Delhi HC allows Vinesh Phogat to participate in Asian Games selection trials: 'Motherhood cannot become ground for...'

The Delhi High Court has allowed wrestler Vinesh Phogat to participate in the Asian Games 2026 selection trials, saying that "motherhood does not become a ground for exclusion."

The court passed the order on Phogat's appeal against the May 18 order of a single-judge bench, which had refused her immediate relief on the issue of her participation in the selection trials scheduled for May 30-31.

'Motherhood cannot become ground for exclusion'

According to Bar and Bench, the court said Phogat could not meet the Wrestling Federation of India's (WFI) "exclusionary" selection policy only because she was on maternity leave.

Motherhood cannot become a ground for exclusion or marginalisation of female athletes like Phogat, noted a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia in a verdict delivered on May 22.

According to PTI, the Division Bench ruled that "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," the court added.

'Circumstances were beyond her control'

The high court ruled, "In view of the peculiar facts and circumstances of this case, it is clear that except for the appellant’s motherhood and the show cause notice issued by respondent no. 1, she would be entitled to participate in the selection trials,' the court said.

"Therefore, the circumstances were beyond her control and while the legality of the policy, the circular and the outcome of the show cause notice 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," the court concluded.

'Journey of female athlete through pregnancy...'

In its verdict on May 23, the high court said, as per Bar and Bench, "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 childbirth that female athletes undergo during maternity," the court said.

WFI policy 'exclusionary' in nature

The court said in its order passed on May 22 and uploaded on its website on Saturday, "The appellant 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."

It stated that “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," news agency PTI reported.

The court also observed that the grounds taken in the show-cause notice "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".

'WFI must video-recorded selection trials'

The bench 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.

Phogat, a wrestler of international repute, was disqualified from the 50-kg category finals in the Paris Olympics in August 2024 for being 100 gm overweight in the morning weigh-in.