Debdatta Mukhopadhyay Devpriya Banerjee

DEBDATTA MUKHOPADHYAY
DEVPRIYA BANERJEE
1st CONSTITUTIONAL LAW MEMORIAL WRITING

COMPETITION
2018
BEFORE
THE HON'BLE SUPREME COURT OF INDIA
DISPUTE RELATING TO
FEMALE GENITAL MUTILATION
SUBMITTED ON BEHALF OF
PETITIONER
1
1st CONSTITUTIONAL LAW MEMORIAL WRITING COMPETITION
MEMORIAL on behalf of the PLAINTIFF
1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

TABLE OF CONTENTS PAGE

NO.
INDEX OF AUTHORITIES .................................1
STATEMENT OF JURISDICTION .....................2-3
STATEMENT OF FACTS.....................................3-4
STATEMENT OF ISSUES ....................................4-5
SUMMARY OF ARGUMENTS ..............................5-6
ARGUMENTS ADVANCED .......................................................................................................................... 7-
………………………………………………………………………………………………………………18
PRAYER ................................................................................................................................................. - 18
2.
1st CONSTITUTIONAL LAW MEMORIAL WRITING COMPETITION
INDEX OF AUTHORITIES
1. Sunita Tiwari v. Union of India and ors.
RULES AND STATUTES
1. Protection of Children from Sexual Offences Act ,2012 (POCSO)

2. Indian Penal Code ( Act 45 of 1860)
3. The Universal Declaration Of Human Rights
4. Integrated Child Protection Scheme, 2009
5. National Policy of Children
6. The Convention on the Rights of the Child (CRC)
7. The International Covenant on Civil and Political Rights (ICCPR)
1.

ST
1 CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT
STATEMENT OF JURISDICTION
The Petitioner in the instant case, humbly submits the present dispute and its plaint to the
Original Jurisdiction of the Hon’ble Supreme Court of India , Stating the violations of
fundamental rights namely Article 14 , Article 15, Article 21, Article 25 granted to its
citizens by the constitution of India.
ARTICLE 14
Equality before law The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth 1
ARTICLE 15
1) The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of
them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly
or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for
women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making
any special provision for the advancement of any socially and educationally backward classes
of citizens or for the Scheduled Castes and the Scheduled Tribes
ARTICLE 21
Protection of life and personal liberty No person shall be deprived of his life or personal
liberty except according to procedure established by law
ARTICLE 25
25. Freedom of conscience and free profession, practice and propagation of religion
1 2.
(1) Subject to public order, morality and health and to the other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess, practise
and propagate religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the State
from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which
may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus Explanation I The
wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh
religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as
including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the
reference to Hindu religious institutions shall be construed accordingly
STATEMENT OF FACTS
BACKGROUND
. Mr. Yousuf, aged 38, is a recently appointed Senior Counsel in the Supreme Court of India.
In the year 2011, he tied knots with his childhood friend Ms. Shanaya who is a human rights
activist, and has been vocal about many women-centric issues plaguing the society. Although,
the couple had settled in New Delhi, both of them belonged to the 'Dawoodi Bohra
Community of India', having their respective ancestral properties in village Pahal, an area
populated by the members of the afore-mentioned community. In the year 2012, the couple
were blessed with a baby girl, named Fathima
DISPUTE
3.

ST
Mr. Yousuf faced pressure from his community members to perform 'Female Genital
Mutilation' [FGM] on Fatima. Mr. Yousuf and Ms. Shanaya, were notat all inclined towards
the idea and refused to do any such act. This enraged the community members who
excommunicated the entire family from their village. It was also to the extent that, when Ms.
Shanaya's father expired, the community members did not allow his body to buried in the
cremation ground of the village. The couple were thus compelled to dispose of their
respective properties and leave the village forever.
THE SUIT
The Hon’ble Supreme Court of India was moved by way of Public Interest Litigati on
STATEMENT OF ISSUES
The following issues arrive for consideration in the present matter on which the counsel
submits arguments:
[1] Whether the Public Interest Litigation that has been filed is at all maintainable against the act
of Female Genital Mutilation or not?
[2] Whether the practise of Female genital mutilation is violating the fundamental right of
equality mentioned in article 14 granted by the Constitution of India ?
[3] Whether the practise of Female genital mutilation is discriminatory on the grounds of
race, caste, sex or place of birth?
[4] Whether the practise of Female genital mutilation is a subject to restriction to the rights of
women?
[5] Whether the practise of Female Genital Mutilation is an offence prohibited under the
POSCO Act 2012?
[6] Whether the practise of Female genital mutilation is an offence prohibited under The
Indian Penal Code? 4.
[7] Whether the practise of Female genital mutilation violates universal declaration of human
rights?
[8] Whether the practise of Female genital mutilation is violating the provisions in the
Integrated Child Protection Scheme, 2009 ?
[9] Whether the practise of Female genital mutilation is violating the provisions in the
National Policy For Children?
[10] Whether the practise of Female genital mutilation is violating The Convention on the
Rights of the Child (CRC)?
[11] Whether the practise of Female genital mutilation is violating The International
Covenant on Civil and Political Rights (ICCPR)?
SUMMARY OF ARGUMENTS
[1] WHETHER THE PRACTISE OF FEMALE GENITAL MUTILATION IS VIOLATING

