A landmark legal moment is unfolding in India, and the Asia Network to End FGM/C is watching closely, because what happens in that courtroom will matter far beyond it. After more than seven years of procedural delays, India's nine-judge Constitution Bench of the Supreme Court has begun its final hearings on a petition that could redefine the legal status of Female Genital Mutilation/Cutting (FGM/C)1 in the country. Filed in 2017 by lawyer Sunita Tiwari, the Public Interest Litigation seeks to declare FGM/C as unconstitutional, direct the government to enact specific anti-FGM/C legislation, and ensure prosecution under existing criminal provisions. The case has been clustered with a broader set of constitutional questions on religious freedom, including women's entry into the Sabarimala Temple and mosques, meaning that FGM/C in India is now being examined primarily through the lens of Articles 25 and 26 of the Constitution: the right to religious freedom.
This framing matters. And it should concern everyone working on FGM/C across Asia.
One of the crucial voices before that bench is Asia Network to End FGM/C member Masooma Ranalvi - survivor, activist, and founder of WeSpeakOut. Masooma filed an intervention petition to ensure that survivor voices were not absent from what is, at its core, a case about their bodies. As she has said: "As survivors and as an organisation working on this issue every day, it was important that our voices were heard. In a sense, we didn't really have a choice; we had to be present and represent those most affected by the practice."2
Masooma's journey to this moment spans decades. She was cut at seven years old, taken under the pretence of an ice cream trip. For years, she had no language for what had happened. It was only after reading a media report about FGM/C in Africa that she began connecting the dots and that recognition was met first with denial, then with a reckoning. In 2015, she wrote publicly about her experience and WeSpeakOut was born from that breach of silence and has since become a significant survivor-led organisation in the country and region. 2015 marked a broader shift in the community’s public engagement on FGM/C in India. Seventeen women from the community took a major initiative to publicly sign a petition to abandon the practice of FGM/C and sending it to the government, which in the span of two days had more than 2,600 signatures when it was placed online. Founded by five women coming together to build a collective platform to challenge the practice, Sahiyo, an Asia Network To End FGM/C member, was also established as the first NGO solely focused on ending FGM/C among Dawoodi Bohra and other Asian communities in India.
The evidence that WeSpeakOut, Sahiyo and anti-FGM/C advocacy organisations in India have built is clear. A 2017 study3 published by Sahiyo, surveying 385 women documents that 98% of respondents reported immediate pain after cutting and 87% reported negative impacts on their sexual lives. A 2018 study commissioned by WeSpeakOut4 further corroborated these findings revealing that 81 out of the 83 women that they surveyed had undergone khatna, with 97% recalling it as painful and nearly 35% reporting effects on their sexual lives5. Yet the Indian government responded in 20176 by claiming there was no official data confirming the existence of FGM/C, a position that is, as Masooma rightly notes, circular: there is no specific offence of FGM/C in Indian criminal law, making it structurally impossible for data systems to record it. Policy silence produces evidentiary silence, and then evidentiary silence is used to justify policy inaction.
That cycle has costs. In Masooma's words: "What has happened in the interim? Hundreds of girls have been cut because the practice continues, unabated."7
Before the court, the primary defence is that khatna is a religious right, a protected practice, not a harm. This is precisely the framing that requires pushback. As Masooma and others have consistently argued, FGM/C predates Islam and has been documented across cultures, communities, and faiths globally; its roots are sociocultural, not strictly religious2. Several Muslim-majority countries, including Egypt8 and Indonesia9, have introduced legal measures restricting incidents of FGM/C, directly challenging claims that it is integral to Islam5. The religious freedom defence does not hold on its own terms. And accepting it as the governing frame risks something more corrosive: it shifts the burden of proof away from the violation and onto the survivor. Once harm is made contingent on whether a practice is 'essential' to religion, the question is no longer whether a rights violation has occurred; it is whether well-meaning but misinterpreted beliefs can justify it.
The implications of this case extend well beyond India. In Sri Lanka, Malaysia, Singapore, Pakistan, Bangladesh, and across the region, FGM/C is practised in contexts where it is similarly framed as a religious obligation, cultural tradition, or both. Legal and policy frameworks, and public education campaigns, remain absent or inadequate across these countries. As the Asia Network to End FGM/C and UNICEF has documented, FGM/C remains prevalent in the Asian region10, with 80 million women and girls affected11, yet it remains largely unrecognised by governments and outside the scope of global FGM/C programmes, despite growing evidence of its consequences for women's health, agency, and wellbeing. What India's Supreme Court decides will set a precedent, not only in law, but in the legitimacy it accords to survivor testimony, to public health evidence, and to the principle that bodily integrity is not negotiable.
