Setback for Vinesh Phogat: Arbitration court rejects wrestler’s appeal against Olympic disqualification
Paris: Dashing all hopes of winning an Olympic silver medal, the ad hoc department of the Court of Arbitration for Sport (CAS) dismissed wrestler Vinesh Phogat’s appeal against her disqualification from the Olympic Games final after she missed the weight test, the Indian Olympic Association (IOA) said on Wednesday. Vinesh, 29, was disqualified last week for being 100 grams overweight during the weigh-in measurement on the morning of the women’s 50kg freestyle final.
Despite the announcement of an extension of the last date for delivering the verdict till August 16, the verdict against the star wrestler came this evening and it was a brief one-line statement.
The CAS order said, “The Ad Hoc Division of the Court of Arbitration for Sport (CAS) makes the following decision: The application filed by Vinesh Phogat on August 7, 2024 is dismissed.”
In her appeal, Vinesh had demanded that she be given a joint silver medal with Cuban wrestler Yusnelis Guzman Lopez, who lost to her in the semi-finals, but she got a place in the top bout after the Indian wrestler was disqualified. The gold medal was won by American wrestler Sarah Ann Hildebrandt.
IOA president PT Usha expressed “shock and dismay” over the incident in a statement. The body also criticised the “inhumane rules” of the United World Wrestling (UWW) that failed to consider the “physical and psychological stress” faced by the athletes.
According to her wrestling partner and Tokyo Olympics bronze medallist Bajrang Punia, Vinesh is scheduled to return to India from Paris on Saturday. The IOA said it will continue to explore legal options but the matter appears to be closed at this point.
“The effective part of the August 14 decision, rejecting Vinesh’s application for being awarded her shared silver medal in the women’s 50kg category at the Paris Olympic Games, has significant implications for her in particular and for the sports community at large,” the IOA said.
“The IOA stands in full support of Ms Phogat and is exploring further legal options. The IOA is committed to ensuring that Vinesh’s case is heard,” it added.
The rejection of Vinesh’s appeal means that India’s medal tally at the Paris Olympics will rise to six, which includes one silver and five bronze medals.
The Haryana wrestler, who was participating in the Olympics for the third time, had chopped off her hair, gone without food and water and worked out all night to stay within the prescribed weight limit, but even the extreme measures could not save her from being disqualified.
She filed an appeal with CAS a day later, but a dejected Vinesh announced her retirement from the sport soon after in an emotional social media post.
“The marginal difference of 100 grams and its consequence will not only have profound implications on Vinesh’s career but will also raise serious questions about the ambiguous rules and their interpretation,” the IOA said in the statement.
“The IOA strongly believes that the blanket disqualification of an athlete for such a weight violation on the second of two days is a matter of deep scrutiny.
It said, “The case involving Vinesh highlights the harsh and arguably inhumane rules that fail to take into account the physical and psychological stresses placed on athletes, particularly women athletes.”
The IOA said the decision was a “stark reminder” of the need for more equitable and fair standards that prioritise the well-being of athletes.
Everyone’s opinion was sympathetic towards Vinesh. Top athletes like javelin thrower Neeraj Chopra, hockey star PR Sreejesh and even cricket legend Sachin Tendulkar supported her and advocated for a silver medal for her.
However, many powerful people including International Olympic Committee (IOC) chief Thomas Bach and UWW chief Nenad Lalovic also said that the rules cannot be changed, as such relaxation could have wide-ranging consequences.
Is it possible to appeal against a CAS decision?
According to its website, appeals are allowed, but the process is so rigorous that the chances of getting relief are almost negligible.
“Judicial assistance in the Swiss Federal Tribunal is only granted on very limited grounds, such as lack of jurisdiction, violation of elementary procedural rules (violation of the right to a fair hearing) or incompatibility with public policy.”
Vinesh’s legal team comprised French lawyers Joel Monlouis, Estelle Ivanova, Habin Estelle Kim and Charles Amson, who assisted her and the IOA in filing the application. They were provided by the Paris Bar and were handling the case pro bono.
Apart from this, senior advocates Harish Salve and Vidushpat Singhania were also included to assist him in the case.
The CAS ad-hoc division, specially set up for dispute resolution during sports, had on Friday last week accepted Vinesh’s appeal against her expulsion.
(With PTI inputs)