SC questions female genital mutilation

■ ‘ Bodily integrity of a woman can’t be infringed upon’, observed the Bench

With the Centre seeking ban on female genital mutilation ( FGM) on Monday, the Supreme Court also indicated that it was opposed to FMG or circumcision as no one can use the religious practices to touch a female's body and violate integrity of her body part.

FMG or “khatna” is a practice prevalent among the Dawoodi Bohra religious community of Shia sect, as it is a crime and punishable offence. This practice is an age- old tradition in this community to mark the arrival of womanhood.

Attorney General K. K. Venugopal, appearing for the Centre told a Bench of Chief Justice Dipak Misra and Justices A. M. Kanwilkar and D. Y. Chandrachud the government was in favour of a ban on religious practices that force girl child to undergo genital mutiliation or circumcision.

Justice Chandrachud who authored the “right to privacy” judgment orally observed, “Why should anyone have the authority to touch the female’s genitals. He said “no one can use religious practices to touch a female’s body and violate integrity of her body part.”

When it was pointed out that girls are subjected to FMG at a very young age, the CJI Dipak Misra observed that such a thing, which is an offence under the Protection of Children from Sexual Offences ( Pocso) Act, couldn’t be a matter of compulsion by anyone.

The AG made his submission during the course of hearing of a petition filed by advocate Sunita Tihar seeking a ban on FMG as it is illegal. The AG while supporting the plea of the petitioner asked the top Court to “step in and issue directions” on the practice of

FMG.

The Centre, he said has filed a counter affidavit stating that the FMG is a crime with a punishment of seven years of imprisonment “under the existing laws don’t permit FMG and that the court can further clarify on the matter and issue guidelines. He also pointed out that the UN has deprecated this practice and FMG has been banned in USA, UK, Australia, Canada and 27 African countries and it should not be allowed to continue. Senior counsel Abhishek Manu Singhvi, who appeared for Dawoodi Bohra community, however justified FMG contending that it has the sanction of religious texts.