THE FUNDAMENTAL RIGHT IN ARTICLE 14 AS GUARANTEED UNDER THE
CONSTITUTION OF INDIA?
It is pleaded that right as guaranteed by Article 14 in the Indian Constitution is violated as
there involves discrimination on the grounds of sex , caste and race. The practise of female
genital mutilation which is a 1400 year old custom being followed by the Dawoodi Bohra
Community undoubtedly violates or is rather discriminatory in nature to the women of the
above mentioned community.
[2]Whether the practise of Female genital mutilation is a subject to restriction to the rights of
women?
It is pleaded that the practise of female genital mutilation poses a restriction on the rights on
the rights of women on the ground that it is compulsory in nature .

ST
[3]Whether the practise of Female Genital Mutilation is an offence prohibited under the
POSCO Act 2012? 5.
It is pleaded that the practise of female genital mutilation is an offence under the sections
namely 3 and 5 , 9 and 19 .
[4]Whether the practise of Female genital mutilation violates universal declaration of human
rights( 1948)?
It is pleaded that the practise of female genital mutilation violates article 2, 1and 3, 5 of the
universal declaration of human rights to which India is a signatory .
[5]Wether the practise of Female genital mutilation is an offence prohibited under The Indian
Penal Code?
It is pleaded that the practise of female genital mutilation is an offence under sections namely
320 ,323 ,324 ,325 of the Indian penal code .
[6]Whether the practise of Female genital mutilation is violating the convention on the
elimination of all forms of discrimination against women , 1979 (CEDAW)?
It is pleaded that the practise of female genital mutilation violates article 1 of the CEDAW to
which India is a signatory .
[7]Whether the practise of Female genital mutilation is violating International Covenant on

Economic Social and Cultural rights(ICESCR) ?
It is pleaded that the practise of female genital mutilation violates the preamble , articles 3
and 12 .
It is pleaded that the practise of female genital mutilation violates Articles 5, 3,19,24(3)of the
CRC .
[9] Whether the practise of Female genital mutilation is violating The International Covenant
on Civil and Political Rights (ICCPR)?
It is pleaded that the practise of female genital mutilation violates the preamble and Articles
2, 7and 17 ,9 (1) and 24 6.

ARGUMENTS ADVANCED
[1] WHETHER THE PRACTISE OF FEMALE GENITAL MUTILATION IS

VIOLATING THE FUNDAMENTAL RIGHT IN ARTICLE 14 AS GUARANTEED
UNDER THE CONSTITUTION OF INDIA?
It’s pleaded that the practise of female genital mutilation is violating of article 14 guaranteed
by the Constitution of India .
Article 14 of the constitution of India , 1949 states
. Equality before law The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth 2
The practise of female genital mutilation is clearly violating the Article 14 of Indian
Constitution 1949 . Female Genital Mutilation which is an age old custom being followed by
the Dawoodi Bohra community which is inflicted on girls of age the above mentioned
community of the age group 5 to 7. Since it is only inflicted on the Muslim girls , more
specifically the Shia Muslims hence clearly making discrimination on the basis of religion and
Sex .
As stated in the case of Sunita Tiwari v. Union of India and ors.
[2] Whether the practise of Female genital mutilation is a subject to restriction to the rights of
women?
[3] Whether the practise of Female Genital Mutilation is an offence prohibited under the
POCSO Act 2012?
It is pleaded that the practise of female genital mutilation is an offence under the sections
namely 3 and 5 , 9 and 19 .
2
According to section 3:- Penetrative sexual assault.-
A person is said to commit "penetrative sexual assault" if-

