Daijiworld Media Network – New Delhi

New Delhi, Nov 29: The Supreme Court on Friday agreed to examine a plea seeking a ban on female genital mutilation (FGM) or female circumcision, a practice prevalent among certain Muslim communities, particularly the Dawoodi Bohra community.

A bench comprising Justices B V Nagarathna and R Mahadevan issued notices to the Centre and other respondents on the plea filed by NGO Chetna Welfare Society. The petition contends that FGM is not an essential part of Islam and violates the rights of children.

The plea highlighted that there is no independent law explicitly banning the practice. It argued that FGM falls under multiple offences under the Bharatiya Nyaya Sanhita (BNS) relating to causing hurt, including sections 113 and 118. It also cited the Protection of Children from Sexual Offences (POCSO) Act, which prohibits touching the genitalia of a minor for non-medical reasons.

Chetna Welfare Society emphasized that the World Health Organization classifies FGM as a gross violation of the human rights of girls and women and noted that the practice violates fundamental guarantees under the Universal Declaration of Human Rights. The petition further underscored the serious health risks posed by FGM, including infections, childbirth complications, and other severe physical impairments.

The Supreme Court’s consideration of the plea marks a significant step in addressing a practice that has drawn criticism from human rights and health experts globally.