SC to hear plea on female genital mutilation among Bohras
New Delhi, Sep 24 : The Supreme Court on Monday referred to a Constitution Bench a plea questioning the practice of Female Genital Mutilation (FGM) prevalent in the Dawoodi Bohra community.
The issue was referred to the Constitution Bench on the request of Attorney General K.K. Venugopal and senior counsel Mukul Rohatgi who appeared for the community.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said that they would frame the question for the consideration of the Constitution Bench.
The top court earlier in the course of the hearing of the PIL had said that the religious practices could not be cited to justify female genital mutilation in the Dawoodi Bohra community, observing "a lot of girls don't want and it can't be imposed".
The earlier hearing by a three-judge bench saw the Centre describing the practice of FGM amongst Dawoodi Bohras as violative of bodily integrity which is a part of right to privacy and dignity.
However, the community had defended the practice on the grounds of the freedom of religion and religious practices.
A lawyer, Sunita Tiwari, had moved a PIL challenging the practice and seeking direction to declare it illegal and unconstitutional, non-compoundable and a non-bailable offence.
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New Delhi (PTI): Trinamool Congress (TMC) MP Mahua Moitra has also approached the Supreme Court challenging the validity of the Waqf (Amendment) Act, 2025.
Meanwhile, a three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan has listed for hearing on April 16 ten other petitions, including the one filed by AIMIM leader Asaduddin Owaisi, challenging the validity of the law.
Samajwadi Party MP from Sambhal, Zia-ur-Rahman Barq, had recently also filed a plea on the issue in the apex court.
Moitra, who filed her plea on April 9, has said the controversial amendment not only suffered from serious procedural lapses but also violated several fundamental rights enshrined in the Constitution.
“It is submitted that the violation of parliamentary practices during the law-making process has contributed to the unconstitutionality of the Waqf (Amendment) Act, 2025,” the plea said.
“Procedurally, the Chairperson of the Joint Parliamentary Committee flouted parliamentary rules and practices both at the stage of consideration and adoption of the draft report of the Joint Parliamentary Committee on the Waqf Amendment Bill and at the stage of presentation of the said report before Parliament,” it said.
The plea said that dissenting opinions from the opposition MPs were reportedly redacted without justification from the final report presented in Parliament on February 13, 2025.
Such actions undermined the deliberative process of Parliament and violated established norms as outlined in authoritative parliamentary procedure manuals, it said.
The plea said the new law allegedly infringed upon Articles 14 (equality before the law), 15(1) (non-discrimination), 19(1)(a) and (c) (freedom of speech and association), 21 (right to life and personal liberty), 25 and 26 (freedom of religion), 29 and 30 (minority rights), and Article 300A (right to property) of the Constitution.
Moitra sought striking down of the Act in its entirety, citing its procedural irregularities and substantive violations of the Constitution.
AIMIM leader Asaduddin Owaisi, AAP leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha have also moved the top court on the issue.
The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK) and Congress MPs Imran Pratapgarhi and Mohammad Jawed are other key petitioners in the case.