a. he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do
so with him or any other person; or
b. he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus
of the child or makes the child to do so with him or any other person; or
c. he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any
part of body of the child or makes the child to do so with him or any other person; or
d. he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or
any other person.3
For the easement of intercourse according to sub section c the female reproductive parts of the
girl child are often mutilated hence violating section 3 of POSCO Act.
According to section 5:- Aggravated penetrative sexual assault.-

a. Whoever, being a police officer, commits penetrative sexual assault on a child-
i. within the limits of the police station or premises at which he is appointed; or
ii. in the premises of any station house, whether or not situated in the police station, to which he is
appointed; or
iii. in the course of his duties or otherwise; or
iv. where he is known as, or identified as, a police officer; or
b. whoever being a member of the armed forces or security forces commits penetrative sexual assault on a child-
i. within the limits of the area to which the person is deployed; or
ii. in any areas under the command of the forces or armed forces; or
iii. in the course of his duties or otherwise; or
iv. where the said person is known or identified as a member of the security or armed forces; or
c. whoever being a public servant commits penetrative sexual assault on a child; or

d. whoever being on the management or on the staff of a jail, remand home, protection home, observation home, or
other place of custody or care and protection established by or under any law for the time being in force,
commits penetrative sexual assault on a child, being inmate of such jail, remand home, protection home,
observation home, or other place of custody or care and protection; or
e. whoever being on the management or staff of a hospital, whether Government or private, commits penetrative
sexual assault on a child in that hospital; or
f. whoever being on the management or staff of an educational institution or religious institution, commits
penetrative sexual assault on a child in that institution; or
g. whoever commits gang penetrative sexual assault on a child.
Explanation.- When a child is subjected to sexual assault by one or more persons of a group in furtherance of
their common intention, each of such persons shall be deemed to have committed gang penetrative sexual assault
3 http://www.advocatekhoj.com/library/bareacts/childrenprotection/3.php?Title=Protection%20of%20Children
%20from%20Sexual%20Offences%20Act,%202012&STitle=Penetrative%20sexual%20assault 7.

within the meaning of this clause and each of such person shall be liable for that act in the same manner as if it
were done by him alone; or
h. whoever commits penetrative sexual assault on a child using deadly weapons, fire, heated substance or corrosive
substance; or
i. whoever commits penetrative sexual assault causing grievous hurt or causing bodily harm and injury or injury to
the sexual organs of the child; or
j. whoever commits penetrative sexual assault on a child, which-
i. physically incapacitates the child or causes the child to become mentally ill as defined under clause (l)
of section 2 of the Mental Health Act, 1987 or causes impairment of any kind so as to render the
child unable to perform regular tasks, temporarily or permanently; or
ii. in the case of female child, makes the child pregnant as a consequence of sexual assault;
iii. inflicts the child with Human Immunodeficiency Virus or any other life threatening disease or
infection which may either temporarily or permanently impair the child by rendering him
physically incapacitated, or mentally ill to perform regular tasks; or
k. whoever, taking advantage of a child's mental or physical disability, commits penetrative sexual assault on the
child; or
l. whoever commits penetrative sexual assault on the child more than once or repeatedly; or
m. whoever commits penetrative sexual assault on a child below twelve years; or
n. whoever being a relative of the child through blood or adoption or marriage or guardianship or in foster care or
having a domestic relationship with a parent of the child or who is living in the same or shared household with
the child, commits penetrative sexual assault on such child; or
o. whoever being, in the ownership, or management, or staff, of any institution providing services to the child,
commits penetrative sexual assault on the child; or
p. whoever being in a position of trust or authority of a child commits penetrative sexual assault on the child in an
institution or home of the child or anywhere else; or
q. whoever commits penetrative sexual assault on a child knowing the child is pregnant; or
r. whoever commits penetrative sexual assault on a child and attempts to murder the child; or 8.
s. whoever commits penetrative sexual assault on a child in the course of communal or sectarian violence; or
t. whoever commits penetrative sexual assault on a child and who has been previously convicted of having
committed any offence under this Act or any sexual offence punishable under any other law for the time being in
force; or
u. whoever commits penetrative sexual assault on a child and makes the child to strip or parade naked in public, is
said to commit aggravated penetrative sexual assault. 4
According to section 5 (h),(k),(m) for FGM heated deadly weapons are used, examples include knives and blades
often the girl child mental trauma who is often found out to be below the age of 12 therefore clearly violating
Article 5 of the POCSO Act , 2012.
According to section 9:-Reporting of offences.-
%20from%20Sexual%20Offences%20Act,%202012&STitle=Aggravated%20penetrative%20sexual%20assault
9.
1. "Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any person (including the child),
who has apprehension that an offence under this Act is likely to be committed or has knowledge that such an
offence has been committed, he shall provide such information to,-
a. the Special Juvenile Police Unit, or
b. the local police.
2. Every report given under sub-section (1) shall be-

