The Supreme Court on Friday allowed wrestler Vinesh Phogat to participate in the Asian Games selection trials beginning Saturday, even as it took exception to the Delhi high court order last week declaring the Wrestling Federation of India (WFI) policy refusing to consider past accomplishments of iconic players exclusionary.
“With reluctance, we are interfering just because of her background. We respect what she has gained for the country. But at the same time, we will examine the high court order as we need to iron out some creases,” said a bench of justices PS Narasimha and Alok Aradhe as it heard the WFI’s appeal against the May 22 high court order.
The high court said WFI’s selection criteria for the Asian Games, which restricted eligibility to wrestlers who won medals in 2025 while disregarding earlier performances, left no discretion for the federation to consider accomplished athletes like Phogat, who took a sabbatical due to maternity leave. It said this marked a significant deviation from the past practice.
The high court observed that Phogat’s exclusion from the selection trials was directly linked to her sabbatical and the temporary eligibility requirements. It noted that her maternity period and subsequent recovery coincided with the timing of the championships necessary to satisfy the eligibility criteria, thereby affecting her ability to qualify for the trials.
The Supreme Court said it was concerned with the method and manner in which the high court interfered with the policy. “A constitutional court must know these are national and international sports. This thing about womanhood is irrelevant. This kind of an approach for courts to interfere has created problems for other similar federations, as we have seen in football, which results in disqualification.”
{{/usCountry}}The Supreme Court said it was concerned with the method and manner in which the high court interfered with the policy. “A constitutional court must know these are national and international sports. This thing about womanhood is irrelevant. This kind of an approach for courts to interfere has created problems for other similar federations, as we have seen in football, which results in disqualification.”
{{/usCountry}}Senior advocate Madhavi Divan, appearing for Phogat along with advocates Ritwik Prakash and Ashita Khanna, said that the WFI policy marked a departure from past years when the past performances of iconic players were considered for selection. “I may or may not qualify...But should I not be allowed to participate?”
The bench issued notice on the WFI’s appeal and posted the matter for hearing next week. “Issue notice. In the meantime, the respondent [Phogat] shall be permitted to participate in the selection trials.”
Divan said that Phogat is not seeking any exemption as she recently gave birth. “I have been labelled as a national embarrassment by the authorities. Not allowing her to participate will be a national embarrassment. I can show the malafides. There has been a relaxation clause that has been denied to me this year. They knew I was indisposed throughout last year.”
The court told Phogat that, going by the rules, she was to take the dope test in January this year, for which she was called but failed to turn up. “You have been an excellent wrestler, and for you, it must be country first. The courts will not interfere in this manner and disrupt the entire schedule,” the court told Divan. “You [Phogat] missed the dope tests, which have logical consequences for the game. Indian sports are integrally connected with international sporting events. Any disqualification at that level will reflect poorly upon India.”
Senior advocate DN Goburdhan, appearing for the WFI, said that the high court went too far and did not see the consequences that the direction would have on the sport. “By May 14, we submitted the names to the Asian Games organisers. We have not granted any exemption to any player this year. She cannot steal a march over other players. ...women performers have secured medals in tournaments throughout last year,” Goburdhan said.
The court said answers are not to be found in court in matters of this nature. “There must be strong institutionalisation and proper handholding with players.”