Indian wrestling star Vinesh Phogat faces disqualification from the Olympic final after reportedly exceeding the weight limit by a mere 100 grams during the weigh-in. News broke on August 7th, with reports suggesting Phogat has appealed to the Court of Arbitration for Sport (CAS) ad hoc division in Paris.
This post dives into the legalities surrounding the situation, based on publicly available information and considering the perspective of someone familiar with CAS procedures.
- Vinesh Phogat was disqualified from the Olympic wrestling final due to exceeding the weight limit for her category by 100 grams.
- An appeal to the CAS ad hoc division in Paris has reportedly been filed.
- While official confirmation from CAS is awaited, we can explore the potential arguments for Phogat's case.
Challenges and Considerations:
- Strict Rules: Wrestling regulations (United World Wrestling Rules, Article 11) appear clear. Failing to meet the weight limit on either weigh-in day (elimination and medal bouts) results in disqualification from the entire competition.
- Autonomy of Governing Bodies: Wrestling's governing body, UWW, has significant self-governance. This strengthens their position in enforcing their rules.
- Legal Questions: However, the case raises intriguing legal issues for Phogat to explore, especially considering the potential loss of an Olympic medal.
Possible Arguments for Phogat's Appeal:
- Excessive Formalism: Can a disqualification for such a small weight difference be considered overly strict? Swiss law recognizes the principle of "excessive formalism." While Phogat's argument may struggle due to the objective need for weight classes in wrestling, it's worth considering.
- Natural Justice: Does a failed weigh-in on day two invalidate perfectly legal results achieved on day one? This raises questions about fair application of rules and potential double jeopardy.
- Ambiguous Regulations: UWW rules (Article 8) allow a 2kg weight tolerance for "International Tournaments," but this term is undefined. Phogat could argue that if the Olympics isn't an international tournament, what is? Additionally, inconsistencies in defining international competitions might allow an argument based on "legal certainty" principles.
While these arguments may have limitations, they hold value when facing disqualification. Vinesh Phogat's legal team has a significant challenge, but with potentially significant rewards for Indian fans.
