A section of Dawoodi Bohra Women have filed a case in the Supreme Court seeking a ban on FGM saying the practice was violation of human rights of children and women.
The Supreme Court will tomorrow hear a plea against the practice of female circumcision prevalent in the Dawoodi Bohra Muslim community which the petition has alleged amounts to female genital mutilation (FGM).
A section of Dawoodi Bohra Women have filed a case in the Supreme Court seeking a ban on FGM saying the practice was violation of human rights of children and women. A Delhi-based lawyer has also filed a plea opposing the practice.
Senior advocate A M Singhvi, appearing for a Muslim group, had defended the practice in the top court saying it has been followed since 10th century. He has asked for the matter be referred to a constitution bench as it pertained to the issue of essential practice of the religion which needed to be examined.
Singhvi had argued that the practice is protected under the Section 25 and 26 of the Constitution which is related to the freedom of religion. The 3-judge bench of the apex court had said that it is not enough that the practice is being followed since the 10th century.
Practice violative of Article 21 and Article 15 of Constitution
In earlier hearings, the Supreme Court questioned the prevalent practice of FGM of minor girls in the community.
On July 30, a bench headed by Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud, which was hearing a plea seeking a ban on the practice, said the practice of FGM in Dawoodi Bohra community is violative of Article 21 and Article 15 of the Constitution that guarantees protection of life and personal liberty and prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
The top court also referred to fundamental rights including Article 15 (prohibition of discrimination on grounds like caste, creed and sex) under the Constitution and said a person has the right to "have control over her body".
Practice violates "integrity" of girl child's body
The Supreme Court had earlier questioned the practice saying the women cannot be "subjugated" to the level, where they have to "please" their husbands only.
"Why and how should the bodily integrity of an individual can be part of the religion and its essential practice," the bench asked on July 9. The court said that the practice violated the "integrity" of a girl child's body.
"Why should anybody else will have any control over the genitals of an individual," it said.
"It is violative of Article 21 of the Constitution as it puts the female child to the trauma of FGM," said the bench.
Centre supports ban on FGM
The Centre has told the top court that it supports the petitioner's plea that the practice is a crime punishable under the Indian Penal Code and the Protection of Children from Sexual Offences Act (POCSO Act).
Attorney General KK Venugopal had told the court that the practice has been banned by 42 countries out of which 27 countries are in Africa.
Bohra women's group defends 'khafz'
An organisation representing women of Dawoodi Bohra Muslim community on Sunday defended the practice of female circumcision prevalent in the community saying it does not amount to female genital mutilation (FGM), which needs to be banned.
The organisation issued a statement today in the wake of Court of Criminal Appeal in New South Wales in Australia overturning the conviction of three people accused of FGM. The court ruled that the traditional Dawoodi Bohra practice of 'khafz' (female circumcision) does not amount to FGM.
Dawoodi Bohra community is a Shia sub-sect of traders hailing predominantly from Gujarat and spread across the world.
The group, Dawoodi Bohra Women's Association For Religious Freedom (DBWRF), said that khafz was a harmless religious ritual that was being followed for centuries, FGM was unwarranted and it should be abolished.
In a statement issued today, secretary and spokesperson of DBWRF, Samina Kanchwala, said, "Khafz is a completely harmless religious ritual followed for centuries and this historic judgement will be welcomed by Dawoodi Bohras around the world, who are struggling to inform public opinion that is intent on denying women their right to practise their religious observance."
According to her, khafz was a part of their religious freedom guaranteed by the Constitution and that the procedure does not amount to FGM.
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 "File photo of Supreme Court, PTI")
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