SC issues notice to Centre on PIL seeking ban on female genital mutilation among Muslims

The Supreme Court has issued notices the Centre and others on a PIL seeking a ban on the practice of female genital mutilation (FGM) or female circumcision practised among Muslims, particularly in the Dawoodi Bohra community.

A Bench of Justices BV Nagarathna and R Mahadevan on Friday asked the Centre and others to respond to the petition filed by an NGO, Chetna Welfare Society.

The Supreme Court had on September 24, 2018, referred certain petitions challenging the validity of FMG practised among Dawoodi Bohra Muslims to a five-judge Constitution Bench. The present petition is also likely to be sent to the Constitution Bench.

Enlarging the scope of Sabarimala Temple entry restrictions issue, the Supreme Court had on November 14, 2019, referred the issue of discriminatory practices in other religions as well, including the issue of FMG, to a seven-judge Constitution Bench for laying down constitutional principles for determination of such issues.

The petitioner NGO has contended that the practice is not an essential part of Islam and violates the rights of children. “It is submitted that there is not any independent law specifically banning this. The act itself falls under multiple offences relating to causing hurt under the BNS, such as Sections 113, 118(1), 118(2) and 118(3).

“Even in the POCSO Act, touching the genitalia of a minor for non-medical reasons is a violation. It is submitted that the WHO has classified FGM as a gross violation of the human rights of girls and women,” the plea has said.

The petition also says the act violates the fundamental guarantees provided by the Universal Declaration of Human Rights. “FGM is a serious health concern as it can cause infections, problems relating to childbirth and other severe physical impairments,” the plea says.

Popularly known as ‘khatna’, FMG involves cutting off the clitoral head, which Many Bohras believe makes women lead a life of infidelity. It’s generally done at a young age by midwives in unhygienic conditions.

According to the WHO, it often leads to repeated infections, cysts, infertility, childbirth complications requiring repeated surgeries. The UN General Assembly had in 2012 adopted a unanimous resolution on elimination of this practice. The National Commission for Women too supported a ban on the practice.