Supreme Court begins review of FGM legality in India
The Supreme Court on Friday agreed to examine a plea seeking a ban on female genital mutilation (FGM), also referred to as female circumcision, a practice prevalent among a section of the Muslim community, particularly the Dawoodi Bohra community.
A bench comprising Justices B V Nagarathna and R Mahadevan issued notices to the Centre and other respondents on the petition filed by NGO Chetna Welfare Society.
The court heard arguments that the practice was not an essential religious requirement in Islam and that it violated the rights of minor children. The petition asserted that the absence of a separate, codified law banning FGM had allowed the practice to continue, despite the act being prosecutable under multiple sections of the Bharatiya Nyaya Sanhita, including those related to causing hurt — sections 113 and 118(1), 118(2), and 118(3).
The plea also argued that any non-medical touching of a minor’s genitalia constituted a violation under the POCSO Act, and noted that the World Health Organisation had classified FGM as a serious human rights violation affecting girls and women. It further stated that the practice contravened protections guaranteed under the Universal Declaration of Human Rights.
Citing medical risks, the petition reiterated that FGM was a grave public health concern, pointing to complications such as infections, childbirth risks, and long-term physical impairments.
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