In a significant move, the Supreme Court of India has stepped in to scrutinize the long-standing practice of Female Genital Mutilation (FGM), also known as female circumcision, prevalent within the Dawoodi Bohra Muslim community. On Friday, a bench comprising Justices B V Nagarathna and R Mahadevan issued a formal notice to the Central government and the Ministry of Law and Justice, demanding their response to a Public Interest Litigation (PIL) seeking an outright ban on the practice.
The Petition and the Court's Response
The PIL was filed by the NGO Chetna Welfare Society, which argued vehemently against FGM. Represented by senior advocate Shashi Kiran and lawyer Sadhana Sandhu, the organization contended that Female Genital Mutilation is not an essential part of Islam and constitutes a severe violation of the rights of children who are coerced into undergoing the procedure. The court's decision to issue a notice marks a crucial first step in a legal battle that could have far-reaching implications for women's and children's rights in India.
The petitioners presented a robust case, citing international bodies like the World Health Organisation (WHO) and various UN agencies. They emphasized that these global institutions have consistently urged nations to prevent, criminalize, and eliminate FGM. The petition highlighted medical evidence demonstrating that the practice inflicts both short-term and long-term physical and psychological harm on girls and women.
FGM: A Global Violation and India's Legal Vacuum
The plea brought to light a critical gap in Indian jurisprudence. It stated, "It is further submitted that there is not any independent law specifically banning this." While the act can be loosely interpreted under sections related to causing hurt in the Bharatiya Nyaya Sanhita (BNS) and is a violation under the Protection of Children from Sexual Offences (POCSO) Act, the absence of a specific law against FGM is a glaring omission.
The World Health Organisation classifies FGM as a gross violation of human rights, a stance echoed by the Universal Declaration of Human Rights. The petition reminded the court of a landmark United Nations General Assembly resolution from December 2012, which was adopted unanimously, calling for the global elimination of this practice. It was also pointed out that numerous countries, including the United States, the United Kingdom, Australia, and several African nations, have enacted specific laws to ban FGM, leaving India behind in this crucial aspect of human rights protection.
The Dawoodi Bohra Community and the Practice of Khatna
Delving into the specifics, the petition identified the Dawoodi Bohras, a religious denomination within Shia Islam, as the most well-known Muslim community in India where the practice, known as Khatna, persists. Shockingly, the petition alleged that approximately 75% of women in the community subject their daughters to this practice.
Contrary to popular belief, the petition clarified that the practice is not sanctioned by the Quran, Islam's holy book. However, it finds endorsement in the Daim al-Islam, a religious text followed by the Dawoodi Bohra community. The procedure typically involves the removal of a small piece of skin from the clitoral hood and is performed on girls around the age of seven, or between six and twelve years old. Many Islamic scholars worldwide do not endorse this ritual.
The Supreme Court's intervention has opened a vital legal and social discourse on a practice that operates at the intersection of tradition, religion, and fundamental human rights. The Centre's response is now eagerly awaited as the nation watches a potential landmark judgment in the making.
