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The Supreme Court bench headed by Chief Justice DipakMisra, Justice AM Khanwilkar and Justice DY Chandrachudreferred the question of constitutionality of Female Genital Mutilation to a five bench judge bench. The said practice is followed by the Dawoodi Bohra community in India. In the previous proceedings, counselling Abhishek Manu Singhvi spoke in favour of the practice being an essentiality of the Fatmid school of Islam. 70,000 women of the community supported the practice.
He made references to the previous matters relating to constitutionality of religious practices being settled by the court. Senior advocate Indira Jaising contended and opposed the motion saying that several matters raised in the case at hand will be canvassed in the judgments in the SabrimalaTemple entry case and in the Gokrookh Gupta matter. The bench had deferred the hearing to after the pronouncement in the Sabrimala case. Attorney Venugopal said that this has to be referred to the Constitutional Bench and cannot be compared with other matters.
It has been submitted that the practice also known as KhatnaIs no where mentioned in the Quran. It is an infringement of rights for every girl and woman. It is against article 14 and 21. The petition asks for implementation of the resolution against FGM passed in 2012 by the UN. According to WHO, FGM represents the issue of gender inequality to the core. It reflects inequality of sexes. It is declared illegal in several countries including UK .
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