SC: Female genital mutilation breach of privacy, a crime
NEW DELHI: Expressing concern against the practice of female genital mutilation prevalent among Bohra Muslim community, the Supreme Court on Monday said that it violates privacy and compromises with bodily integrity.
“Our genitals are as private as any other body. Why anybody should be allowed to touch the genital of a human being? Why bodily integrity should be violated and compromised?” asked justice DY Chandrachud, a member of the bench headed by Chief Justice Dipak Misra.
The bench also observed that the act would be a crime under the Protection of Children from Sexual Offences (POCSO) Act — the special law that protects minors from sexual assaults.
Popularly known as ‘khatna’, female genital mutilation involves cutting off the clitoral head, which Bohras believe makes women lead a life of infidelity. It’s generally done at a young age by the midwives.
The court was hearing PILs filed by an advocate and two by Bohra women, demanding a law against female circumcision on the ground that it violated child rights of Bohra Muslim girls. The petition said the circumcision causes pain during menstruation and sexual intercourse, loss of libido and even pain during urination.
Attorney general K K Venugopal, appearing on behalf of the Centre, supported the demand and cited the World Health Organization (WHO ) report to point how genital mutilation affected the health of the women.
He agreed with the bench’s view that the practice is a crime.
Senior advocate Abhishek Manu Singhvi opposed the PILs on behalf of a trust belonging to Bohra women. He said female circumcision is not the same as female genital mutilation and argued that the practice is part of the essentiality of the Dawoodi Bohra religion since centuries and the same would be protected under Article 25 and Article 26 of the Constitution, freedom to practice and propagate any religion.
Singhvi said genital mutilation was practised among Bohra muslim men too and suggested the petitions be referred to a constitution bench for a larger debate.
Venugopal responded, saying an essential religious practice cannot be allowed if it affects public morality and health.
He read out the same WHO report to justify male circumcision.
“The report says it has positive health impacts and reduces infection in men,” the AG said, but added that female genital mutilation is a crime in America, Australia, UK and France.
At this, CJI Misra said: “These petitions have been filed by women. And if they do not want it, then it cannot be imposed.” The court allowed all impleadment applications and fixed July 16 for next hearing.