Can't direct doctors to perform genital mutilation on small girls: Apex court
New Delhi: The Supreme Court on Tuesday made it clear that it cannot direct doctors to perform genital mutilation of minor girls of the Dawoodi Bohra Muslim community and questioned the "scientific justification", if any, behind the procedure.
A bench headed by Chief Justice Dipak Misra, which was hearing a PIL challenging the practice, questioned the process saying that there was hardly any rationale behind it as a girl child is forced to undergo it due to non-medical reasons.
"Do you (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?
"What is the scientific justification to direct doctors to perform this procedure," the bench, also comprising justices A M Khanwilkar and D Y Chandrachud, asked senior lawyer Singhvi, representing a Muslim group which supported the practice.
It said asking doctors to perform this kind of procedure would also be violative of medical ethics.
The observation came when the senior lawyer said the court may issue directions to ensure proper safety measures in conducting the procedure.
Singhvi said the 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.
The bench asked about the standard operating procedure (SOP) for performing the mutilation on small minor girls.
"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...," Justice Chandrachud asked.
The senior lawyer said 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.
