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Court of Arbitration for Sport rejects Vinesh Phogat's petition

They held that exceptions could not be made even if a wrestler was overweight by a few grams.

Vinesh Phogat. / X @Phogat_Vinesh

Indian hopes of its seventh medal, a shared silver, were shattered as the Court of Arbitration for Sport (CAS) dismissed the petition of Indian wrestler Vinesh Phogat.

After deferring the verdict twice, the CAS announced its ruling on Aug.14 to the great disappointment of not only Vinesh Phogat but also the Indian Olympic Association and the Indian sports fraternity. The delay in pronouncement of the order had created an impression that the Court of Arbitration would align with the statements made by the IOC Chief, Thomas Bach, and the United World Wrestling officials during their media interactions after the petition was admitted and heard.

They held that exceptions could not be made even if a wrestler was overweight by a few grams. Meanwhile, the Indian Olympic Association (IOA) President Olympian PT Usha expressed her shock and disappointment at the decision. The operative part of the August 14 decision, which dismisses Vinesh’s application to be awarded a shared silver medal in the women’s 50 kg category at the Paris Olympic Games 2024, has significant implications for her in particular and the sporting community at large.

The slight difference of 100 grams and its resulting consequences have had a significant impact, not only on Vinesh's career but also on the broader issue of unclear rules and their interpretation. The IOA strongly believes that further investigation is necessary when an athlete is completely disqualified for a weight infraction on the second day of a two-day event. Legal representatives engaged by IOA  had duly brought this out in their submissions before the sole arbitrator.

The issue surrounding Vinesh brings attention to the strict and, some may argue, harsh regulations that overlook the physical and mental pressures faced by athletes, especially female athletes. The IOA emphasized the importance of fair and sensible standards that prioritize the well-being of athletes, serving as a strong reminder.

It further said that in light of the order of the CAS, the IOA  would continue to stand in full support of Vinesh Phogat and was exploring further legal options. The IOA was fully dedicated to ensuring that Vinesh's case received a fair hearing. “We appreciate the continued support and understanding of our stakeholders, athletes, and the public, the communique said.

Vinesh Phogat had filed an application at the  Court of Arbitration for Sport (CAS) Ad hoc Division on Aug. 7 concerning the decision taken by United World Wrestling (UWW) to replace her, because of her failed second weigh-in, before the gold medal match of the women’s Freestyle 50kg competition at the Olympic Games Paris 2024. It was filed  90 minutes before the gold medal contest was scheduled.

Vinesh had initially sought a decision from the CAS Ad hoc Division annulling the challenged decision of replacing her for the final contest. She wanted another weigh-in before the final match a declaration that she be declared eligible and qualified to participate in the final.

However, she did not request urgent interim measures. Though the  CAS Ad hoc Division procedure is fast, it was not possible for a decision on the merits to be issued within an hour, bearing in mind that the respondent UWW would have had to be heard first. The procedure was, however, ongoing and the applicant had confirmed that she was seeking the annulment of the challenged decision. She requested to be awarded a (shared) silver medal.

The matter was referred to  Dr Annabelle Bennett AC SC (AUS), Sole Arbitrator, who held a hearing with the parties. The sole arbitrator’s decision was initially expected to be issued before the end of the Olympic Games. However, it was delayed till after the second day of the conclusion of the Games.

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