Maternity and career continuity of women athletes remain inadequately addressed in Indian sports governance. Critically comment.
Career continuity means an athlete's ability to return to competition after a break without losing selection standing. India's sports bodies frame eligibility norms around continuous competition records, which sit uneasily with pregnancy and post-partum recovery — a gap the Delhi High Court confronted in September 2026 when it declined wrestler Vinesh Phogat an interim exemption from Wrestling Federation of India (WFI) trial criteria [1].
The charge of inadequacy is largely valid
- No return-to-play policy: the WFI circular of 7 September 2026 confined trial eligibility to winners of specified national tournaments, making a maternity break functionally indistinguishable from voluntary absence [1].
- Uniformity as a defence: the Court accepted that criteria apply uniformly to all athletes at the interim stage, though it flagged that maternity circumstances merit examination when the policy's validity is tested [1].
- Statutory asymmetry: working women get 26 weeks' paid leave with job protection under the Maternity Benefit Act, 1961 (as amended in 2017), while athletes — not "employees" of federations — enjoy no equivalent ranking or berth protection [4].
- Regulatory silence: the National Sports Development Code, 2011, the long-standing charter for National Sports Federations, addresses elections, tenure and accountability but not gender-specific career-break safeguards [3].
Yet the framework is not static
- The National Sports Governance Act, 2025 mandates a Safe Sports Policy for women and minor athletes, an internal grievance mechanism, and a National Sports Tribunal for time-bound dispute resolution [2].
- Support to elite women athletes under TOPS expanded substantially over the last decade, showing capacity to individualise athlete support [5].
- Judicial review remains available, and the Court has itself nudged the WFI toward framing maternity guidelines [1].
The problem is therefore one of policy vacuum rather than institutional absence: the architecture now exists, but the rules have not been written. Federations should adopt protected-ranking and sabbatical-style return windows within their Safe Sports Policies, with the Tribunal as the appellate safeguard. Aligning selection norms with Article 15(3)'s enabling spirit and SDG-5 would ensure motherhood ends a break, not a career.
Sources
- 1Delhi HC says no to Phogat's participation in trials on Sept. 14 — The HinduDelhi High Court's interim refusal, the WFI circular of 7 September 2026, uniform application of criteria, and the court's observation on maternity and future WFI guidelines
- 2Notification of Commencement of Select Provisions of the National Sports Governance Act, 2025 — PIBSafe Sports Policy for women athletes, internal grievance redressal, National Sports Tribunal
- 3National Sports Development Code of India, 2011 — Ministry of Youth Affairs and Sportsscope of the Code over National Sports Federations
- 4The Maternity Benefit Act, 1961 — India Code26 weeks' maternity leave for employed women after the 2017 amendment
- 5Financial Support to Athletes / Target Olympic Podium Scheme — PIBTOPS support to elite athletes, including expansion of coverage for women