Condemning the traditional practice of mutilating female genitals of young Muslim girls as part of a circumcision ritual prevalent among Dawoodi Bohra community, the Supreme Court and Centre on Monday said in one voice that such a cruel practice must end.
A Bench, headed by Chief Justice Dipak Misra, was of the firm opinion that violating the bodily integrity of a woman amounts to invasion of her privacy and such practices cannot be given protection under the garb of any religious belief or custom.
The Centre, represented by Attorney General KK Venugopal sought an immediate ban on the same pointing out that India alone is a country where such an act is not a crime. In the United States, Australia, UK, France, and 27 African countries, this practice is either banned or declared a crime.
A PIl filed by advocate Sunita Tiwari brought to the fore the inhuman practice of female genital mutilation that involves injuring the female genitals, which is painful and subjects the woman to great medical risk.
Echoing similar fears, A-G said, “This practice must be banned and prohibited.” While male circumcision is seen to benefit Muslim men from contracting HIV, female circumcision is highly risky to her health. The petitioner represented by senior advocate Indira Jaising stated that such acts should be treated as crimes on women under the Indian Penal Code and Protection of Children from Sexual Offences Act.
Chief Justice Dipak Misra said, “Such acts will be totally covered under the POCSO Act.” The Bench, also comprising Justices AM Khanwilkar and DY Chandrachud observed, “Why should bodily integrity of any woman be affected in this manner. Why should anyone have authority to touch the genitals of an individual, most intrinsic to a person’s privacy, under the garb of religionIJ”
The Bohra community, represented by senior advocate Abhishek Manu Singhvi, informed the court that the practice in the community forms part of its customary practice and belief and enjoys protection of Articles 25 and 26 of Constitution.
He demanded the petition to be referred to a Constitution Bench. However, the Bench posted the matter for hearing on July 16 and asked all concerned parties to address arguments on the validity of continuing with such a practice.
The petition stated that the practice, commonly known as khatna, has no reference in the Holy Quran and is performed in the most unhygienic manner. Not only does it cause bodily pain but causes a mental scar on the minds of each girl in the Bohra community.