SC stresses adverse impact of female genital mutilation

Chief Justice of India said the Constitution does not allow a person to cause injury to another.

August 27, 2018 10:44 pm | Updated August 28, 2018 01:06 pm IST - NEW DELHI

Female genital mutilation leaves a permanent emotional and mental scars in a young girl, Justice D.Y. Chandrachud observed on Monday. Chief Justice of India Dipak Misra said the Constitution does not allow a person to cause injury to another.

“You think in favour of husbands, girls should go through this practice?” Chief Justice Misra asked senior advocate A.M. Singhvi, appearing for 70,000 Bohra Muslim women who are in favour of the practice.

Mr. Singhvi argued that the practice was essential to religion and has continued since the 10th century.

By the constitution

Justice Chandrachud responded that the court has to test it in the light of constitutional morality. Just because something is “essential”, does not mean it is above constitutional morality, he said.

“If we do not go by the Constitution, then morality is left to the mob. The people on the streets will say what is moral and what is immoral,” he added.

The court is hearing a PIL filed by advocate Sunita Tiwari to ban female genital mutilation practised by some communities as a religious practice

Senior advocate Indira Jaising submitted that the practice cannot be considered an “essential practice” in religion as it can be brought under the ambit of the POCSO Act.

Top News Today


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.