a. ascribed an entry number and recorded in writing;
b. be read over to the informant;
c. shall be entered in a book to be kept by the Police Unit.
3. Where the report under sub-section (1) is given by a child, the same shall be recorded under sub-section (2) in a
simple language so that the child understands contents being recorded.
4. In case contents are being recorded in the language not understood by the child or wherever it is deemed
necessary, a translator or an interpreter, having such qualifications, experience and on payment of such fees as
may be prescribed, shall be provided to the child if he fails to understand the same.
5. Where the Special Juvenile Police Unit or local police is satisfied that the child against whom an offence has
been committed is in need of care and protection, then, it shall, after recording the reasons in writing, make
immediate arrangement to give him such care and protection (including admitting the child into shelter home or
to the nearest hospital) within twenty-four hours of the report, as may be prescribed.
6. The Special Juvenile Police Unit or local police shall, without unnecessary delay but within a period of twenty-
four hours, report the matter to the Child Welfare Committee and the Special Court or where no Special Court
has been designated, to the Court of Session, including need of the child for care and protection and steps taken
in this regard.
7. No person shall incur any liability, whether civil or criminal, for giving the information in pond faith for the
purpose of sub-section (1)5
FGM practised by the Dawoodi Bohra Community violates Article 19 of the Posco Act 2012 as it is a crime inflicted
upon female children of the age of 5 to 7 years.
[4]Whether the practise of Female genital mutilation violates universal declaration of human
rights( 1948)?
It is pleaded that the practise of female genital mutilation violates article 2, 1and 3, 5 of the
universal declaration of human rights to which India is a signatory .
Article 1.
All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
%20from%20Sexual%20Offences%20Act,%202012&STitle=Reporting%20of%20offences 11.

Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.6
The aforesaid articles are a clear indication that the practise of female genital mutilation are
violating the articles of the universal declaration of human rights to which India is a signatory
and it was signed on the date of December 10 , 1948.
[6] Whether the practise of Female genital mutilation is an offence prohibited under The
Indian Penal Code?
The practise of the Female Genital Mutilation is an offence under the following sections of the
Indian Penal Code .
Section 320 of the Indian penal code states:
320. Grievous hurt.—The following kinds of hurt only are designated as “grievous”:—
(First) — Emasculation.
(Secondly) —Permanent privation of the sight of either eye.
(Thirdly) — Permanent privation of the hearing of either ear,
(Fourthly) —Privation of any member or joint.
6 http://www.un.org/en/universal-declaration-human-rights/ 12.
(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.

(Sixthly) — Permanent disfiguration of the head or face.
(Seventhly) —Fracture or dislocation of a bone or tooth.
(Eighthly) —Any hurt which endangers life or which causes the sufferer to be during the
space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
Section 324 of the Indian penal code states :

324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case
provided for by section 334, voluntarily causes hurt by means of any instrument for shooting,
stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause
death, or by means of fire or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance or by means of any substance
which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or
by means of any animal, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
Section 325 of the Indian penal code states :
25. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided
for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.
The above mentioned sections make the practise of Female Genital mutilation an offence as
the Dawoodi Bohra community requires the clitoral hood of seven year old girls to be cut. It
is an age old custom or rather a ritual , the the process is done using harmful and dangerous
weapons like knives ,blades etc. 7
As stated in the case of Sunita Tiwari v. Union of India
The practise of female Genital mutilation causes “permanent disfiguration to the body of a girl
child “ , The plea said .
[7]Whether the practise of Female genital mutilation is violating the convention on the
elimination of all forms of discrimination against women , 1979 (CEDAW)?
It is pleaded that the practise of female genital mutilation violates article 1 of the CEDAW to
which India is a signatory .
ARTICLE 1 of CEDAW defines
discrimination against women as “any
distinction, exclusion or restriction
made on the basis of sex which has

7 https://indiankanoon.org/doc/1133601/ 13.

