July 30, 2018

Supreme Court has questioned the practice of genital mutilation of minor girls prevalent in the Dawoodi Bohra Muslim community. During the hearing on the petition filed against the circumcision on Monday, the top court said that genital mutilation of women can't be just because they have to get married.

The Supreme Court also said that women's life isn't for marriage & husband only. On the practice of genital mutilation of women from the Supreme Court, there has been a demand for a complete ban in India.

SC said that such practice is a violation of the right to privacy of women and that this is a case of sexual sensitivity & health can be dangerous for them. The Supreme Court further said that it is the focal point of any person's identity & this act is against person's identity.

The Supreme Court further said that this act is done for the purpose of preparing a woman for the man as if it were an animal.Court questioned why should any woman have the obligation to make her husband happy? The central government has also supported the petition in which the practice of genital mutilation of minor girls of the Dawoodi Bohra Muslim community has been opposed.

Countries like the USA, the United Kingdom, Australia and around 27 African countries have banned this female genital mutilation, said the Attorney General.

"Why should anybody else will have any control over the genitals of an individual," the bench comprising of CJI Dipak Misra, Justices A M Khanwilkar and D Y Chandrachud had earlier said.

Senior Adv. A M Singhvi appeared for a Muslim group & referred to the practice of male circumcision (khatna) in Islam. He said that it has been allowed in all countries & this is the accepted religious practice.

Delhi-based Lawyer Sunita Tiwari filed a plea earlier to seek the Centre and the states to "impose a complete ban on the inhuman practice" of 'khatna' or "female genital mutilation" (FGM) throughout the country.

The practice of female genital mutilation resulted in "serious violations of basic fundamental rights of the victims who in these cases are minors," the plea said.

The FGM is performed "illegally upon girls (between five years & before she attains puberty)" and is against the "UN Convention on the Rights of the Child, UN Universal Declaration of Human Rights of which is India is a signatory", the plea said, adding the practice caused "permanent disfiguration to the body of a girl child".

"The practice of 'khatna' or 'FGM' or 'Khafd' also amounts to causing inequality between the sexes and constitutes discrimination against women. Since it is carried out on minors, it amounts to a serious violation of the rights of children as even minors have a right of security of person, right to privacy, bodily integrity and the freedom from cruel, inhumane or degrading treatment," the plea said.

"It is a ritual performed on every girl child within the Dawoodi Bohra religious community without any medical reason and does not have any reference in the Quran.

Senior Advocate Indira Jaising appearing for the petitioner, submitted  that any criminal act can't be allowed only because it's a practice. She said that touching the private part is a crime under POCSO.

The hearing will continue on Tuesday in the Supreme Court.

In the previous hearing, the Supreme Court had raised questioned "how can anybody touch a woman's genital name in the name of religion? Distortion of genitalia is against women's dignity & respect.

In support of the Ban, the govt. has said that circumcision of girls in the guise of religion is a crime & it supports the ban on it. Earlier, the Central Govt. has said that it has a provision for imprisonment for 7 years.

In fact, the Supreme Court had issued notices to the Kerala and Telangana governments on the petition that has banned the practice of Dawoodi Bohra Muslim society.

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