CAS Dismissed Vinesh’s Challenge: No Tolerance for Weight Eligibility

Vinesh Phogat, ousted from the final of the 2024 Olympic Games in Paris by the United World Wrestling (UWW) for failing the weigh in by 100 gms, challenged the decision at the Court of Arbitration for Sports (CAS). Her case being that a tolerance should apply as the amount of excess was small and explicable for reasons such as drinking water and water retention, in particular during the pre-menstrual phase.

The application challenging the decision was filed one and a half hours before the finals, seeking reliefs such as a re-weighing, setting aside of the decision, being qualified for silver, and participating in the finals. However, since no provisional measure was sought, the matter was listed for the next day, making the option of reweighing and participating obsolete.

The sole arbitrator presiding over the matter took into consideration Articles 11 and 8 of the United World Wrestling International Wrestling Rules 2023 (“UWW Rules”) and observed that compliance with the Rules regarding the weigh-in was necessary for the eligibility to compete. UWW’s submission that the issue presented “was a pure field of play decision,” making the application inadmissible, was rejected. Further, the rules provided for strict compliance with the weight categories; hence, there was no weight tolerance for the second weigh-in. In addition, the case was not about the wisdom or validity of the weigh-in procedures as set out in the Rules but rather regarding the application of the same.

In fact, the submission citing medical literature on body weight changes during menstruation was rejected since the biological process had to be factored in by the applicant, and further, the weight categories were not challenged per se. Furthermore, “the International Tournaments” in Article 8 of the Rules, which allowed a 2 kg tolerance, did not include the Olympic Games, and therefore, the athlete was not entitled to that tolerance on her second weigh-in. Although the arbitrator found the consequence i.e., elimination from the competition and being ranked last without rank draconian, but neither the formation nor validity of UWW rules were in question before the arbitrator. Finally, the sole arbitrator did not have the authority to grant the relief sought to award a silver medal since that power rested with the IOC alone.

The case was dismissed, highlighting that while there was no wrongdoing on Vinesh Phogat’s part, the UWW rules were not challenged in the application. The Indian Olympic Association President, PT Usha and Wrestling Federation of India President Sanjay Singh also met with United World Wrestling President Nenad Lalovic to discuss the case, but to no avail. Lalovic stressed that strict rules for weigh-in on competition days were drawn up keeping the wrestlers’ long-term health in view. 

Vinesh’s case is not an exceptional case where an athlete was disqualified from the Olympics for being overweight by a few grams. In the 2020 Tokyo Olympics, Japanese wrestler Rei Higuchi was similarly disqualified from the qualifiers for being overweight by just 50 grams. However, Higuchi went on to win gold in the 57 kg freestyle event at the 2024 Paris Olympics.