·The Hindu·15 marks·250–350 wordsPolityIRSociety

Maternity and career continuity of women athletes remain inadequately addressed in Indian sports governance. Critically comment.

In this answer
  1. The charge of inadequacy is largely valid
  2. Yet the framework is not static

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

  1. 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
  2. 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
  3. 3National Sports Development Code of India, 2011 — Ministry of Youth Affairs and Sportsscope of the Code over National Sports Federations
  4. 4The Maternity Benefit Act, 1961 — India Code26 weeks' maternity leave for employed women after the 2017 amendment
  5. 5Financial Support to Athletes / Target Olympic Podium Scheme — PIBTOPS support to elite athletes, including expansion of coverage for women
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