Vinesh Phogat against UWW in CAS: Where's the final verdict headed?

The Court of Arbitration for Sport (CAS) is set to deliver its final verdict on Vinesh Phogat's appeal on Tuesday, August 13. Phogat had appealed against her disqualification from the women’s 50 kg freestyle wrestling event at the Paris Olympics 2024. The wrestler faced disqualification from the final bout after she was found to be 100 grams over the weight limit for her category, as per the rules established by United World Wrestling (UWW). In the wake of this heartbreaking setback, Phogat announced her retirement from wrestling. However, she subsequently filed an appeal with CAS, seeking a shared claim to the silver medal in the category at the Paris Olympics.

United World Wrestling's Stance On The Appeal By Vinesh Phogat

Although this situation is undoubtedly heartbreaking, Vinesh Phogat is not the first athlete to face disqualification from the Olympic Games. Rei Higuchi, who won the gold medal in the men's 57 kg category at the Paris Olympics, experienced a similar fate at the 2020 Tokyo Olympics. The Japanese wrestler was disqualified from the qualifiers for being 50 grams over the permissible weight limit. The weigh-in rules for the tournament, as set by UWW, are not subject to modification. Thus, while Phogat's challenge for a medal is ongoing, it is anticipated that her appeal may face considerable hurdles.

Nenad Lalovic, President of United World Wrestling, stated that although he sympathizes with Vinesh Phogat, UWW is not considering the possibility of modifying any rules in favor of the Indian wrestler. Furthermore, the UWW noted that 100 grams is a significant margin, and therefore, Phogat cannot be granted any leniency regarding the regulations for this margin. Consequently, the case, now with CAS, appears to be largely out of the Indian side's control.

"I am deeply sorry for what happened, but regardless of the size of the country, athletes are athletes. The weigh-in was public, and everyone saw what transpired. How can we allow someone to compete when the rules were clearly violated? We have no choice but to adhere to our regulations," Lalovic stated.

Lalovic further clarified that this incident would not result in any major changes to the rules. While minor adjustments might be considered, the UWW’s medical team opposes altering the weight criteria for the respective categories.

"We implemented this rule out of concern for the athletes' health. Competitors must adhere to the weight rules to participate. While slight adjustments to the rules may be possible, we will not be changing them fundamentally. Our medical commission advises us, and they are firmly against any such changes," Lalovic added.

The Defence Of Vinesh Phogat In The Court of Arbitration Of Sports (CAS)

Vinesh Phogat’s defense at CAS is being handled by French lawyers Joelle Monlouis, Estelle Ivanova, Habbine Estelle Kim, and Charles Amson, who assisted the wrestler and the Indian Olympic Association (IOA) in filing the appeal. They have been provided by the Paris Bar and are handling the case pro bono. Additionally, Harish Salve, former Solicitor General of India, along with counsel Vidushpat Singhania, forms part of the team representing Phogat against the UWW decision at CAS.

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According to recent reports, the Indian defense has identified a potential loophole in the wrestling proceedings at the Paris Olympics. As per UWW rules, a wrestler who loses to a finalist is eligible to compete in the repechage round. In the women’s 50 kg category, Japan’s Yui Sasaki, who lost her bout against Vinesh Phogat, competed in the bronze medal match. However, Phogat’s disqualification resulted in her dropping to the bottom of her category, and Cuba’s Yuseneylis Guzman took her place in the final against Sarah Hildebrandt.

With Phogat’s disqualification, Sasaki should have forfeited her place in the bronze medal bout. Additionally, Guzman’s opponent from the earlier rounds should have replaced Sasaki in the respective round. However, this did not occur, and Phogat’s defense could potentially exploit this apparent oversight by the UWW during the hearing on Tuesday.

What Could Be The Likely Verdict Of CAS?

Vinesh Phogat has appealed against the UWW’s decision to disqualify her, also requesting a shared claim to the silver medal in the 50 kg category. Her disqualification from the final bout occurred due to the weigh-in rules. Wrestling events at the Olympics are scheduled across two days, and wrestlers must undergo the weigh-in test at the start of both days. Phogat successfully passed the test on the first day, allowing her to compete in the semi-final bout and secure her place in the final round.

However, on the final day, Phogat was found to be 100 grams over the weight limit. Reportedly, the wrestler had gained 2.7 kgs before the final bout, shedding most of it before the weigh-in. Nevertheless, the extra 100 grams led to her disqualification from the tournament. As a result, Phogat lost her claim to the silver medal, which she would have otherwise secured with her semi-final victory.

Given that these rules have been in place for a considerable time and Phogat’s disqualification was not due to any unforeseen or sudden changes, her case at CAS appears to be on shaky ground. The case could be prolonged, especially if CAS rules in Phogat’s favor, as the UWW is likely to challenge the decision. Moreover, if CAS ultimately denies Vinesh Phogat a medal, the wrestler may continue her pursuit by further appealing the case.