Onus on athlete to ensure they remain below limit: CAS in detailed verdict on Vinesh Phogat's appeal

NEW DELHI: The Court of Arbitration for Sport (CAS) upheld the disqualification of Indian wrestler Vinesh Phogat from the Paris Olympics, emphasizing the athlete's responsibility to meet weight requirements.

Phogat, a medal hopeful who had secured a historic victory over Japan's Yui Susaki, was disqualified after failing to make weight on the second day of competition in the women's 50kg category.

The CAS, in its detailed order published on Monday, acknowledged Phogat's experience and voluntary participation in the chosen weight category.

The court stated that Phogat, being a seasoned wrestler familiar with the rules, understood the weight limitations and chose to compete under those conditions.

The CAS further highlighted that Phogat's inability to meet the weight limit stemmed from her chosen weight management strategy and not from any external factors or interference.

Therefore, the court concluded that Phogat's appeal for a joint silver medal, alongside Cuban wrestler Yusneylis Guzman Lopez, lacked merit.

"The Sole Arbitrator has concluded that the Applicant, of her own free will, entered into the 50 kg wrestling category and well knew that this required her to maintain a weight for competition below 50 kg. Article 7 of the Rules provides, relevantly, that each contestant is deemed to be taking part of her own free will and is responsible for herself and is entitled to compete in only one weight category, the one corresponding to her weight at the time of the official weigh-in," The CAS stated on Monday.

"The Applicant is an experienced wrestler who had previously competed under the Rules. There is no evidence to the contrary, or any evidence by the Athlete that she did not understand the weight requirements. She voluntarily entered the 50 kg category and, from the evidence, undertook a regime to keep within that weight limit. Her evidence was that she did not have sufficient time to complete a weight loss program, not that she somehow found it interfered with her bodily rights," it added.

However, the CAS did express concern over the severity of the disqualification penalty. The court deemed the consequence of complete elimination without ranking as "draconian," particularly considering Phogat's successful participation in earlier rounds.

The CAS suggested that a fairer approach might involve disqualification solely from the round where the weight violation occurred, while preserving the athlete's ranking from previous rounds.

"The consequences of the failed second weigh-in, which do not arise from any illegal or wrongful act on the part of the Applicant are, in the opinion of the Sole Arbitrator, draconian. A consequence of elimination without ranking from the round for which the Athlete was found ineligible, having been eligible for the rounds for which she competed, would seem to be a fairer solution," the statement noted.

While acknowledging the athlete's responsibility, the CAS also raised a crucial point about the potential need for a more nuanced approach to penalties in such situations.