The Supreme Court of India has agreed to examine a Public Interest Litigation (PIL) seeking a ban on female genital mutilation (FGM), also known as female circumcision, which is practiced within certain sections of the Muslim community, particularly the Dawoodi Bohra community.
A bench comprising Justices B. V. Nagarathna and R. Mahadevan issued notices to the central government and the Ministry of Law and Justice, seeking their response to the petition. The PIL was filed by the NGO Chetna Welfare Society, which argues that FGM is not an essential religious practice in Islam and violates the rights of children who are forced to undergo it.
Senior advocate Shashi Kiran and lawyer Sadhana Sandhu, representing the NGO, informed the court that various international organizations, including the World Health Organization (WHO) and UN agencies, have repeatedly called for states to prevent, criminalize, and eliminate FGM. They cited medical evidence indicating that FGM causes short-term and long-term physical and psychological harm.
The petition argues that the absence of a specific law banning FGM leaves a legal gap, despite the act potentially falling under multiple offenses relating to causing hurt under the Bharatiya Nyaya Sanhita (BNS), such as sections 113, 118(1), 118(2), and 118(3). The petitioners also contend that touching the genitalia of a minor for non-medical reasons is a violation of the Protection of Children from Sexual Offences (POCSO) Act.
The World Health Organization (WHO) classifies FGM as a gross violation of the human rights of girls and women, and the PIL emphasizes that it violates the fundamental guarantees provided by the Universal Declaration of Human Rights. The petition further highlights that FGM is a serious health concern that can lead to infections, childbirth complications, and other severe physical impairments. In December 2012, the United Nations General Assembly adopted a unanimous resolution calling for the elimination of FGM.
The Supreme Court's decision to examine this plea marks a significant step in addressing the issue of FGM in India. Earlier, in 2018, the Supreme Court referred a similar PIL challenging the practice of FGM among Dawoodi Bohra Muslims to a five-judge constitution bench. The current move indicates a renewed focus on the matter and a willingness to consider a ban on the practice.
FGM involves the cutting off of the clitoral head, a practice believed by some communities to reduce a woman's libido and prevent infidelity. This procedure, often called 'khatna,' is typically performed on young girls, often by midwives in unhygienic conditions.
The debate around FGM has also brought to light the need for a specific law against the practice, as it impacts a woman's right to security, privacy, bodily integrity, and freedom from cruel, inhumane, or degrading treatment.
