SC Flags Health Concerns Over Female Genital Mutilation Among Dawoodi Bohras
Constitution bench says religious practices can face limits under public health provisions
New Delhi: The Supreme Court on Thursday raised concerns over the practice of female genital mutilation (FGM) among sections of the Dawoodi Bohra community, observing that it could be restricted on grounds of “health” under the Constitution.
A nine-judge Constitution bench headed by Chief Justice of India Surya Kant made the observation while hearing petitions challenging the practice. The bench indicated that Article 25 permits restrictions on religious practices in the interest of public health, apart from public order and morality.
Senior advocate Siddharth Luthra, appearing for petitioners opposing the practice, submitted that FGM is carried out on minor girls and results in irreversible physical changes affecting sexual and reproductive health. He argued that minors are incapable of giving meaningful consent and that the practice cannot be protected as an essential religious practice under Article 26.
Justice Joymalya Bagchi observed that the issue may be addressed on the ground of health alone, while Justice B. V. Nagarathna noted that it could also fall within the ambit of “morality” under Article 25.
The bench further observed that the practice requires scrutiny in view of its impact on bodily integrity and individual autonomy. The Chief Justice sought clarification on whether courts should intervene when religious practices conflict with fundamental rights, to which counsel responded in the affirmative.
The matter is under consideration.
