Sixty-four-year-old Canada-based Dawoodi Bohra lawyer Dilshad Tavawalla and her Mumbai-based daughter, Shaheeda Tavawalla Kirtane, are co-intervenors in the female genital mutilation (FGM) case in the Supreme Court. Cut at the age of seven as per the Dawoodi Bohra practice of khafz or khatna , Ms. Tavawalla was left emotionally traumatised by the “violent and painful experience”. She ensured that her daughter wasn’t subjected to the same.
Last week, the FGM matter was transferred to a Constitution Bench, triggering strong reactions from anti-FGM activists. The mother-daughter pair, who is being represented by a legal team from Karanjawala & Co. pro bono, talks to The Hindu about fears of the FGM case getting stuck in legal limbo. Excerpts.
After a nearly six-month-long legal battle, the FGM matter has been transferred to a larger Constitution Bench. Will this impact the case in any way?
DT: The positive impact of a reference to a larger Bench is that such an important matter, which affects the life of every Dawoodi Bohra girl and woman, will be adjudicated upon with additional intellectual rigour, and the final decision will be more authoritative. On the other hand, this decision could have come sooner as the apex court was hearing arguments and counter-arguments from the petitioner and intervening parties since July. Valuable judicial time and resources, and the heavy financial burden on the parties involved in this litigation, could have been avoided.
Do you see this transfer to a Constitution Bench as a setback to the anti-FGM movement?
DT : A strong legal framework for India that acts as a deterrent to FGM is an important part of the larger anti-FGM movement. We can only hope that the PIL does not go into legal limbo, and a Constitution Bench is assigned at the earliest to hear the matter afresh.
STK : We believe that justice delayed is justice denied. Any delay will take a grievous toll on innocent and vulnerable seven-year-old girls living in, or brought to India, who are at risk of being subjected to this deleterious procedure every hour, every day going forward.
Do you think Prime Minister Narendra Modi’s recent meeting with Syedna Mufaddal Saifuddin, spiritual head of the Dawoodi Bohras, in Indore and their close ties will impact the outcome of this case?
DT : No. Traditionally, and as a matter of skilful deference and survival, the Dawoodi Bohra religious leadership has always supported legitimate governments in power at all periods in history, be it when India was under British Raj, or subsequent governments after Independence. Over the centuries, the dawat (clerical hierarchy) has practised apolitical quietism and obedience worldwide. This quietistic attitude is encapsulated and preached through the saying of the Prophet (SA), ‘ Hubbul Watan Minal Iman ’. To love one’s country is part of your deen (faith).
STK : We believe that the independence and impartiality of the judiciary are cornerstones of our democracy, and we staunchly repose our faith and trust in this truism.
