Discuss the challenges faced by women athletes in India in resuming competitive careers after maternity. Suggest a policy framework.
In September 2026, the Delhi High Court issued notice to the Centre, the Wrestling Federation of India and the Indian Olympic Association on wrestler Vinesh Phogat's plea for a structured return-to-sport framework after maternity. The case exposes a gap: India protects maternity in workplaces, not in competitive sport.
Challenges in resuming a competitive career
- Legal vacuum: the Maternity Benefit (Amendment) Act, 2017 grants 26 weeks of paid leave and mandatory crèches in establishments with 50+ employees, but governs an employer–employee relationship — it does not bind federation selection and nomination criteria [1].
- Structural selection disadvantage: criteria resting largely on performances during the absence period penalise the returning athlete; India has no protected ranking or trial-exemption route, unlike international practice in tennis and athletics.
- Physiological burden: post-partum recovery, and in weight-category sports like wrestling, the added demand of regaining competition weight without a graded re-entry window.
- Financial insecurity: stipends, sponsorships and scheme support are performance-linked, so a maternity break can mean loss of income precisely when costs rise.
- Administrative arbitrariness: absence of federation SOPs pushes disputes into ad hoc disciplinary action (show-cause notices), risking victimisation of athletes asserting their rights.
- Social constraints: childcare responsibilities and the lack of crèche or family accommodation at national camps.
A suggested policy framework
- Use the Safe Sports Policy mandate for women athletes under the National Sports Governance Act, 2025 to require every National Sports Federation to notify a maternity return-to-play policy [2].
- Guarantee ranking protection for a defined window, a fair trial opportunity, and continued stipend and medical-rehabilitation support under the athlete-centric National Sports Policy 2025 [3].
- Extend crèche and childcare facilities to SAI centres and national camps, mirroring the 2017 Act's norm [1].
- Provide time-bound appeals through the National Sports Tribunal created under the 2025 Act [4].
Motherhood should not end a sporting career. A clear, published framework converts judicial prodding into durable administrative practice, giving effect to Article 15(3) and advancing SDG-5 on gender equality.
Sources
- 1Maternity Benefit (Amendment) Act, 2017 — PIB, Ministry of Labour & Employment26 weeks paid maternity leave; crèche facility in establishments with 50+ employees; scope limited to employment
- 2Passage of the National Sports Governance Bill, 2025 — PIBSafe Sports Policy obligation on sports bodies to safeguard women and other vulnerable athletes
- 3Cabinet approves National Sports Policy 2025 — PIBathlete-centric support, welfare and inclusion framework
- 4The National Sports Governance Act, 2025 — Ministry of Youth Affairs and SportsNational Sports Tribunal for time-bound resolution of sports disputes
Practice
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