New Delhi: Senior counsel Abhishek Manu Singhvi, who appeared for Dawoodi Bohra community, justified in the Supreme Court on Tuesday the female genital mutilation (FMG) as it is an integral aspect of religious practice.
Making this submission before a three-Judge-bench comprising the Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud hearing petitions from advocate Sunita Tihar and others challenging the practice of FGM, Dr Singhvi contended that it has the sanction of religious texts.
He said, “It is an essential aspect of Islam and cannot be subjected to judicial scrutiny. Quoting from religious texts, he demonstrated that this practice has been followed for centuries.
FMG or ‘khatna’ is a practice prevalent among the Dawoodi Bohra religious community of Shia sect, as it is a crime and punishable offence. This practice is an age-old tradition in this community to mark the arrival of womanhood. The court had already orally expressed its disapproval to this practice.
The Centre had supported the petitioners stating that the FMG is a crime with a punishment of seven years of imprisonment “under the existing laws.”
It also pointed out that the United Nations has deprecated this practice and FMG has been banned in USA, UK, Australia, Canada and 27 African countries and it should not be allowed to continue.
The petitioner have described the practice as “inhuman.”
