New Delhi: With the Centre seeking ban on female genital mutilation (FGM), the Supreme Court on Monday also indicated that it was opposed to FGM or circumcision as no one can use the religious practices to touch a female’s body and violate integrity of her body part. FGM or “khatna” is a practice prevalent among the Dawoodi Bohra religious community of Shia sect. This practice is an age-old tradition in this community to mark the arrival of womanhood.
Attorney General K.K. Venugopal, appearing for the Centre told a Bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud that the government was in favour of a ban on religious practices that force girl child to undergo genital mutilation or circumcision. Justice Chandrachud who authored the “right to privacy” judgment orally observed, “Why should anyone have the authority to touch the female’s genitals. He said, “no one can use religious practices to touch a female’s body and violate integrity of her body part.”
When it was pointed out that girls are subjected to FGM at a very young age, the CJI Dipak Misra observed that such a thing, which is an offence under the Protection of Children from Sexual Offences (POCSO) Act, couldn’t be a matter of compulsion by anyone. Can such a practice be imposed on females, the CJI asked? The AG made his submission during the course of hearing of a petition filed by advocate Sunita Tihar seeking a ban on FMG as it is illegal. The AG while supporting the plea of the petitioner asked the top Court to ‘step in and issue directions’ on the practice of FMG.
The Centre, he said has filed a counter affidavit stating that the FMG is a crime with a punishment of seven years of imprisonment “under the existing laws don’t permit FGM and that the court can further clarify on the matter and issue guidelines. He also pointed out that the United Nations has deprecated this practice and FGM has been banned in USA, UK, Australia, Canada and 27 African countries and it should not be allowed to continue.
