SC NEW DELHI: A Dawoodi Bohra Muslim woman on Thursday questioned the denominational custom of female genital mutilation (FGM) and said the ritual inflicts bodily injury and irreversible physical and mental trauma on minor girls, which is aviolation of her health and dignity and an offence under the Protection of Children from Sexual Offences (Pocso) Act. Appearing for Masooma Ranalvi, senior advocate Sidharth Luthra told a nine-judge bench led by CJI Surya Kant the FGM ritual is performed on seven-year-old girls, hence, there is no question of the act being consensual, and her parents cannot protest as it could invite the wrath of the religious head of the community, who could ex-communicate them. The fear of ex-communication, which ranges from social boycott to severance of all economic and social ties with other members of the community, forcibly silences protest against the ritual, Luthra said. The bench comprising CJI Kant, Justices B V Nagarathna, M M Sundresh, A Amanullah, Aravind Kumar, A G Masih, P B Varale, R Mahadevan and J Bagchi said individual cases of excommunication can be challenged in civil courts but doubted whether the ex-communication used to keep the denomination intact on religious grounds could be questioned in a court of law. Justice Bagchi expressed surprise that FGM, which causes injuries to vital parts of young girls, has not yet been banned by enacting a law by govt, which has a constitutional mandate to usher in social and religious reforms through legislation. Luthra said, “Where a child is subjected to physical pain, bodily alteration, coercive participation, or mental suffering in the name of religious observance, the matter ceases to remain one of protected religious autonomy and enters the domain of constitutional and criminal scrutiny.” “No denomination can claim constitutional protection for a practice that causes harm to minors whose parents and whose actions follow that religious denomination and may be the perpetrators or complicit in the harm. Judicial intervention in such cases is not interference with religion but enforcement of the constitutional duty to protect the dignity, bodily integrity, and future of every child,” Luthra said.End of ArticleFollow Us On Social MediaVideosGovernor RN Ravi Dissolves West Bengal Assembly After Mamata Banerjee Refuses To ResignSatadru Dutta Accuses TMC’s Aroop Biswas Of Sabotaging Lionel Messi Kolkata EventWill Vijay Fight In Court For CM Post? | India Destroyed 13 Pakistani Aircraft | Headlines @9’Whatever Requires To Be Done’: Indian Air Force On Recent Missile Tests By Pakistan And China’Pending For Over 5 Yrs…’: India Reacts To Bangladesh’s ‘Pushback’ Remark After BJP’s Bengal Win’It Was Abhishek Banerjee’: BJP Blames TMC Leaders After Suvendu Adhikari’s Close Aide Shot Dead’No Terror Sanctuary Is Safe’: Indian Army Warns Pakistan On Op Sindoor Anniversary’Killed Him Because I Defeated Mamata In Bhabanipur’: Suvendu Adhikari On PA Chandranath’s Killing’Aap Haare Nahi Hain’: Akhilesh Yadav Tells Mamata Banerjee In Kolkata After TMC’s Bengal RoutIn Punjab Money Laundering Case Cash Bags Hurled From Ninth Floor During Raids123PhotostoriesMorning affirmation at 5 AM: A quiet reset before the chaos beginsRashtrapati Bhavan treated the Vietnamese President with Punjabi and Haryanvi meal: This is what was served on the menuHow to make Gujarati Kadhi for summer dinner at homeHappy Birthday Sai Pallavi: ‘Amaran’, ‘Premam’, ‘Fidaa’ – Films of the natural star to binge-watch on OTTThings you are not allowed to do in your garden in the USSimple kitchen habits that may attract more lizards indoorsMet Gala 2026: Weirdest red carpet looks that stole the spotlight this year5 beautiful scented plants to add to your garden todayStrengths of being an introvert: 5 unique traits of people who prefer to be alone over socialisingTaking supplements every day? Doctor warns they may be doing more harm than good123Hot PicksBihar ministers listDelhi traffic advisoryDelhi rainPune child rape-murder casePerambur election resultIndia-New Zealand FTASugarcane price hikeTop TrendingKerala CMWest Bengal ViolenceTamil Nadu Class 12 Result 2026Maharashtra Board SSC Result 2026Kerala plus one improvement resultBihar cabinet expansionWBBSE Madhyamik Result 2026Salil AnkolaBihar Ministers ListRCB vs LSG IPL Match Today
NEW DELHI: A Dawoodi Bohra Muslim woman on Thursday questioned the denominational custom of female genital mutilation (FGM) and said the ritual inflicts bodily injury and irreversible physical and mental trauma on minor girls, which is aviolation of her health and dignity and an offence under the Protection of Children from Sexual Offences (Pocso) Act. Appearing for Masooma Ranalvi, senior advocate Sidharth Luthra told a nine-judge bench led by CJI Surya Kant the FGM ritual is performed on seven-year-old girls, hence, there is no question of the act being consensual, and her parents cannot protest as it could invite the wrath of the religious head of the community, who could ex-communicate them. The fear of ex-communication, which ranges from social boycott to severance of all economic and social ties with other members of the community, forcibly silences protest against the ritual, Luthra said. The bench comprising CJI Kant, Justices B V Nagarathna, M M Sundresh, A Amanullah, Aravind Kumar, A G Masih, P B Varale, R Mahadevan and J Bagchi said individual cases of excommunication can be challenged in civil courts but doubted whether the ex-communication used to keep the denomination intact on religious grounds could be questioned in a court of law. Justice Bagchi expressed surprise that FGM, which causes injuries to vital parts of young girls, has not yet been banned by enacting a law by govt, which has a constitutional mandate to usher in social and religious reforms through legislation. Luthra said, “Where a child is subjected to physical pain, bodily alteration, coercive participation, or mental suffering in the name of religious observance, the matter ceases to remain one of protected religious autonomy and enters the domain of constitutional and criminal scrutiny.” “No denomination can claim constitutional protection for a practice that causes harm to minors whose parents and whose actions follow that religious denomination and may be the perpetrators or complicit in the harm. Judicial intervention in such cases is not interference with religion but enforcement of the constitutional duty to protect the dignity, bodily integrity, and future of every child,” Luthra said.
