The Delhi High Court on 23 May granted wrestler Vinesh Phogat the right to participate in the Asian Games 2026 selection trials, ruling that motherhood cannot be treated as a disability or a ground for exclusion from professional sporting opportunities. The order marks a significant judicial rebuke of the Wrestling Federation of India (WFI)'s eligibility framework.

What the Court Ordered

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia directed the WFI to allow Phogat to participate in the trials scheduled for 30 and 31 May. The Bench also ordered that the entire trial process be video-recorded and directed the Union government to nominate two independent observers from the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) to oversee proceedings.

The Court allowed Phogat's appeal against an earlier interim order passed by a single judge, holding that the three-time Olympian had established a prima facie case against the WFI's selection policy and the circular restricting trial participation to medal winners of select domestic events held in 2025 and 2026.

The Maternity Exclusion at the Core

The Bench found that the WFI's policy framework failed to account for Phogat's maternity-related sabbatical and post-partum recovery period, which coincided precisely with the qualifying tournaments prescribed under the eligibility criteria.

'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.

The Bench further held that any legal or 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.'

Court's Sharp Rebuke of WFI's Show-Cause Notice

The order strongly disapproved of language used in a WFI show-cause notice issued to Phogat earlier in May, which had characterised her disqualification from the Paris Olympics 2024 final — after she failed the weigh-in — as a 'national embarrassment.' The Court called these remarks 'deplorable', describing them as 'pre-mediated' and 'vindictive.'

Notably, the Court of Arbitration for Sport (CAS) had already recorded that there was 'no wrongdoing' on Phogat's part in the Paris incident. The Bench said the WFI's observations showed 'mala fide intent' against the athlete.

WFI's Defence and the Court's Response

The WFI had opposed the plea during the hearing, arguing that its policy and circular were uniformly applicable to all athletes and that the federation lacked the discretion to carve out individual exemptions. The Court was unpersuaded.

The Bench took note of past WFI practices that had permitted 'iconic players' to participate in selection trials despite not meeting standard eligibility conditions, calling the revised policy a 'significant deviation' from earlier practice and prima facie arbitrary.

'In the interest of sport and justice… it is necessary that the Appellant is permitted to participate in the Selection Trials,' the order stated, adding that if Phogat were excluded, the pending writ petition before the single judge would itself become infructuous.

What Happens Next

The Court clarified it had not expressed any final opinion on the merits of the case. All questions relating to the validity of the WFI's selection policy dated 25 February 2026, the selection circular of 6 May, and the show-cause notice of 9 May will be decided in the pending writ petition before the single-judge Bench. Phogat's participation in the trials remains subject to the outcome of that main matter.