The Supreme Court of India has taken a significant step toward addressing the controversial practice of female genital mutilation within the Muslim community. A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud issued formal notice to the central government regarding a public interest litigation seeking an immediate ban on this practice.
Legal Challenge Against Ancient Practice
The petition was filed by Sunita Tiwari, a Delhi-based lawyer, who argues that female genital mutilation (FGM) violates fundamental rights guaranteed by the Indian Constitution. The practice, known as 'khatna' or 'khafd' among the Bohra Muslim community, involves partial or total removal of external female genitalia for non-medical reasons.
According to the petition, this procedure is typically performed on girls between six and eight years old, often without proper medical supervision or anesthesia. The petitioner contends that FGM constitutes cruel, inhuman, and degrading treatment and violates Articles 14, 15, 21, and 25 of the Constitution.
Constitutional Violations and Health Implications
The legal challenge highlights multiple constitutional concerns. Article 21, which guarantees protection of life and personal liberty, is central to the argument since FGM potentially endangers the health and well-being of young girls. The petition also cites Article 14 (right to equality) and Article 15 (prohibition of discrimination), arguing that the practice exclusively targets female children.
Medical experts have documented numerous health consequences associated with FGM, including:
- Severe pain and bleeding during the procedure
- Increased risk of infections and complications
- Long-term psychological trauma
- Potential complications during childbirth later in life
- Reduced sexual sensitivity and function
The petitioner emphasizes that the practice serves no medical purpose and is performed primarily due to social and cultural traditions rather than religious requirements.
Global Context and Legal Precedents
Internationally, female genital mutilation has been banned in numerous countries, including the United States, United Kingdom, Australia, and several African nations where the practice was traditionally prevalent. The World Health Organization estimates that more than 200 million girls and women worldwide have undergone some form of genital mutilation.
The Supreme Court's notice comes at a time when several countries are strengthening their legal frameworks against FGM. The petition references the court's previous judgment in the Shayara Bano case, where the practice of triple talaq was declared unconstitutional, establishing a precedent for intervening in religious practices that violate fundamental rights.
The central government now has a specified period to file its response to the petition. The case represents another significant legal examination of traditional practices versus constitutional rights in India, following recent judgments on religious customs that discriminate against women.
Human rights organizations and women's rights activists have welcomed the Supreme Court's intervention, viewing it as a crucial step toward protecting young girls from harmful traditional practices. The outcome of this case could have far-reaching implications for how India balances religious customs with fundamental rights, particularly those protecting women and children from physical harm.
