The Supreme Court is set to examine a plea seeking a nationwide ban on female genital mutilation in India. The case aims to protect minor girls from a harmful and illegal practice that violates human rights and child safety.
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NEW DELHI: The Supreme Court of India on Friday agreed to hear a petition seeking a nationwide ban on female genital mutilation (FGM), also referred to as female circumcision, a practice reportedly prevalent among some Muslim groups, particularly within the Dawoodi Bohra community.
A bench comprising Justices B.V. Nagarathna and R. Mahadevan issued notices to the Central Government and other respondents on a plea filed by NGO Chetna Welfare Society, which argued that the practice violates the fundamental rights of minor girls and has no essential religious mandate.
According to the petition, FGM is performed on minor girls without their consent, allegedly as a religious custom. However, the NGO argued that the practice is not an integral element of Islam and is instead a harmful cultural tradition that has severe physical and psychological consequences.
The plea submits:
- FGM falls under criminal offences related to causing bodily harm under the Bharatiya Nyaya Sanhita (BNS), including Sections 113, 118(1), 118(2), and 118(3).
- Under the POCSO Act, touching the genitalia of a minor for non-medical purposes constitutes sexual assault.
- The World Health Organization (WHO) classifies FGM as a gross violation of human rights.
The plea contends that the practice violates international human rights guarantees under the Universal Declaration of Human Rights, adding that:
“FGM is a serious health concern as it can cause infections, complications during childbirth and permanent physical impairment.”
Medical experts worldwide have associated FGM with lifelong trauma, chronic pain, urinary issues, menstrual difficulties, childbirth complications, and diminished sexual health.
