NEW DELHI: The Supreme Court on Monday said its decision on legality of the religious custom of female genital mutilation (FGM) will be applicable not only to Bohra Muslims but also all communities with such practices as it clearly indicated its disapproval of the rite. Hearing a bunch of petitions led by Sunita Tiwari, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said: “FGM prima facie appears to be a violation of individual’s right to privacy, which was declared to be part of the fundamental right to life in K Puttaswamy judgment. That is because it was held that genitalia is extremely private to every person.”
Justice Chandrachud said even if FGM is taken to be part of essential religious practice, then too, it will be difficult to uphold its legality as right to religion and its practices guaranteed under Article 25 of the Constitution, makes such practices subject to public health. “FGM also appears to be an offence under Protection of Children from Sexual Offences (Pocso) Act,” he said.
Appearing for a woman lawyer from Bohra community, senior advocate Indira Jaising said her client still relives the trauma she was subjected to by way of this inhuman religious practice. Referring to provisions of Pocso and IPC, Jaising said: “Act of touching female genitalia is a crime under both these laws, except for medical reasons by a doctor… Even a guardian cannot give consent for his/her ward for FGM purposes.” When the bench said its decision on the legality of FGM would apply not only to Bohras but to all communities who subscribe to this practice, Jaising said one of the reason for parents forcing girls to undergo FGM was the fear of excommunication by the community.
