The Supreme Court of India has taken a significant step toward addressing the controversial practice of female genital mutilation within the Muslim community. The apex court has issued formal notices to the central government and several state governments, seeking their responses on a petition demanding a complete ban on this procedure.
Legal Challenge Against Traditional Practice
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud has directed the Centre and the states of Maharashtra, Gujarat, Rajasthan, and Delhi to submit their replies within four weeks. The petition was filed by advocate Sunita Tiwari, who argues that female genital mutilation (FGM) violates the fundamental rights of women and girls protected under the Indian Constitution.
The practice, commonly known as khatna or khafd, involves the partial or total removal of external female genitalia for non-medical reasons. It is primarily practiced among the Dawoodi Bohra Muslim community, where young girls between six and twelve years old undergo this procedure as a religious and cultural tradition.
Constitutional Rights Versus Religious Practice
The petition presents a compelling legal argument that FGM infringes upon multiple constitutional guarantees. It specifically highlights violations of Article 14 (Right to Equality), Article 15 (Prohibition of Discrimination), Article 21 (Right to Life and Personal Liberty), and the rights of children protected under various Indian laws.
Advocate Tiwari's petition emphasizes that the practice causes severe physical and psychological trauma to young girls. Medical evidence presented in the petition indicates that FGM can lead to chronic pain, infections, decreased sexual pleasure, and complications during childbirth. The psychological impact includes post-traumatic stress disorder, anxiety, and depression.
The legal challenge comes at a crucial time when many countries worldwide have already banned FGM. The petitioner argues that India should join the global movement to eliminate this harmful practice, which the World Health Organization recognizes as a human rights violation.
Broader Implications for Women's Rights
This case extends beyond the specific religious community involved and touches upon broader issues of women's rights and bodily autonomy in India. The Supreme Court's eventual decision could set a significant precedent regarding the limits of religious practices when they conflict with fundamental rights.
The petition also raises important questions about the protection of children from traditional practices that may cause them harm. It argues that the state has a responsibility to intervene when cultural or religious traditions violate the basic rights of vulnerable individuals, particularly minors who cannot consent to such procedures.
Several women's rights organizations and activists have welcomed the Supreme Court's decision to examine the issue. They argue that ending FGM is essential for achieving gender equality and protecting the health and dignity of women and girls across India.
The case will likely spark intense debate between religious freedom advocates and women's rights activists. The Bohra community has previously defended the practice as an essential part of their religious identity, while opponents describe it as a form of gender-based violence that has no place in modern society.
The Supreme Court has scheduled further hearings after receiving responses from the concerned governments. The outcome of this case could potentially affect thousands of young girls within the Bohra community and establish important legal principles regarding the intersection of religious practices and fundamental rights in India.
