In a significant order concerning women athletes and maternity rights in sports, the Delhi High Court on Thursday allowed wrestler Vinesh Phogat to participate in the Asian Games 2026 selection trials, observing that motherhood cannot be treated as a professional impediment.
A Division Bench led by the Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the order while hearing an appeal filed by Phogat against an earlier decision of a Single Judge that had not granted her interim relief.
Background of the Case
Phogat had challenged the Wrestling Federation of India’s Asian Games Selection Policy and a subsequent selection circular which limited eligibility for the trials only to medal winners from specified domestic tournaments conducted in 2025 and 2026.
According to the wrestler, she could not participate in those qualifying competitions because she had taken a maternity-related sabbatical after informing international anti-doping authorities and wrestling bodies about her temporary break from the sport.
The case also involved a show-cause notice issued by the Wrestling Federation of India over the Paris Olympics weigh-in controversy. Phogat argued that the notice unfairly prevented her from participating in wrestling events till June 2026.
Senior counsel appearing for Phogat told the court that she was not seeking direct qualification but only an opportunity to compete in the trials on merit.
The High Court made detailed observations on the challenges faced by female athletes during pregnancy and post-partum recovery.
“The motherhood must be viewed as a natural and deeply significant aspect of life that deserves accommodation and institutional sensitivity,” the bench observed.
The court further said that any legal or regulatory framework that disadvantages a woman because of pregnancy or post-partum recovery would violate constitutional guarantees of equality and dignity under Articles 14 and 21 of the Constitution.
Referring to Phogat’s sporting achievements, the court noted that she had brought laurels to the country and that “motherhood cannot be treated as a professional impediment.”
The bench also took exception to remarks made in the show-cause notice regarding the Paris Olympics incident.
The court termed the federation’s reference to the episode as a “national embarrassment” as “deplorable” and observed that such comments appeared “pre-mediated” despite findings by the Court of Arbitration for Sport that there was no wrongdoing on Phogat’s part.
It further noted that the federation’s policy appeared exclusionary because it left no room for accommodating athletes returning from maternity leave.
While clarifying that the merits of the main writ petition would still be examined separately, the Division Bench held that denying Phogat participation during the pendency of the case would make her challenge meaningless.
The court therefore directed that:
- Vinesh Phogat shall be permitted to participate in the Asian Games 2026 selection trials scheduled for May 30 and 31, 2026.
- The selection trials will be video-recorded.
- Two independent observers from the Sports Authority of India and the Indian Olympic Association will supervise the process and submit a report before the Single Judge hearing the pending writ petition.
Case Details:
Case Title: Vinesh Phogat v. Wrestling Federation of India & Ors.
Case Number: LPA 399/2026
Judges: Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia
Decision Date: May 22, 2026
