Non-therapeutic circumcision on children is deemed a violation of fundamental rights under Article 21, but the court refrains from engaging in law-making and dismisses the petition for lack of substantial evidence.

JUDGMENT

S. Manikumar, CJ

Claiming to be a registered cultural organisation and social activists in Kerala, instant writ petition is filed by the petitioners, being aggrieved circumcision by the practice of against children. The reliefs sought for are as under:

(i) To declare that the practice of non-therapeutic circumcision on children is violation of children's rights, and illegal;

(ii) To declare that the practice of non-therapeutic on children is a cognizable and non-bailable offence;

(iii) Issue a direction in the nature of recommendation or judicial advice or as a reminder call to respondents 1 to 4, pointing out the necessity and urgency of a legislation, prohibiting the practice of male circumcision:

(iv) Direct the 5^th respondent to register a crime against the persons who does any acts towards circumcision on children, or attempts, or abets to do such things:

(v) Issue an appropriate writ to the 2^nd respondent to consider and take a decision on Exhibit-P7 representation, seeking legislation, banning the practice on children, preferred by the 6^th respondent:

2. Brief facts leading to the filing of the instant writ petition are that, petitioners invite the attention of this Court to an issue of blatant violation of fundamental rights of the children. According to the circumcision petitioners, practice of is a human rights violation against children. The first petitioner is a registered cultural organization in Kerala, which stands for rationalism, humanism, scientific temper and the spirit of enquiry and reform.

3. Petitioners have further stated that the United Nations Convention on the Rights of the Child, 1989 and International Covenant on Civil and Political Rights adopted by the General Assembly of U.N., to which India is a member and signatory, by virtue of its provisions emphasis that all children have the right to live in a secure, loving environment, free from any forms of harm, assaults, abuse and discrimination. Petitioners have also stated that one of the legislative intentions of the International conventions is to create an atmosphere of independent and individual growth and development, mentally and physically, of a child, untrammeled by any external force like religion, traditional practice, interests of the parents etc. circumcision

4. Petitioners have further stated that is the surgical removal of foreskin, which is the tissue that covers the head (glans) of the penis. Today, many parents have their sons circumcised for religious and other reasons. Circumcision is performed usually on the first or second day after birth. The procedure is very complicated and risky in the case of children. The men may be given medicine to sleep during the procedure, but not in the case of children.

circumcision

5. Petitioners have further stated that leads to several health problems like trauma. Traumatic events are marked by a sense of horror, helplessness, serious injury, or the threat of serious injury or death . Traumatic events include sexual abuse, physical abuse, domestic violence, community and school violence, medical trauma, motor vehicle accidents etc. Trauma in early childhood can result in disrupted attachment, cognitive delays, and impaired emotional regulation. Apart from that, there are other risks/complications associated with circumcision , viz., bleeding, penile infection, irritation of the exposed tip of the penis, etc.

6. Relevant portions of Exhibit-P2 International Covenant on Civil and Political Rights , relied on by the petitioners, are reproduced hereunder:

“Article 2 . 1- Each State Party to the present Cove