BJP leader and former wrestler Babita Phogat has welcomed the Delhi High Court's decision permitting Indian wrestler Vinesh Phogat to take part in the Asian Games 2026 selection trials, scheduled for May 30 and 31. The court's order came after the Wrestling Federation of India (WFI) declared Vinesh ineligible for domestic events until June 26.
Babita Phogat's Reaction
"I accept the court's decision, and the court's decision is the right one. Whatever the case may be, the court has already made its decision. Nothing is bigger than the court, so we should welcome the court's decision and thank the court," Babita was quoted as saying by news agency ANI.
Court's Directive
On Saturday, the Delhi High Court directed that Vinesh be allowed to participate in the selection trials. The court also ordered that the trials be video-recorded and monitored by independent observers from the Sports Authority of India (SAI) and the Indian Olympic Association (IOA).
"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.
Exclusionary Policy Criticized
The court noted that the policy and circular were "clearly exclusionary in nature" as they did not give any discretion to the WFI to consider iconic players like Vinesh, who took a sabbatical due to maternity leave. The court emphasized that the standard for selection trials marked a significant deviation from past practice, which provided discretion for selecting iconic players for the Asian Games.
"The law must ensure that motherhood does not become a ground to exclude female athletes like Phogat," the court stated. It asserted that motherhood cannot be treated as a professional impediment or a circumstance warranting adverse treatment.
Show-Cause Notice Deplorable
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 as "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.
Motherhood and Discrimination
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.
Appeal Against Single-Judge Order
The court passed the order on Phogat's appeal against the May 18 order of a single-judge bench, which denied 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.
The court further asked the two independent observers from the SAI and the IOA, to be nominated by the Centre, to file a report before the single-judge bench.
Background of the Case
In her petition, Phogat challenged the WFI's selection policy and circular, which limited eligibility for participation in the Asian Games trials only to medal winners of certain tournaments. Phogat asserted that the "qualification window" chosen by the WFI substantially overlapped with her notified sabbatical on account of pregnancy and post-partum recovery, creating a "closed and inflexible gate-keeping mechanism" that was arbitrary and discriminatory.
Earlier this month, the WFI declared Phogat ineligible to participate in domestic events until June 26, citing the mandatory six-month notice period linked to athletes returning from retirement under anti-doping rules. A defiant Phogat, however, showed up at the National Open Ranking Tournament in Uttar Pradesh's Gonda.
Phogat had participated in a protest staged by women wrestlers in 2023 against alleged sexual harassment by the then WFI president and Bharatiya Janata Party (BJP) leader Brij Bhushan Sharan Singh. In August 2024, Phogat was disqualified from the 50-kg category Olympic finals for being 100 gm overweight in the morning weigh-in.
