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Kerala

‘Cruel and inhuman’: Plea filed in Kerala HC against circumcision of Muslim children

The petition has urged the court to declare non-therapeutic circumcision as illegal, and make it a non-bailable offence.

Written by : TNM Staff

Non Religious Association, a group of people who left their religion, have approached the Kerala High Court asking for immediate intervention in the practice of circumcision (sunnah) in young Muslim children (boys). The circumcision is done from the age of one till five years in Muslim boys.

The petition called the practice a human rights violation against children. The petition pointed out that the International Covenant on Civil and Political Rights adopted by the General Assembly of UN has stated that, “parties shall take all effective and appropriate measures with a view of abolishing traditional practices prejudicial to the health of children. All parties shall ensure that no child shall be subjected to arbitrary or unlawful interference with his or her privacy, family home or correspondence nor to unlawful attack on his or her reputation.” Quoting this, the petition said that India is a member and signatory covenant and the circumcision procedure is in breach of what is said in this.

The petition said that circumcision is forced on children and it is not their choice and it's a clear violation of international treaties. The petition called the act, “cruel, inhuman and barbarous”, stating that a few infants have died due to this.

The petition has urged the court to declare non-therapeutic circumcision as illegal, and make it a non-bailable offence, and to bring a legislative law against it. It noted that a child had died in Vadanapally in Kerala in May 2018 after circumcision.

The petition also gave a number of reasons as to why the procedure should be banned. It said that for children it would be childhood trauma and even biologically it affects the future development of the child. The petition alleged that non-therapeutic circumcision adversely affects a child’s physical, emotional and cognitive health. 

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