The Court of Arbitration for Sport, in its ruling denying wrestler Vinesh Phogat's appeal to be awarded a joint-silver medal at the Paris Olympics, stated that despite the consequences of a failed second weigh-in being draconian, it was on athletes to ensure that they are within the permissible weight limits for their respective events.
"A consequence of elimination without ranking from the round for which the Athlete was found ineligible, having been eligible for the rounds for which she competed, would seem to be a fairer solution," the CAS order said.
The order stated that there is no suggestion of any wrongdoing on Vinesh's part, but there was no provision within United World Wrestling (UWW) guidelines for athletes who had failed the second weigh-in. Instead, the guidelines explicitly state that wrestlers are only eligible for rankings if they clear the weigh-ins on both days of competition.
However, it also said that the formation and validity of UWW's policies were not before the arbitrator and there was no evidence or submission against such policies.
"The problem for the Athlete is that the Rules are clear as to the weight limit and are the same for all participants. There is no tolerance provided for - it is an upper limit. It does not even allow for the weight of the singlet. It is clearly up to an athlete to ensure that they remain below that limit," the order stated.
UWW guidelines leaving room for ambiguity
The order stated that both Vinesh and the Indian Olympic Association had raised a number of arguments based on the construction of the rules, which it called "not clearly drafted" and that some of the wording could be taken out of context as well.
The ambiguous framing of Article 11, which states that if an athlete fails the weigh-in, "he will be eliminated," was a point of contention for the IOA, which stated that there were no consequences mentioned in the UWW guidelines for female athletes who failed the weigh-in.
"Reading the Rules as a whole, the Sole Arbitrator concludes that the use of the word "he" was not intended to exclude female wrestlers from the application of the Rules or of Article 11; rather it was the use of a pronoun intended to cover all wrestlers, male and female," the order stated.
The IOA, not Vinesh, also raised the argument of whether the Olympics counted as an "International Tournament" under UWW guidelines, which allow for a 2 kg weight tolerance in such events. However, CAS cited several articles of the UWW guidelines to conclude that the Olympics weren't categorised as an "International Tournament" and that said weight tolerance would not be allowed in it.
Effects of menstruation
The IOA had submitted that "the biological difference in the bodies of male and female wrestlers, particularly in light of the menstruation of women, needs to be taken into account whilst determining the eligibility of female wrestlers on the second day of the weigh-in". It produced a medical certificate dated August 8, 2024, stating that Vinesh was in her pre-menstrual phase, and cited medical literature on the effects of menstruation on body weight changes.
In response, the order stated: "While it may be the case that the Athlete experienced some bloating and water retention, this is unquantified and, as a condition that may occur during the menstrual cycle, would be expected to be a factor that was mitigated against to ensure that the Athlete remained below the weight limit."
Logistical challenges during weight cut process
Vinesh had also cited the effects of having to eat and drink for the sake of her health, between her three bouts on the first three days of competition. She also cited the distance between the wrestling venue (Champ-de-Mars Arena) and the Olympic Village, leaving her with little time for the processing of losing weight.
Vinesh had asserted that complying with the 50 kg restriction undermines her bodily integrity, but the Sole Arbitrator shot down the argument saying that the Indian had willingly entered the 50 kg category and had achieved much success in that category.
Faulty weighing scales
The IOA also stated that the scales used during the weigh-in already read 50 grams when no one weight was placed on them. While noting that there were no faulty scales used during the weigh-in, the CAS order states that it still would have still left Vinesh 50 grams above the permissible limit.
The order from CAS concluded by stating that the Sole Arbitrator does not have the power to award medals. That was a power which only the IOC had. The IOC contended that it only awards medals based on rankings, and that Vinesh wasn't ranked in the competition owing to her disqualification, which made her ineligible for a silver medal, as she had appealed.