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Female genital mutilation violative of constitutional rights: SC
New Delhi, July 30 (IANS) The Supreme Court on Monday said the practice of female genital mutilation (FGM) in Dawoodi Bohra community is violative of Article 21 and Article 15 of the Constitution that guarantees protection of life and personal liberty and prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
“It is violative of Article 21 of the Constitution as it puts the female child to the trauma of FGM,” said the bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud as the Centre told the court that it supports the petitioner’s plea that it is a crime punishable under the Indian Peal Code and the Protection of Children from Sexual Offences Act (POCSO Act).
“When we are for affirmative push to women’s right, how can it be reversed?” said Chief Justice Misra, adding that a women has other obligations and cannot be expected to submit to the whims of the male.
The court said this in the course of hearing of a PIL seeking to ban female genital mutilation (FGM) or “Khatna”, as it is commonly called, and declaring it illegal and inhuman.
Attorney General K.K. Venugopal told the court that the practice has been banned by 42 countries out of which 27 countries are in Africa.
He said that World Health Organisation (WHO) too has called for banning it.
As senior counsel Rakesh Khanna appearing for PIL petitioner Sunita Tiwari told the bench that the practice prevailing in Dawoodi Bohra community is violative of the constitutional guarantee of right to life, Justice Chandrachud said besides Article 21, it is also violative of Article 15 guaranteeing protection discrimination on grounds of religion, race, caste, sex or place of birth.
Appearing for another petitioner from Dawoodi Bohra community, who suffered the trauma of FGM, senior counsel Indira Jaising said that it is a part of woman anatomy and practice is punishable under the law.
She referred to a resolution passed by the Dawoodi Bohra community saying that their practice can be subject to the law of their host country and said it is banned in Australia and other countries.
“Those who want to perpetuate the practice may argue that IPC and POCSO talk about vagina and penetration to constitute an offence,” Jaising said, “but any touching of genital with the exception of for medical reasons is an offence.”
At this Justice Chandrachud said that “legislation need not read all evils to curb some evils”.
The Centre had in April told the court that the practice of FGM is a “crime under existing laws” and had urged it to “step in and issue directions” on the issue.
“It is a crime punishable with imprisonment of seven years under the existing law…,” the Centre had told the court.
Hearing will continue on Tuesday.
–IANS
pk/nir
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Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.
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