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Vinesh Phogat gets nod from Supreme Court to feature in Asian Games Trials
The Supreme Court on Friday allowed wrestler Vinesh Phogat to take part in the Asian Games selection trials scheduled for May 30, declining to stay a Delhi High Court order that had granted her relief.Hearing a petition filed by the Wrestling Federation of India (WFI) against the High Court’s decision, a Bench comprising Justices PS Narasimha and Alok Aradhe refused to put the order on hold, paving the way for Phogat’s participation in the trials.
However, the apex court voiced concerns over the manner in which the Delhi High Court had granted relief to the wrestler. Despite its reservations, the Bench decided not to interfere with the order at this stage, citing the imminent commencement of the selection trials.
The Bench specifically directed that Vinesh Phogat be allowed to participate in the trials beginning on May 30. It also issued a notice to Phogat on the plea filed by the WFI and said the issues raised in the matter would be examined at a later stage.Counsel appearing for the WFI urged the court to stay the High Court’s order, arguing that the federation was adhering to international norms and that there had been no targeted attempt to exclude Phogat.
On May 22, a Division Bench of the Delhi High Court had directed that Phogat be permitted to participate in the selection trials scheduled for May 30 and 31. The High Court observed that the WFI’s selection policy was “clearly exclusionary in nature” as it left no scope for the federation to consider iconic athletes like Phogat who had taken a sabbatical due to maternity leave.
The court noted that a woman athlete cannot be penalised for availing maternity leave. The High Court further observed that Phogat’s exclusion from the selection trials was directly linked to the break she took from competitive sport owing to maternity leave, and stressed that the law must ensure motherhood does not become a basis for excluding or marginalising female athletes.
However, the apex court voiced concerns over the manner in which the Delhi High Court had granted relief to the wrestler. Despite its reservations, the Bench decided not to interfere with the order at this stage, citing the imminent commencement of the selection trials.
The Bench specifically directed that Vinesh Phogat be allowed to participate in the trials beginning on May 30. It also issued a notice to Phogat on the plea filed by the WFI and said the issues raised in the matter would be examined at a later stage.Counsel appearing for the WFI urged the court to stay the High Court’s order, arguing that the federation was adhering to international norms and that there had been no targeted attempt to exclude Phogat.
The court noted that a woman athlete cannot be penalised for availing maternity leave. The High Court further observed that Phogat’s exclusion from the selection trials was directly linked to the break she took from competitive sport owing to maternity leave, and stressed that the law must ensure motherhood does not become a basis for excluding or marginalising female athletes.
