On 31.07.2018, Hon’ble Supreme Court made it clear that it cannot direct doctors to perform the genital mutilation of the minor girls of Dawoodi Bohra Muslim community and questioned “scientific justification”, if any, behind the procedure.

Hon’ble Apex Court Bench headed by Hon’ble CJI Dipak Misra and also comprising Hon’ble Justice A M Khanwilkar and Hon’ble Justice D Y Chandrachud, was hearing a PIL challenging the practice, questioned the process stating that there was hardly any rationale behind it as a girl child is forced to undergo it due to non-medical reasons.

Hon’ble Bench stated that, “Do you (Senior Advocate A M Singhvi) wish us to pass an order under Article 142 (which provides extraordinary powers to the Supreme Court to pass any order in the interest of justice) of the Constitution asking doctors to perform this procedure in a hospital? How it can be done?”.

Hon’ble Supreme Court Bench asked Senior Advocate Singhvi appearing on behalf of Muslim group which supported the practice, “What is the scientific justification to direct doctors to perform this procedure,”.

Hon’ble Apex Court noted that asking doctors to perform this kind of procedure would also be violative of medical ethics.

Hon’ble Bench’s observations came when the Senior Adovcate submitted that the Court may issue directions to ensure proper safety measures in conducting the procedure.

Senior Advocate Singhvi added that Dawoodi Bohras have been the most progressive and educated among the Muslim communities and the practice is not so grave as has been made out by those opposing it. He said the practice has also been an essential religious practice which was protected under Article 25 (freedom of conscience and free profession, practice and propagation of religion) of Constitution.

Hon’ble Justice Chandrachud asked, “What is your standard operating procedure (SOP). I am thinking about the trauma of a child who would be crying and objecting to it. Somebody has to hold the child down as there is no anaesthesia, no hospital…,”.

To this Senior Advocate replied that same thing happened when a child is vaccinated and moreover, extreme care and caution are taken as the procedure is conducted under the supervision of the mother.

Attorney General K K Venugopal, appearing for the Centre, reiterated Government’s stand that it was opposing the practice and said that this has been banned in many countries like the US, the UK, Australia and around 27 African nations.

He added that, ‘The practice causes irreparable harm to girl children and has many health repercussions and referred to Article 25 to highlight the point that a religious practice can be stopped if it was against “public order, morality and health”.

Hon’ble Supreme Court Bench posted the PIL, filed by Delhi-based lawyer Sunita Tiwari against the practice in the community, for further hearing on August 9 and 10.