PIL In Kerala High Court Seeks Ban On Circumcisions, Says It Violates Child Rights

A Public Interest Litigation has been filed by Non-Religious Citizens (NRC), a cultural organisation based in Kerala, before the High Court to declare the practice of non-therapeutic circumcision illegal.

The Petitioners contend that the practice of circumcision is a ‘cruel’ and ‘unscientific custom’ that children are often victims of, terming it a human right violation.

The petition also claims that such a practice is violative of the fundamental right to life under Article 21 of the constitution and hence the court is bound to interfere in the matter. “The child is not getting the right of choice. Non-therapeutic child circumcision is a human rights violation. Circumcising a child is an unnecessary violation of his bodily integrity as well as an ethically invalid form of medical violence,” the petition states.

Circumcision is the surgical removal of the tissue that covers the head of the male genital organ, the foreskin. Performing circumcision on a male child soon after birth, is an ancient practice followed in certain religions. The petition also contends that such a practice is not an essential religious practice as the nature of the religion will not be altered if the practice is taken away.

The petition seeks a ban on the religious practice of circumcision on the ground that it poses several health risks including bleeding, infection, scarring in children. It also cites the impact of trauma caused at a young age that could later affect the cognitive development of the child, as a reason to put an end to the practice.

The petition states that the United Nations Convention on Rights of the Child, 1989 and the International Covenant on Civil and Political Rights adopted by the UN General Assembly, to which India is a signatory, emphasize on the right of children to live in a secure environment free from any harm or abuse. As signatory to the aforesaid treaties, steps must be taken to protect children from any kind of torture or cruelty or degrading human treatment, the plea urges.

The Petition has also sought for a declaration from the court that the practice of circumcision would amount to a cognizable and non bailable offence. It also prays for a direction in the nature of the "recommendation or suggestion or judicial advice" to State for enactment of a law to prohibit the practice of circumcision on children.

It also seeks a direction for registration of criminal cases against those who do anything "towards circumcision on children" or attempt or abet any such action.