Author: Prachi Mangla, Student at IILM University
Conflict regarding the validity of the decision of Vinesh Phogat’s disqualification form Paris Olympics 2024 has raised many questions regarding its legal status under Indian laws as well as the international laws of sports. This article explains the legal issues regarding her disbarment, consequences of using the College’s appeal to the Court of Arbitration for Sport (CAS), and the general principles of Indian law governing athlete accountability.
Background of the Disqualification
Vinesh Phogat, an Indian wrestler was deprived of the chance to fight for gold in the women’s 50 kg class after she was found 100 gm over the weight limit in the second trial. This decision was taken by United World Wrestling, UWW, according to which the athlete has to weigh-in twice during the competition. Although Phogat had managed to lose weight on the first day of weigh-ins, she was unable to do so on the second day leading to her disqualification a few hours to her bout against USA’s Sarah Hildebrandt.
Disqualification not only halted Phogat’s Olympic dreams but also left many wondering about the methods that are being adopted, where the margin was barely one kilogram. After the disqualification, Phogat appealed the UWW’s ruling to CAS to contest for her previous performances to be considered.
Legal Framework
International Sports Law
CAS is the leading world panel of the resolution of the sports conflicts, with reference to the Olympic games related complaints. It is autonomous and works under its norms and is affiliated to the International Olympic Committee (IOC) and a number of world sport associations. In this case, The CAS Ad Hoc Division is handling the appeal for Phogat since it is employed to tackle such issues within the Olympics period.
The legal basis for Phogat’s appeal rests on several key points:
Procedural Fairness: Therefore, Phogat’s legal advisors’ opinion is that she was provided with no chance to overcome the flaw of filling the weight. They argue that the opportunity to reweighing was not given before the UWW disqualified her and therefore their decision was wrong.
Recognition of Prior Performance: According to Phogat’s lawyer, the fact that Phogat successfully made weigh-in on the first day of the competition should be taken into consideration when determining she meet the requirements for the final. They posit that the rules have to consider the athlete’s performance not his failure in a weigh-in instance.
Request for Joint Silver Medal: Phogat is also asking for her recognition before the disqualification and is demanding a 50-50 split of the silver medal for the earlier rounds that she competed in.
Indian Legal Context
Pursuant to the Indian law, the Arbitration and Conciliation Act, 1996 rules on arbitration agreements and the recognition and enforcement of Arbitral Awards. This indicates that CAS as an arbitration body arrives at decisions which are enforceable within the legal structure of India. The laws of India do appreciate the usage of international arbitration more so in relation to affairs of sports because of the possibility of disputes.
Phogat’s matter also briefly arises the doctrines of natural justice whereby nobody is adversely affected without being afforded an opportunity to be heard. Arguing she was not given this chance could hold appeal to Indian legal standards that may alter the CAS’s perspective of her case.
Proceedings and Current Status
Extending the timeline up to August 9, 2024, the CAS has admitted Phogat’s appeal of the decision and has scheduled the hearing. The counsel includes senior advocate Harish Salve along with a team of Pro bono counsel from the Paris Bar arising her legal cases. Such issues as the admission of reasons for her appeal and the petition to have both athletes share the silver medal and the plea for procedural unfairness of the disqualification are expected to be discussed in the hearing.
This lady has attracted many followers, irrespective of the place they find themselves, within or outside India. The result should also be expected to bear some relevance on how weight-contingent exclusions will be managed in the future, with reference to the future disposition towards athletes past performances.
Implications for Athlete Rights
Here, Vinesh Phogat has been disqualified, and it has become imperative to talk about athletes’ rights and responsibilities of the sports associations. The very small weight difference by which she was disqualified has raised concerns about the harshness of weight requirements and the necessity of different standards that would take into account the circumstances of an athlete’s performance capacities.
National Federations and Their Positions
WFI and IOA have vehemently condemned the disqualification asked to be made to Phogat. They have stated that given the circumstances, the decision was overly severe and have urged that the conduct pertaining to the specific weight divisions ought to be changed. Their participation underlines the activities of national federations that act as the defender of athletes’ interests and that protect their rights during international events.
Future Considerations
The decision, which Phogat is yet to deliver would determine the fate of other such cases concerning weight restrictions. And if CAS runs with it and in favor of the athletic, it shall not surprise to see other athletes in similar situation as her doing the same and challenging disqualification due to minor variation in their weights. On the other hand, an adverse decision for her might maintain the status quo of the industry and might set up an even more rigid compliance with the policies regarding the weight of the models.
Conclusion
The decision of Vinesh Phogat’s disqualification in Paris Olympics 2024 remains a legal matter of a high level of complexity with the connectivity of foreign law of sports, Indian law principles, and artisans’ rights. While waiting for the CAS to review her appeal, this case goes beyond Phogat’s experience bringing in to question idea of fairness, procedural justice and the treatment of athletes in competitive sports.
The decision from the CAS will be given shortly and is something that will interest many keen on sports, lawyers, and potential athletes. In any case, such stories of Phogat raise critical awareness of the necessity for changes in the existing weight control mechanisms and the promotion of athletes’ rights in the competitive sporting system. Thus, as the sporting world continues to change, the issue of fairness and justice of people like Vinesh Phogat will continue to be the concern of all stakeholders.
Frequently Asked Questions
What were the main reasons for Vinesh Phogat’s disqualification from the Paris Olympics 2024?
Vinesh Phogat was disqualified from the women’s 50 kg wrestling event after failing to meet the weight requirement by 100 grams during the second weigh-in. According to the regulations set by United World Wrestling (UWW), athletes must successfully weigh in on both days of competition. Despite having made weight on the first day and winning her matches, her failure to comply on the second day resulted in her disqualification just hours before the final bout.
What legal avenues is Vinesh Phogat pursuing following her disqualification?
Following her disqualification, Vinesh Phogat filed an appeal with the Court of Arbitration for Sport (CAS), challenging the UWW’s decision. Her legal team argues that she was not given a fair opportunity to rectify her weight issue and that her successful weigh-in on the first day should be considered in evaluating her eligibility for the final match. Additionally, they are requesting recognition of her earlier performance and a shared silver medal based on her achievements prior to the disqualification.
How does Indian law relate to the proceedings of Vinesh Phogat’s case?
Indian law, particularly the Arbitration and Conciliation Act of 1996, recognizes arbitration agreements and the enforcement of arbitral awards, which means that decisions made by the CAS are enforceable in India. The principles of natural justice, which require fair hearing and due process, also play a significant role in Phogat’s case. Her legal arguments emphasize that she was not afforded a fair opportunity to address her weight issue, potentially aligning with Indian legal principles that protect the rights of individuals in legal proceedings.
