Court Recognizes Motherhood as a Non-Deterrent in Professional Sports, Ensures Interim Relief for Athlete
In a landmark decision affirming the principles of gender equality and non-discrimination, the Delhi High Court has allowed renowned wrestler Vinesh Phogat to participate in the upcoming Asian Games 2026 selection trials. The judgment, delivered by a bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, emphasized that motherhood should not be treated as a professional hindrance or a basis for exclusion in sports.
The court was hearing an appeal by Phogat, challenging her exclusion from the selection trials due to a sabbatical taken for maternity. The court observed that legal frameworks disadvantaging women due to maternity are in violation of Articles 14 and 21 of the Indian Constitution, which guarantee equality and the right to life, respectively.
The dispute arose when the Wrestling Federation of India (WFI) issued a policy and circular restricting trial participation to medalists from specified championships, which Phogat could not attend due to her maternity leave. Additionally, a Show Cause Notice issued by WFI further barred her from participating in federation events.
The court noted that motherhood, a celebrated aspect of life, should not lead to professional exclusion or marginalization. The bench criticized the exclusionary nature of the WFI's policies and the derogatory references in the Show Cause Notice regarding Phogat's previous Olympic disqualification, which the Court of Arbitration for Sport had already resolved in her favor.
Recognizing Phogat's illustrious career and her compliance with international anti-doping and return-to-competition protocols, the court granted her interim relief to participate in the trials. This decision ensures that the ongoing writ petition challenging the policies is not rendered infructuous.
The court directed that the selection trials be video-recorded and observed by independent officials from the Sports Authority of India and the Indian Olympic Association to ensure transparency and fairness. The court emphasized that its observations were limited to interim relief and that the merits of the writ petition would be decided independently.
This judgment underscores the judiciary's role in upholding constitutional rights and promoting gender equality in sports, setting a significant precedent for the inclusion of women athletes post-maternity in competitive sports.
Bottom Line:
Motherhood cannot be treated as a professional impediment or a ground for exclusion in sporting activities. A legal and regulatory framework disadvantaging women due to maternity violates Articles 14 and 21 of the Constitution of India. Interim participation in selection trials for Asian Games 2026 allowed to ensure justice.
Statutory provision(s): Articles 14 and 21 of the Constitution of India
Vinesh Phogat v. Wrestling Federation of India, (Delhi)(DB) : Law Finder Doc id # 2905300
