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New Delhi. On Thursday, a very serious debate took place in the country’s biggest court on the tradition of female genital cutting (FGC), the practice of circumcision of girls prevalent in the Dawoodi Bohra community of Muslims. During the hearing, a demand was raised to ban this practice completely, calling it an issue to women’s dignity, health and constitutional rights. The case reached an emotional turn when the woman petitioner, belonging to the Dawoodi Bohra community, told the court that small girls are forced to undergo such a procedure, the pain of which haunts them for the rest of their lives.

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The Constitution bench of 9 judges of the Supreme Court is hearing this case. The bench is headed by Chief Justice Surya Kant. He is joined by Justice BV Nagarathna, Justice MM Sundaresh, Justice Amanullah, Justice Arvind Kumar and other judges. During the hearing, the court several times raised serious questions on the social and legal aspects of this practice. Senior advocate Siddharth Luthra, appearing for petitioner Masuma Ranalvi, told the court that this procedure is usually done on girls aged 6 to 7 years. At such a young age, the child can neither understand its meaning nor is she in a position to give consent. He argued that this is not merely a matter of religious or social tradition, but is directly to the rights of children, physical autonomy and the right to life and dignity under Article 21 of the Constitution.

It was also told in the court that during this process, a part of the genitals of the girls is cut, due to which they have to endure unbearable pain. The petitioner side claimed that this affects many nerves and in future, women may have to face physical complications, mental stress and emotional trauma. The court was told that many women are unable to forget this experience throughout their life and it also affects their self-confidence and mental health.

During the hearing, lawyer Siddharth Luthra also said that it is not easy to oppose this practice within the community. Social pressure is placed on families and those who oppose it face the threat of ostracism. He told the court that many parents accept this practice even against their will because they fear that protesting may break their ties with the society and lead to socio-economic losses.

During the hearing of the case, Justice Joymalya Bagchi also expressed concern as to why a clear law has not been made on this subject till now. Commenting, he said that if any procedure has a permanent effect on the body of girls, then it cannot be ignored merely by calling it a tradition. The court also said that in such cases it is the responsibility of the government and Parliament to impose a final ban or make a law.

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The petitioner party demanded from the court that this practice should be considered a crime under the POCSO Act, because it involves interference with the body of minor girls without consent. He said that this is not only a matter of religious freedom, but also of children’s safety and fundamental rights. Now there will be a detailed hearing on this matter in the Supreme Court. The court has to decide to what extent are the limits of religious and cultural traditions and whether the body and rights of girls can be compromised in the name of any tradition. All eyes are on this hearing across the country because it may impact many sensitive cases to women and children in the future.