PIL in Kerala High Court demands circumcision declared illegal
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Thiruvananthapuram: A cultural organisation has approached the Kerala High Court demanding that the practice of non-therapeutic circumcision must be declared illegal, Live Law reported.
The Kerala-based organisation Non-Religious Citizens (NRC), who filed a public interest litigation (PIL), contented that the practice is cruel and unscientific, victimising children and calling it a human rights violation.
According to the petitioner, the practice violates the fundamental right of the Right to Life under Article 21 of the Constitution, and the court must interfere with it.
The PIL contended that the child is being denied his right of choice and the practice is an unnecessary violation of his body integrity and “an ethically invalid form of medical violence,” Live Law quoted the petition.
The petition further contents that the practice does not come under essential religious practices since the nature of the religion will stay unaltered if the practice is banned.
Circumcision poses health risks such as bleeding, infection, and scarring in children, the PIL claimed and added that the trauma a child goes through during the procedure might affect the child’s cognitive development later.
The petition uses the fact that India is a signatory of the United Nations Convention on the Rights of the Child, 1989 and the International Covenant on Civil and Political Rights adopted by the UN General Assembly. It says both the mentioned emphasise the right of children to live in a secure environment, free from any kind of abuse and therefore, steps must be taken to protect children from such “torture”.
The petition wanted the court to declare non-therapeutic circumcision a non-bailable offence and direction to the state to introduce a law prohibiting the practice.
Circumcision is the surgical removal of the tissue covering the head of a male genital organ, known as the foreskin. Performing the procedure on newborn males is an ancient practice followed by some religions.