The Supreme Court said today the argument that female genital mutilation (FGM) of minor girls of the Dawoodi Bohra Muslim community is being practised from tenth century is not "sufficient" to hold that this formed part of the "essential religious practice", which cannot be scrutinised by court.
A bench headed by Chief Justice Dipak Misra was responding to submissions of senior advocate A M Singhvi, appearing for a Muslim group, that this was an old practice which formed part of "essential religious practice" and, hence, was not open to judicial scrutiny.
Singhvi told the bench, also comprising justices A M Khanwilkar and D Y Chandrachud, that the practice was protected under Article 25 and 26 of the Constitution which deals with religious freedom.
However, the bench differed, saying, "The fact that this is being practised from 10th century is not sufficient for us to hold that this is the essential part of religious practice."
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