(File photo used for representation)

NEW DELHI: Days before final hearings on petitions challenging the validity of ‘triple talaq’, the Supreme Court sought on Monday the Centre’s and four states’ response on a PIL seeking a ban on the ritual of female genital mutilation ( FGM ) in the Dawoodi Bohra community.

A bench of Chief Justice J S Khehar and Justice D Y Chandrachud and Justice Sanjay Kishan Kaul issued notice to four central ministries — law and justice; health and family welfare; social justice and empowerment; and women and child development — and the states of Maharashtra, Gujarat, Rajasthan and Delhi.

While entertaining a PIL filed by advocate and social activist Sunita Tiwari, the bench said, “The petition has highlighted an extremely important yet sensitive issue.” The petitioner said the practice of ‘ khatna ’ or ‘ female circumcision ’ or ‘khafd’ carried out on minor girls amounted to a “serious violation of the rights of children as even minors have a right of security of person, right to privacy, bodily integrity and the freedom from cruel, inhumane or degrading treatment”.

The petition said though the Dawoodi Bohras were among the most educated in India, yet “it is the only Muslim community in India to practise FGM... The practice has nothing to do with religion and is more of a cultural practice”.

Seeking a complete ban on the “extremely secretive” ritual and its classification as a criminal offence, Tiwari said that, in the name of an archaic ritual, a lot of physical and psychological damage was being inflicted on each girl and woman of the community.

Tiwari argued that this ritual, like many others, had the same basis: “When men are oppressed, it’s a tragedy. When women are oppressed, it’s tradition.”

“A UN resolution passed in 2012... calling for its (FGM’s) ban has been signed by 194 countries. In Africa , 27 countries have banned the practice. Unfortunately, there is no law in India yet against FGM, hence the clergy in India is unabashedly promoting FGM,” the petition alleged. India is a signatory to the 2012 UNGA resolution.

“...After the verdict by an Australia court banning female genital cutting, there were a spate of resolutions passed by jamaats of several western countries like the US, the UK, France asking Bohras living in these countries to not practise FGM as it was against the law in these countries and stop the practice of ‘khatna’ or female circumcision,” the PIL said.