the effect or purpose of impairing or
nullifying the recognition, enjoyment or
exercise by women, irrespective of their
marital status, on a basis of equality of
men and women, of human rights and
fundamental freedoms in the political,
economic, social, cultural, civil and
other field”8
Female genital Mutilation or Female circumsion involves eliminating the clitoral hood of
seven year old age girls predominantly in the Dawoodi Bohra Community , it causes grievous
hurt and tremendous mental trauma to the girls thus violating Article 1 mentioned above .
[8]Whether the practise of Female genital mutilation is violating International Covenant on

Economic Social and Cultural rights(ICESCR) ?
It is pleaded that the practise of female genital mutilation violates the preamble , articles 3 and
12 .
PREAMBLE
Part I (Articles 1-15): The right to self determination and the general
obligations of State parties
Part II (Articles 16-23): Outlines state obligations and international
implementation mechanisms
8 https://unwomen.org.au/wp-content/uploads/2015/11/CEDAW-Factsheet.pdf 14.
article 3
Right of men and women to the equal enjoyment
of ESCR rights
article 12
Right to health
Thus the practise of FGM is violative of the above mentioned articles of ICESR
It is pleaded that the practise of female genital mutilation violates Articles 3,5,19,24of the
CRC .
According to Article 3 (Best interests of the child): The best interests of children must be the
primary concern in making decisions that may affect them. All adults should do what is best
for children. When adults make decisions, they should think about how their decisions will
affect children. This particularly applies to budget, policy and law makers.
In the Dawoodi Bohra Community the elders or the parents have no idea how their decisions
and superstitions affect their future generations since mutilating these young girls open up a
pathway of deadly and infectious diseases or permanently damaging the reproductory organs
.They clearly don’t care about the future of these young girls and evidently don’t make
decisions or do what is best for the children of their community.
According to Article 5 (Parental guidance): Governments should respect the rights and
responsibilities of families to direct and guide their children so that, as they grow, they learn
to use their rights properly. Helping children to understand their rights does not mean pushing

them to make choices with consequences that they are too young to handle. Article 5
encourages parents to deal with rights issues "in a manner consistent with the evolving
capacities of the child". The Convention does not take responsibility for children away
from 15.
their parents and give more authority to governments. It does place on governments the
responsibility to protect and assist families in fulfilling their essential role as nurturers of
children.
Article 5 of CRC encourages parents to deal with the right issue in a manner that is
consistent with the evolving capacity of the children hence the matter of FGM is clearly a
violation of the aforesaid article since the young children forcefully pushed to make choices
with consequences that they are too young to handle.
According to Article 19 (Protection from all forms of violence): Children have the right to be
protected from being hurt and mistreated, physically or mentally. Governments should ensure
that children are properly cared for and protect them from violence, abuse and neglect by
their parents, or anyone else who looks after them. In terms of discipline, the Convention
does not specify what forms of punishment parents should use. However any form of
discipline involving violence is unacceptable. There are ways to discipline children that are
effective in helping children learn about family and social expectations for their behaviour –
ones that are non-violent, are appropriate to the child's level of development and take
the best
interests of the child into consideration. In most countries, laws already define what sorts of
punishments are considered excessive or abusive. It is up to each government to review these

laws in light of the Convention.
The practise of Female Genital Mutilation not only causes the girl child immense hurt but
also exposes the child to mental and physical health hazards. Hence we can say FGM clearly
violates section 19 of CRC. 16.
According to Article 24 (Health and health services): Children have the right to good quality
health care – the best health care possible – to safe drinking water, nutritious food, a clean
and safe environment, and information to help them stay healthy. Rich countries should help
poorer countries achieve this.
The practise of Female Genital Mutilation provides the worst kind of health care to young
girls. They are mutilated by people who have very little or no knowledge of the human body
and clearly have no idea about the outcomes of such mutilations as a result the young girls
are exposed to various deadly and infectious diseases. To add to such heinous actions the
little girls are mutilated with heated blades or knives which acts like a catalyst to more such
diseases.Hence the practise of FGM violates article 24 of CRC.
[9] Whether the practise of Female genital mutilation is violating The International Covenant
on Civil and Political Rights (ICCPR)?
It is pleaded that the practise of female genital mutilation violates the preamble and Articles
2, 7and 17 and 24
According to Article 7. No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected without his free consent to
medical or scientific experimentation.
The practise of Female Genital Mutilation exposes the girl child to a cruel torture against her
free consent . Hence it violates article 7 of ICCPR.


