Supreme Court
New Delhi: The Supreme Court on Friday agreed to examine a plea to ban the practice of female genital mutilation (FGM) or female circumcision prevailing among Muslims, especially in the Dawoodi Bohra community.
A bench of Justices B V Nagarathna and R Mahadevan issued notices to the Centre and others on the plea filed by an NGO.
Practice not essential part of Islam: PIL
The court was hearing a plea filed by NGO Chetna Welfare Society, claiming that the practice is not an essential part of Islam and violates the rights of children.
“It is submitted that there is not any independent law specifically banning this. The act itself falls under multiple offences relating to causing hurt under the BNS, such as sections 113, 118(1), 118(2) and 118(3).
“Even in the POCSO Act, touching the genitalia of a minor for non-medical reasons is a violation. It is submitted that the World Health Organisation has classified FGM as a gross violation of the human rights of girls and women,” the plea has said.
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The petition also says the act violates the fundamental guarantees provided by the Universal Declaration of Human Rights.
“FGM is a serious health concern as it can cause infections, problems relating to childbirth and other severe physical impairments,” the plea says.
