In a significant development for women's rights in India, the Supreme Court has stepped in to examine the controversial practice of female genital mutilation (FGM) prevalent within certain Muslim communities, particularly the Dawoodi Bohra community.
Court Takes Cognizance of FGM Petition
The Supreme Court bench comprising Justices B V Nagarathna and R Mahadevan issued notices to the Centre and the Ministry of Law and Justice on Friday, seeking their response to a Public Interest Litigation (PIL) filed by NGO Chetna Welfare Society. The petition demands an immediate ban on the practice of female genital mutilation, also known as female circumcision.
The court action came after senior advocate Shashi Kiran and lawyer Sadhana Sandhu, representing the organization, presented compelling arguments against FGM. They emphasized that medical evidence clearly demonstrates both short-term and long-term physical and psychological harm caused by this practice.
Global Concerns and Legal Gaps
The petition highlighted that numerous international agencies, including the World Health Organization (WHO) and various United Nations agencies, have repeatedly called for states to prevent, criminalize, and eliminate FGM. The World Health Organization has classified female genital mutilation as a gross violation of human rights of girls and women, noting that it violates fundamental guarantees provided by the Universal Declaration of Human Rights.
Alarmingly, the petition revealed that approximately 75% of women in the Dawoodi Bohra community subject their daughters to what the petitioners termed as "this barbaric practice." The legal team argued that while several countries including the United States, United Kingdom, Australia, and numerous African nations have specifically banned FGM, India lacks dedicated legislation addressing this issue.
Religious Context and Health Implications
The petition clarified important religious dimensions of the practice. Dawoodi Bohras represent a religious denomination within Shia Islam and are the most well-known Muslim community in India that practices FGC, known as 'Khatna' within the community.
Interestingly, the petition noted that while the Quran does not sanction female genital circumcision, Daim al-Islam, a religious text followed by the Dawoodi Bohra community, does endorse the practice. However, many Islamic scholars worldwide do not support or endorse FGM.
The health consequences outlined in the petition are severe and multifaceted. Female genital mutilation can cause infections, childbirth complications, and various other physical impairments. The practice currently falls under multiple offenses relating to causing hurt under BNS, specifically sections 113, 118(1), 118(2), and 118(3). Additionally, under the Protection of Children from Sexual Offences (POCSO) Act, touching the genitalia of a minor for non-medical reasons constitutes a violation.
The United Nations General Assembly adopted a unanimous resolution in December 2012 calling for the elimination of female genital mutilation worldwide, underscoring the global consensus against this practice. The Supreme Court's decision to examine the matter marks a crucial step toward potentially ending FGM in India.
