Vinesh Phogat's CAS verdict: Between silver medal and 'draconian' rule

The CAS (Court of Arbitration for Sport) ruling out of Vinesh Phogat’s appeal was on expected lines, but sections of the 24-page verdict released on Monday, 19 August, highlight the thin line between a possible silver medal and the colossal heartbreak again.

'Draconian' is how the lone Australian arbiter, Annabelle Bennett, characterises United World Wrestling (UWW) weigh-in rules whereby the Indian wrestler was disqualified for being 100 grams overweight —despite having met the weight requirements in the previous bouts.      

'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,' the ruling says. '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.'

'However, it bears repeating that neither the formation or validity of UWW policy is before the Sole Arbitrator and there is no evidence or submission as to the reasons for such policy,' the verdict adds.

It’s that old adage of the rules being the rules. The arbiter pleaded her helplessness on the issue, but it would be interesting to see whether UWW mulls a change in their weigh-in rules after the Phogat case.

'’The problem for the Athlete is that the Rules are clear as to the weight limit and are the same for all participants. There is no tolerance provided for — it is an upper limit. It does not even allow for the weight of the singlet. It is clearly up to an athlete to ensure that they remain below that limit,' the CAS ruling says.

'There is no dispute that the Applicant was above the weight limit. She gave the above evidence clearly and directly at the hearing. Her case is that the amount of excess was 100g and that a tolerance should apply as this is a small excess and explicable for reasons such as drinking water and water retention, in particular during the pre-menstrual phase,' it added.

In her conclusion, Bennett said: 'There is no discretion provided in the Rules which the Sole Arbitrator is bound to apply. The Sole Arbitrator sees the force in the submissions that the consequences of failure of the second weigh-in should be restricted to ineligibility for the event that followed the second weigh-in, namely the finals, but unfortunately for the Applicant, this is not the consequence provided in the Rules.'

The details of the verdict change nothing on the ground for the wrestler, true; but the view that the consequences visited upon Phogat were unduly harsh has now received the CAS' official endorsement. Surely that must count for something?

Phogat, meanwhile, dropped a hint about her future plans when she reiterated on her arrival home that the wrestlers’ fight to make wrestling a safer place for women would continue.

The protracted struggle between the wrestlers, led by Phogat, Sakshi Malik and Bajrang Punia, and tainted former WFI president Brij Bhushan Singh had brought wrestling — one of India's highest medal-winning disciplines in international competitions — to a standstill last year. That bout is far from done and declared, unlike Phogat's Paris Olympics verdict.

'Our fight has not ended and the fight will continue and I pray to god that the truth will prevail,’’ Vinesh said after she came home to a rousing welcome from the wrestling community in New Delhi. She was then honoured by her supporters and khap panchayats in various villages on route Balali, her native village in Haryana — where she seemed to drop off from sheer exhaustion as the party continued through the night, uncaring of gold, silver and bronze benefits.