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Issues Notice on Vinesh Phogat's Plea for Women Athlete Maternity Policy
The on Tuesday issued a formal notice on a landmark petition filed by Olympic wrestler Vinesh Phogat, seeking a comprehensive policy to safeguard women athletes who return to competitive sports after pregnancy and maternity leave. In a separate matter, the court also examined Phogat’s challenge to two issued by the , directing the federation to seek instructions on the .
Justice Swarana Kanta Sharma, presiding over the bench, listed the policy petition for further hearing on and granted time to the respondents, including the WFI, to file their responses. The twin pleas, filed under case numbers W.P.(C)-12674/2026 and W.P.(C)-12639/2026, underscore a growing tension between the individual rights of sportswomen and the existing governance structures in Indian sports.
A Champion’s Return
Vinesh Phogat, one of India’s most decorated female wrestlers and a vocal advocate for athlete welfare, welcomed her first child in . Her return to the mat after maternity leave has brought to the forefront a critical gap in sports policy: the lack of structured protection for women athletes regarding ranking, selection, training support, and financial stability during and after pregnancy.
, appearing for Phogat, argued before the court that the petition raises a “larger question” concerning lady athletes and the impact of maternity leave on their ability to participate in the sport. “In fact, international standards are that a female athlete who takes maternity leave is given some benefits and protection of her ranking etc.,” Rao submitted, drawing attention to global best practices adopted by federations such as the and .
The submission highlights a critical disparity: while several international sporting bodies have implemented policies granting extended ranking protection, seeding benefits, and automatic qualification exemptions for athletes returning from pregnancy, Indian sports federations largely operate without comparable safeguards.
The Policy Vacuum
The legal challenge presented by Phogat is not merely about her individual case but aims to establish a systemic framework. The petition seeks directions to the WFI and the central government to formulate a clear policy that addresses the physical, logistical, and competitive challenges faced by sportswomen after childbirth.
Key demands likely include protection of existing rankings for a defined period, priority seeding in tournaments, continued access to training facilities and medical support, and prohibition of discriminatory selection criteria that penalise athletes for taking maternity leave.
Currently, no uniform policy exists under the administrative purview of the WFI, leaving women athletes vulnerable to sudden drops in ranking, loss of sponsorship, and exclusion from national camps or tournaments. The ’s decision to issue notice signals judicial willingness to examine whether the absence of such a policy violates constitutional guarantees of equality () and the (), which includes the right to pursue one’s profession without unreasonable barriers.
Disciplinary Crossfire
In the second petition, Phogat challenges two served by the WFI, which initiated against her. The nature of the alleged infractions has not been explicitly detailed in the public record, but the of the process is under scrutiny.
Rajshekhar Rao informed the court that despite the court’s earlier direction to adjudicate the first show cause notice, the WFI has failed to do so. “Your lordships had initially directed them to adjudicate my first show cause—even that has not been done. I’m only requesting if my lord can consider on a short returnable date,” Rao submitted.
Counsel for the WFI countered that twice the federation kept hearings, and twice Phogat failed to appear, adding that a final opportunity had been given with a hearing scheduled for the following day. Rao, however, argued that the petitioner had requested the WFI to disclose who constituted the disciplinary committee, a procedural demand that remained unaddressed.
The court, seeking to balance the parties’ procedural rights, directed the WFI to seek instructions and listed the matter for . This timeline suggests that the court expects a swift resolution of the , possibly before the policy petition gains full momentum.
Legal Framework
The two petitions, though distinct, converge on the broader issue of athlete autonomy and institutional accountability. In the policy petition, the legal question revolves around whether the to , read with the , imposes a positive obligation on sports federations to make for pregnancy and motherhood.
Globally, the legal landscape has shifted. The and various national tribunals have recognised that pregnancy-related discrimination in sports constitutes a violation of gender equality norms. The ’s observation in this case, if it proceeds to a final judgment, could align Indian jurisprudence with these international standards.
The show cause proceedings, on the other hand, test the WFI’s adherence to . The petitioner’s insistence on knowing the composition of the disciplinary committee reflects a legitimate concern about . Courts have consistently held that disciplinary bodies must be constituted transparently and must avoid even the appearance of bias.
What Lies Ahead
The next hearings are critical. On , the court will take stock of the and the WFI’s compliance. Meanwhile, the policy petition, with notice issued, opens the door for the , the , and the WFI to submit their positions.
If the court ultimately directs the formulation of a maternity policy, it will not only affect wrestling but could serve as a template for all National Sports Federations in India. Such a precedent would be a significant milestone in the ongoing struggle for gender equity in Indian sports, particularly in disciplines where women athletes have long demanded structural reforms.
For Phogat, the legal battle is as much about her future career as about the legacy she leaves for the next generation of sportswomen. For the legal community, the case offers a rare opportunity to see how constitutional rights are being applied to the evolving field of sports governance.
