Haren
Indian wrestler Vinesh Phogat’s disqualification from the women’s 50kg event at Paris 2024 Olympics after being 100 grams over the weight limit on the day of the gold medal match after being eligible to compete on day one, is ‘draconian’ but still cannot be disputed under existent rules, the Court of Arbitration for Sport stated in the detailed report that it published on Monday.
“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,” one of the points in the CAS report said. “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.”
Could Vinesh Phogat’s Day 1 results have been retained? Here’s a breakdown of key findings from CAS’ full verdict:
Three difficult bouts
The Applicant (Vinesh Phogat) fought three difficult competitions on August 6 and needed to eat and drink for her health. Short time between bouts, due to the distance between the venue and the Athletes’ Village, which left Vinesh Phogat with little time for losing weight before the second weigh-in.
Pre-menstrual phase
The IOA produced a medical certificate dated August 8, 2024 that Vinesh Phogat was in her pre-menstrual phase and cited medical literature on body weight changes during menstruation. “The biological difference in the bodies of male and female wrestlers, particularly in light of the menstruation of women, needs to be taken into account whilst determining the eligibility of female wrestlers on the second day of the weigh-in,” the IOA submitted.
CAS: There is no evidence in this case of the consequences of differences in the bodies of male and female athletes with regard to weigh-in and weight categories. The weight categories generally and the 50 kg weight category for Vinesh Phogat as a woman wrestler are not challenged. The effects of any such differences, and of steps to mitigate such effects, are speculative and unsupported by evidence and cannot be considered for the purposes of this application.
Wrestler Vinesh Phogat is greeted by supporters at New Delhi’s IGI Airport after she returned from the Paris Olympics on Saturday. (Image: Gajendra Yadav)
Issue with weighing machine during Vinesh Phogat’s weigh in
The IOA brought up that the weighing machine when empty showed a measurement of 50 grams, being half of the athlete’s excess weight.
CAS: The fact remains that the Applicant was above the 50 kg limit at the second weigh-in. There is no evidence to support the contention that, somehow, the scales were faulty.
Insufficient explanation
Vinesh Phogat submitted that there was insufficient training of, and explanation to, athletes from diverse backgrounds and levels of understanding of the procedures.
CAS: However, it is apparent from Vinesh Phogat’s evidence that she did understand the need to weigh-in at under 50 kg and that she made efforts to do so, both before presenting for the second weigh-in and on the occasion of the second weigh-in during the 15 minutes available to her to repeat the standing on the scales.
Are the Olympics an International Tournament?
The IOA argued that Article 8 does allow a 2 kg tolerance, as such tolerance is allowed for International Tournaments. Article 8 provides in part: “2 kg weigh tolerance is allowed for World Cup, UWW Ranking Series Tournaments and for the International Tournaments”. The argument that was put forward was that this means that a 2 kg weight tolerance is allowed for the Olympic Games, as an International Tournament.
CAS: The Sole Arbitrator concluded that… the preferred construction of “the International Tournaments” in Article 8 of the Rules, as used in that Article, does not include the Olympic Games and that the Athlete was not entitled to that tolerance on her second weigh-in.
Retain results of first day?
Vinesh Phogat mainly contested that she should not be deprived of the rights that had accrued prior to her failed second weigh-in, for which she had been eligible. This, she submits, applies to entitle her to a silver medal and all rankings and scores and points, as to which she had a “legitimate expectation”.
CAS: Much as the Sole Arbitrator sees the logic in a rule that limits the consequences to the round for which the wrestler is not eligible while maintaining the results of rounds for which she
was eligible, the Rules do not provide for such an outcome – to the contrary. The Rules use the words “eliminate” and, further, provide that the wrestler is ranked last, without rank. CAS
case law is replete with the conclusion that it is not the prerogative of CAS Panels or Sole Arbitrators to rewrite federation rules.
What were CAS’ major observations in the Vinesh Phogat case?
Scope for challenging rules
Vinesh Phogat did not seek orders that the Rules be overturned or otherwise declared unenforceable. Her challenge is to their implementation and application to her situation. Many of her submissions would be relevant to such a challenge of validity but that is not the relief that Vinesh Phogat seeks.
Consequences are draconian
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.