According to Article 17. 1. No one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and
reputation.
Since the practise of Female Genital Mutilation is an unlawful interference with the privacy
17
of the girl child and to some extent also an unlawful attack on her honour hence it is a clear
violation of article 17 of ICCPR.According to Article 24. 1. Every child shall have, without
any discrimination as to race,
colour, sex, language, religion, national or social origin, property or birth, the right to such
measures of protection as are required by his status as a minor, on the part of his family,
society and the State. 2. Every child shall be registered immediately after birth and shall have
a name. 3. Every child has the right to acquire a nationality.
In clause 1 , of Article 24 of ICCPR , it is said that:- Every child shall have, without any
discrimination as to race, colour, sex, language, religion, national or social origin, property or
birth, the right to such measures of protection as are required by his status as a minor, on the
part of his family, society and the State.Hence the child has to be provided with protection as
required by her status as a minor without any discrimination on the basis of religion,sex, race
,social origin etc which is clearly not being provided in case of female genital
mutilation.Hence the practise of FGM is a violation of article 24 of ICCPR.
PRAYER-wherefore in the light of the facts presented,issues raised ,arguments advanced and
authority cited it is humbly prayed that this honourable court maybe pleased to hold,adjudge
and declare that-
1)the practise of female genital mutilation is violating the fundamental rights of women.
2) the practise of FGM causes mental trauma and permanent disfiguration in the body of the
girl child.
3) The practise of FGM violates the human right of women
4) The practise of FGM an offence and abolishing the practise thereby.
All of which is humbly prayed.
Sd/- Counsel for the
PLAINT
18.

Debdatta Mukhopadhyay Devpriya Banerjee

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DEBDATTA MUKHOPADHYAY

1st CONSTITUTIONAL LAW MEMORIAL WRITING

THE HON'BLE SUPREME COURT OF INDIA

FEMALE GENITAL MUTILATION

1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

TABLE OF CONTENTS PAGE

1. Sunita Tiwari v. Union of India and ors.

RULES AND STATUTES

1. Protection of Children from Sexual Offences Act ,2012 (POCSO)

MEMORIAL on behalf of the PLAINTIFF

were blessed with a baby girl, named Fathima

MEMORIAL on behalf of the PLAINTIFF

respective properties and leave the village forever.

[1] WHETHER THE PRACTISE OF FEMALE GENITAL MUTILATION IS VIOLATING

MEMORIAL on behalf of the PLAINTIFF

[7]Whether the practise of Female genital mutilation is violating International Covenant on

1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

[1] WHETHER THE PRACTISE OF FEMALE GENITAL MUTILATION IS

According to section 3:- Penetrative sexual assault.-

A person is said to commit "penetrative sexual assault" if-

According to section 5:- Aggravated penetrative sexual assault.-

iii. in the course of his duties or otherwise; or

iv. where he is known as, or identified as, a police officer; or

iii. in the course of his duties or otherwise; or

c. whoever being a public servant commits penetrative sexual assault on a child; or

1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

According to section 9:-Reporting of offences.-

b. the local police.

2. Every report given under sub-section (1) shall be-

b. be read over to the informant;

c. shall be entered in a book to be kept by the Police Unit.

1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

Everyone has the right to life, liberty and security of person.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

Section 320 of the Indian penal code states:

(Fifthly) — Destruction or permanent impairing of the powers of any member or joint.

Section 324 of the Indian penal code states :

As stated in the case of Sunita Tiwari v. Union of India

ARTICLE 1 of CEDAW defines

discrimination against women as “any

distinction, exclusion or restriction

made on the basis of sex which has

1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

the effect or purpose of impairing or

nullifying the recognition, enjoyment or

exercise by women, irrespective of their

marital status, on a basis of equality of

men and women, of human rights and

fundamental freedoms in the political,

economic, social, cultural, civil and

[8]Whether the practise of Female genital mutilation is violating International Covenant on

obligations of State parties

Part II (Articles 16-23): Outlines state obligations and international

Rights of the Child (CRC)?

decisions or do what is best for the children of their community.

1ST CONSTITUTIONAL LAW MEMORIAL WRITING TOURNAMENT

with consequences that they are too young to handle.

punishments are considered excessive or abusive. It is up to each government to review these

laws in light of the Convention.

violates section 19 of CRC. 16.

poorer countries achieve this.

diseases.Hence the practise of FGM violates article 24 of CRC.

on Civil and Political Rights (ICCPR)?