Supreme Court Links FGM to POCSO Act

Female Genital Mutilation (FGM) is under examination before a nine-judge Constitution Bench of the Supreme Court of India in a Public Interest Litigation filed against the practice, which is associated with the Dawoodi Bohra community. In earlier hearings in July 2018, a three-judge bench observed that FGM prima facie appeared to violate the right to privacy and appeared to be an offence under the Protection of Children from Sexual Offences (POCSO) Act.

Female Genital Mutilation as a Legal Issue

FGM refers to the partial or total removal or injury of female external genitalia for non-medical reasons. In India, the practice has been examined in relation to bodily injury, child protection, health, dignity, and religious freedom under Articles 25 and 26 of the Constitution. The Supreme Court has recorded that FGM causes irreversible physical and mental trauma to minor girls. The practice has also been discussed in relation to the protection of children from sexual offences, since Section 3 of the POCSO Act defines penetrative sexual assault against a child.

Constitutional Provisions and Bench Observations

The present hearings began on 7 April 2026 and are being heard by a nine-judge Constitution Bench led by Chief Justice Surya Kant. On 7 May 2026, Justice Joymalya Bagchi observed that FGM could be restricted on health grounds under Article 25 without entering the question of whether it is an essential religious practice. The Court has also distinguished FGM from male circumcision during the hearings. The distinction has been discussed with reference to the physical, reproductive, emotional, and sexual health of girls.

Statutory Provisions and Related Law

India does not have a standalone law that expressly bans FGM. The practice may be examined under provisions of the Indian Penal Code relating to causing hurt, including Sections 319 to 326, and under the POCSO Act, 2012. The Union government had earlier stated that there was no official data confirming the existence of FGM in India. Activists have linked this position to the absence of a specific legal category for recording such cases.

Important Facts for Exams

• FGM is also called female circumcision in some contexts, but the term FGM is used in international law and public health documents.
• The POCSO Act, 2012 protects persons below 18 years of age from sexual offences.
• Article 25 of the Constitution protects freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, health, and other provisions.
• Article 26 of the Constitution protects the right of religious denominations to manage their own affairs in matters of religion.

The Supreme Court has heard FGM-related constitutional questions alongside issues of religious freedom under Articles 25 and 26. The case remains pending before the nine-judge Constitution Bench.