Female genital mutilation violates fundamental right to privacy: SC

Representative Image.

The Supreme Court, which is hearing a clutch of petitions against the practice of Female Genital Mutilation (FGM), on Monday observed that the religious exercise violates the fundamental rights of an individual.

A three-member bench, headed by Chief Justice of India Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud, observed that the practice of FGM infringes upon an individual’s Right to Privacy which was recognized as a fundamental right in the August 2017 K Puttaswamy Judgment.

Justice Chandrachud was quoted as saying by LiveLaw, “One has supreme authority over genitalia…it is central to one’s identity, dignity and autonomy”. He also said even if FGM comes under the ambit of religious practices, it cannot be protected under Article 25 of the Indian Constitution as it makes such practices subject to public health.

Read more | Explained: What is Female Genital Mutilation?

Appearing for one of the victims of FGM, senior advocate Indira Jaising told the apex court that her client still relives the trauma that was subjected to her when she cut. Jaising said, “The act of touching female genitalia is a crime under various provisions of IPC and POCSO, except for medical reasons; even if a doctor or a ‘dai’ was to touch the genital parts without any medical purpose, it would attract charges under IPC and POCSO." She contested that something that has been made criminal cannot be an “essential practice”, LiveLaw has reported.

The petition seeking a ban of the practice of FGM was filed by advocate Sunita Tiwari last year. Her petition was contested by members of the Dawoodi Bohra community, who argued that the practice should be allowed as the Constitution guarantees religious freedom under Article 25.