pending
The order came after Phogat challenged a May 18 ruling by a single-judge bench that had denied her interim relief.
While the division bench has now permitted her to participate in the Asian Games trials, her broader challenge against the WFI’s policy, circular and show-cause notice remains pending before a single judge of the High Court.
The court also recorded that Phogat had informed the International Testing Agency, United World Wrestling and the Sports Authority of India about her sabbatical. She had subsequently received confirmation on July 3, 2025 that she would be eligible to compete again from January 1, 2026.
“In the present case, (Phogat’s) exclusion from the Selection Trials is directly attributable to the sabbatical and temporary retirement from her sporting activities. The duration of her maternity and recovery from the same coincided with the schedule of the Championships, which were required to be participated in for meeting the eligibility criteria for the Selection Trials of the Asian Games, 2026, in accordance with the Policy and the Circular,” the bench said.
Vinesh Phogat’s Fight Off The Mat
Phogat’s return to competition comes after a turbulent few years both on and off the mat.
Her legal and sporting journey has also been shaped by her participation in the 2023 protest by women wrestlers alleging sexual harassment against former WFI president Brij Bhushan Sharan Singh. She has also publicly claimed via social media that she was among six female wrestlers who faced harassment.
The WFI will conduct the Asian Games 2026 selection trials on May 30 at the IG Stadium in New Delhi for women’s wrestling, while freestyle and Greco-Roman trials will be held on May 31 at the Regional Centre in Lucknow.
