Kerala HC Dismisses PIL Seeking Ban on Kids' Circumcision, Says Petition Based on Newspaper Reports

The Kerala High Court has dismissed the plea filed by Non-Religious Citizens, a registered cultural organisation, to ban the practice of non-therapeutic circumcision.

A division bench of Chief Justice S. Manikumar and Justice Murali Purushothman said the instant writ petition is not maintainable because it is filed based on the newspaper reports.

Circumcision is the surgical removal of foreskin, which is the tissue that covers the head of male genital.

The plea filed before the bench stated that the practice violates basic human rights of children, who being compelled to follow the process, which also results in bleeding and penile infection.

The United Nations Convention on the Rights of Child 1989 and International Covenant on Civil and Political Rights adopted by the UN General Assembly emphasises that all children have the right to live in a secure, loving environment, free from any forms of harm, assaults, abuse and discrimination.

“The practice of this taboo violates the fundamental right — “right to life” — of the citizens guaranteed under Article 21 of the Constitution of India. If the State Machinery fails in giving protection to the rights of the citizens, as a guardian of the Constitution, the Constitutional courts are bound to interfere in the matter,” the plea mentions.

Beside this, the plea also stated that the rights and freedom of children cannot be surrendered in accordance with the mere religious fanaticism and addictions of the parents. Only after majority, should the child be allowed to choose any religious ritual.

The plea also highlighted the need for directions to frame a law prohibiting the circumcision of children and to declare the practice of non-therapeutic circumcision on children illegal.

The bench heard the plea and arguments and observed that petitioners have relied on newspaper reports. They relied upon the case of Samant N. Balakrishna v. George Femandez and Ors. (1969) and observed that “a newspaper report without any further proof of what had actually happened through witnesses is of no value.”

The bench also referred the case of Holicow Pictures Pvt. Ltd. v. Prem Chandra Mishra and Ors. (2007) where the apex court held that “a petition based on unconfirmed news reports, without verifying their authenticity should not normally be entertained.”

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