When religious freedom collides with right to life, Pg13

Key Highlights:

• A nine-judge bench of the Supreme Court (SC) is hearing a case to determine the constitutionality of Female Genital Mutilation (FGM) in the Dawoodi Bohra community.
• FGM, involving partial or total removal of external female genitalia, is considered a form of torture and is customary among the Dawoodi Bohra community in India.
• The Ministry for Women and Child Development (MWCD) has affirmed that FGM is a crime under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
• The Supreme Court's framing of the case, tagging FGM's legality with religious freedom issues, is problematic as it may cause concern.

Detailed Insights:

• FGM is a cultural practice with no basis in Islamic scriptures and is a criminal offense in most countries, violating international legal obligations.
• The Supreme Court must separate the constitutionality of FGM from issues of religious freedom, as the practice is not religious and violates bodily integrity and fundamental rights.
• Arguments claiming FGM as an integral part of the Bohra religion are untrue, and even if true, cannot supersede fundamental rights, especially the right to life.
• FGM contravenes India’s binding international obligations, including the prohibition of torture, which is a fundamental rule of international law.

Key Concepts Involved:

• Female Genital Mutilation (FGM): Procedures involving partial or total removal of the external female genitalia for non-medical reasons.
• Right to Life: A fundamental right ensuring protection of one's life and personal liberty.
• Religious Freedom: The right to practice and propagate one's religion, subject to public order, morality, and health.