Hearing a bunch of petitions led by Sunita Tiwari, a bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said: "FGM prima facie appears to be a violation of individual's right to privacy, which was declared to be part of the fundamental right to life in K Puttaswamy judgment.
That is because it was held that genitalia is extremely private to every person." Justice Chandrachud said even if FGM is taken to be part of essential religious practice, then too, it will be difficult to uphold its legality as right to religion and its practices guaranteed under Article 25 of the Constitution, makes such practices subject to public health. "FGM also appears to be an offence under Protection of Children from Sexual Offences (Pocso) Act," he said.
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