Motherhood Cannot Be Ground for Exclusion: Delhi High Court Allows Vinesh Phogat to Compete in Asian Games Trials

New Delhi, May 2026 : In a significant ruling reinforcing gender equality in sports, the Delhi High Court has allowed wrestler Vinesh Phogat to participate in the Asian Games 2026 selection trials, holding that motherhood cannot be treated as a “disability” or a basis for exclusion from professional sporting opportunities.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the Wrestling Federation of India (WFI) to permit Phogat to take part in the selection trials scheduled for May 30 and 31. The Court also ordered that the entire selection process be video-recorded to ensure transparency.

Delivering its observations, the Bench emphasised that motherhood is a natural and important aspect of life and must be accommodated within institutional frameworks governing sports.

“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 said.

Strong observations on selection policy

The Court was hearing Phogat’s appeal against an earlier interim order passed by a single judge, which had declined her request to participate in the trials. The wrestler had challenged the WFI’s selection policy for the Asian Games, particularly a circular restricting participation to medal winners from specified domestic events held in 2025 and 2026.

The Bench observed that the policy did not take into account Phogat’s maternity-related break and post-partum recovery period, which coincided with the qualifying competitions mentioned in the eligibility criteria.

“In the present case, the Appellant’s exclusion from the Selection Trials is directly attributable to the sabbatical and temporary retirement from her sporting activities,” the Court noted.

The judges held that this exclusion created a prima facie case against the fairness of the policy, particularly when applied to an elite athlete with a proven international record.

Criticism of WFI’s conduct

The Court also came down heavily on the Wrestling Federation of India for its handling of the matter, especially a show-cause notice issued to Phogat earlier this month. The notice had referred to her failure to qualify for the Paris Olympics 2024 final after a weigh-in issue as a “national embarrassment”.

Terming the language used in the notice as “deplorable”, the Bench said the remarks appeared vindictive and premeditated. It also noted that the Court of Arbitration for Sport (CAS) had already found “no wrongdoing” on Phogat’s part.

“Such observations are retrograde and show the mala fide intent of Respondent No.1 (WFI) by being vindictive against the Appellant,” the Court said.

Constitutional principles upheld

The judgment further highlighted that any institutional framework that disadvantages women due to pregnancy or post-partum recovery would violate constitutional guarantees.

“A legal and regulatory framework that either expressly or impliedly disadvantages a woman on account of pregnancy or post-partum recovery would clearly violate the principles of non-discrimination enshrined in Articles 14 and 21 of the Constitution,” the Bench stated.

It also pointed out that WFI had earlier allowed “iconic players” to participate in selection trials even when they did not fully meet eligibility criteria, indicating inconsistency in the federation’s approach.

Interim relief and safeguards

Allowing Phogat’s participation, the Court clarified that this order was interim in nature and subject to the final outcome of the pending writ petition before the single-judge Bench. It further directed that the trials be conducted under independent oversight.

The Union government was instructed to appoint two observers from the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) to monitor the trials and submit a report to the court.

The Bench also made it clear that if Phogat was not allowed to participate, the pending petition itself would lose relevance. “In the interest of sport and justice… it is necessary that the Appellant is permitted to participate in the Selection Trials,” it said.

Phogat’s challenge

Phogat had challenged the WFI’s policy dated February 25, 2026, the selection circular issued on May 6, and the show-cause notice dated May 9. She argued that despite informing international and national sporting bodies about her maternity break, she was rendered ineligible until June 2026.

The Wrestling Federation opposed her plea, arguing that the rules were uniformly applicable to all athletes and no exemptions could be granted.

However, the High Court ruled that excluding her from the trials at this stage would cause irreparable harm to her case and undermine fairness in sport.

With this decision, the Court has temporarily cleared the way for Phogat to compete in the Asian Games selection process, while the broader legal challenge to WFI’s policy remains pending.