BJP leader Babita Phogat Welcomed the Delhi High Court’s decision to allow the Indian wrestler. Vinesh Phogat To participate in the Asian Games 2026 selection trials scheduled on May 30 and 31.The Delhi High Court’s order comes after the Wrestling Federation of India (WFI) disqualified Vinesh from domestic competitions till June 26. Babita, herself a former wrestler, said the court’s decision was correct. “I accept the court’s decision, and the court’s decision is correct. Whatever the case, the court has already given its verdict. There is nothing bigger than the court, so we should welcome the court’s decision and thank the court,” news agency ANI quoted Babita as saying.On Saturday, the Delhi High Court directed that Vinesh be allowed to participate in the selection trials. The court also ordered that the trials be video-recorded and monitored by independent observers from the Sports Authority of India and the Indian Olympic Association.The court, in its order issued on May 22, said that “the appellant (Phogat) shall be permitted to participate in the selection trials for the Asian Games, 2026, which are scheduled on 30.05.2026 and 31.05.2026”.“The policy and circular are categorically exclusionary in nature as it does not give any discretion to respondent No. 1 (WFI) to consider popular sportspersons like the appellant in view of the leave taken on account of her maternity leave,” it said.The court said the criteria for selection trials marked a significant departure from past practice, which gave discretion to the selection of popular athletes for the Asian Games, adding that the law should ensure that maternity does not become a ground for exclusion of female athletes like Phogat.She emphasized that maternity cannot be treated as a professional obstacle or as a condition that warrants adverse treatment.The court further observed that the grounds taken by the WFI in its May 9 show-cause notice to Fogt “seem to reopen previously arbitrated and closed cases” and that “it is imperative that the appellant be allowed to participate in the selection trials in the interest of sport and justice”.The court also took exception to the WFI terming Phogat’s disqualification from the 2024 Paris Olympic Games as a “national embarrassment” in the show cause notice, saying such a statement was “regrettable”, “misconceived ex face” and “must be avoided”.“Such observations go back and show the bad faith of respondent No. 1 in retaliating against the appellant,” he asserted.The court observed that Phogat’s exclusion from the selection trials was directly attributable to her “temporary and temporary retirement”, and added that the clause prejudicing a woman due to pregnancy or post-natal recovery violated the principles of non-discrimination enshrined in Articles 14 and 14 and Article 2.“It cannot be denied that a female athlete’s pregnancy and postnatal journey is fraught with extraordinary physical challenges, the magnitude of which is often inadequately recognized within the institutional sports framework,” the court said.“Motherhood should be seen as a natural and deeply important aspect of life that deserves accommodation and institutional sensitivity. Therefore, the law should ensure that maternity does not become a ground for exclusion or marginalization of female athletes, such as the appellant.”The court ruled on Phogat’s appeal against the May 18 order of a single-judge bench, which denied him immediate relief on the issue of his participation in the selection trials.In the order, the court noted that since the selection policy and show cause notice are being examined by a single-judge bench, it is important not to allow the petition to fail at this stage by not allowing Phogat to participate in the Asian Games trials.It said that prima facie, Phogat has made out a good case on merit to challenge the policy and the circular for being wholly arbitrary and discriminatory.“It is clear that apart from the appellant’s motherhood and the SCN issued by respondent No. 1, she would be entitled to participate in the selection trials. Therefore, the circumstances were beyond her control and while the legality of the policy, the circular and the findings of the SCN are reviewed by a learned single judge, it is considered appropriate to participate in the selection trials,” he opined.The court further asked two independent observers from SAI and IOA, nominated by the Centre, to submit a report before the single-judge bench.In his petition, Phogat has challenged the WFI’s selection policy and circular, which limited eligibility to participate in the Asian Games trials to medal winners of certain tournaments.Phogat asserts that the “window of eligibility” chosen by the WFI overlapped substantially with its notified sabbatical due to pregnancy and postnatal recovery, creating a “closed and inflexible gatekeeping mechanism” that was arbitrary and discriminatory.Earlier this month, the WFI had ruled Phogat ineligible for domestic matches until June 26, citing the mandatory six-month notice period attached to athletes returning from retirement under anti-doping rules.A defiant Phogat, however, showed up at the National Open Ranking Tournament in Gonda, Uttar Pradesh.In 2023, Phogat participated in a protest by women wrestlers against alleged sexual harassment by the then WFI president and Bharatiya Janata Party (BJP) leader Brij Bhushan Sharan Singh.In August 2024, Phogat was disqualified from the Olympic finals in the 50 kg category for being 100 grams overweight at the morning weigh-in.
