Supreme Court bench of Justices B.V. Nagarathna and R. Mahadevan issues notice to Centre and Law Ministry on PIL filed by Chetna Welfare Society.
Plea seeks nationwide ban on female genital mutilation, particularly in Dawoodi Bohra community where 75% of girls reportedly undergo the procedure.
Petition cites violations of rights, POCSO Act, WHO guidelines, and UN Resolution 67/146; Centre directed to respond within four weeks.
Supreme Court Seeks Centre’s Reply On Plea To Ban Female Genital Mutilation
The Supreme Court on Friday issued notices to the Union Government and the Ministry of Law and Justice on a public interest litigation seeking a complete ban on the practice of female genital mutilation (FGM), also known as khatna or female circumcision, across India.
Summary
A two-judge bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan directed the Centre to file its response within four weeks after hearing the petition filed by Delhi-based NGO Chetna Welfare Society through senior advocate Shashi Kiran and advocate-on-record Sadhana Sandhu.
The plea specifically highlights the continuation of FGM within certain sections of the Dawoodi Bohra Muslim community, stating that approximately 75% of female members undergo the procedure, usually between the ages of 6 and 10 years.
The petitioner contends that FGM is not an essential religious practice under Islam and violates multiple fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (right to life and personal dignity), and 25 (freedom of religion) of the Constitution.
It further argues that the practice contravenes provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Juvenile Justice Act, and India’s obligations under international conventions.
The petition cites the World Health Organisation’s classification of FGM as a procedure that intentionally alters or causes injury to female genital organs for non-medical reasons, resulting in immediate and long-term health complications including severe pain, excessive bleeding, infections, urinary problems, menstrual difficulties, sexual dysfunction, and increased risk during childbirth.
It also refers to the United Nations General Assembly Resolution 67/146 (2012) that unanimously called for the global elimination of female genital mutilation.
The NGO has sought directions to declare FGM illegal, issue guidelines for its prohibition, and ensure strict enforcement against any person or institution performing or promoting the practice.
The matter is now posted for further hearing after the Centre files its counter-affidavit.
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