NEW DELHI: The union government in its statement to the Apex court has said that the practice of female genital mutilation (FGM) is a “crime under existing laws”.
Attorney General KK Venugopal has requested the bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar to “step in and issue directions” on the issue.
“It is a crime punishable with an imprisonment of seven years under the existing law, ” Venugopal said.
The government’s response has come after a plea seeking direction to ban female genital mutilation or “Khatna”, as it is commonly called, and declare it illegal and inhumane. Advocate Sunita Tihar had earlier challenged the practice prevalent among the Dawoodi Bohra religious community and asked the court to declare it illegal and unconstitutional, non-compoundable and a non-bailable offence.
Ms Tihar had argued that India was a signatory to the UN Convention on Rights of Child and had also ratified it and has described the practice as “inhuman” and violative of the girl child’s rights under the Constitution’s Article 14 (Right to Equality) and Article 21 (Right to Life), the petitioner advocate sought putting in place a statutory framework.
The bench adjourned the matter for July 9 and also issued a notice to Kerala and Telangana. It had earlier issued notice to Maharashtra, Gujarat, Rajasthan, and Delhi.
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