Survivors and activist groups from the community like Masooma, WeSpeakOut and Sahiyo have spent years doing the difficult work of building evidence, holding space for survivor communities, and forcing this issue into spaces that would rather look away. The Asia Network to End FGM/C recognises that work, stands in solidarity with it, and calls on governments, civil society, and health institutions across the region to pay attention to what is unfolding in New Delhi.
Every girl and woman who has been subjected to FGM/C, and then told it was for her own good, is owed more than a constitutional debate about religious freedom. She is owed an unambiguous verdict: that what was done to her was wrong, and that it will not be done to the girls who come after her.
In Solidarity,
Asia Network to End FGM/C.
Organisations:
- Asian-Pacific Resource & Research Centre for Women (ARROW)
- End Female Genital Cutting Singapore
- Equality Now
- Sahiyo
- Sisterhood Initative
- Orchid Project
- Women's Action Network Sri Lanka
Individuals:
- Aarefa Johari, Journalist, Co-Founder (Sahiyo) and National Coordinator (India), Asia Network to End FGM/C
- Anjali Shenoi, Programme Manager, Asian-Pacific Resource & Research Centre for Women (ARROW)
- Aysha Hussain Shihab, Vice Chairperson (Hope for Women, Maldives), and Advisory Board Member, Asia Network to End FGM/C
- Cadar Basha Shaifun, Researcher, Women's Action Network (WAN), Activist and Community Advocate
- Dr. Chandni Shiyal, Researcher, Administrative Manager (Sahiyo) and Advisory Board Member (India), Asia Network to End FGM/C
- Dr. Hannah Nazri, ObGyn Doctor, Academic, and Advisory Board Member and National Coordinator (Malaysia), Asia Network to End FGM/C
- Dr. Nadirah Babji, Medical Doctor, Malaysia
- Fatima Pir Tillah Allian, National Coordinator (Philippines), Nisa Ul-Haqq Fi Bangsamoro
- Huda Syyed, PhD, National Coordinator (Pakistan), Asia Network to End FGM/C; Founder, Sahara Sisters Collective; Academician and GBV and Policy Researcher
- Ihsan Ali Khosa, PHRO (Sindh), Pakistan
- Nabeela Iqbal, Founder and Co-Director (Sisterhood Initiative) and National Coordinator (Sri Lanka), Asia Network to End FGM/C
- Phyu Nwe Win, Project Lead, Associate of Karenni Policy Support, Myanmar
- Qamar Naseem, Programme Manager, Blue Veins
- Sabir Ali, National Coordinator (Pakistan), Asia Network to End FGM/C
- Safiya Riyaz, Programme Officer, Asian-Pacific Resource & Research Centre for Women (ARROW)
- Saza Faradilla, Co-Founder, End Female Genital Cutting Singapore
- Sharmilah Rajendran, Programme Officer, Asian-Pacific Resource & Research Centre for Women (ARROW)
- Shreen Saroor, Founder, Mannar Women's Development Federation and Co-Founder, Women's Action Network
Endnotes:
- This article uses the broad term “female genital mutilation/cutting” to refer to all procedures involving partial or total removal of the female external genitalia or other injuries to the female genital organs for non-medical reasons. There are many terms used to describe this practice in different countries in South and South East Asia, including ‘khatna,’ ‘female circumcision,’ ‘female genital cutting,’ ‘sunat,’ ‘sunat perempuan,’ ‘khitna,’ and many other terms or acronyms depending on the specific local context involved. The term FGM/C, as used in this article, is intended to be inclusive of all such terms.
- The News Minute. (2026). FGM case reaches Supreme Court's nine-judge Constitution bench after 7 years of procedural delays. Available at: https://www.thenewsminute.com/news/supreme-court-to-hear-female-genital-mutilation-case-after-7-years-of-legal-limbo
- Anantnarayan, L., Diler, S., & Menon, N. (2018). The clitoral hood: A contested site. Khafd or female genital mutilation/cutting (FGM/C) in India. WeSpeakOut & Nari Samata Manch. https://www.fgmcri.org/media/uploads/Academic%20Papers/anantnarayan_india_2018.pdf
- Sahiyo (2017). Understanding Female Genital Cutting in the Dawoodi Bohra Community: An Exploratory Survey. Available at: https://sahiyo.org/wp-content/uploads/2025/08/sahiyo_report_final-5.21.19-1.pdf
- The Print. (2026). Bohra Muslim women are fighting against FGM anonymously—they fear community boycott. Retrieved from: https://theprint.in/the-fineprint/bohra-muslim-women-female-genital-mutilation-supreme-court/2905410/
- Reuters (2017). No evidence of FGM, India government tells court, appalling activists. Available at: https://www.reuters.com/article/world/no-evidence-of-fgm-india-government-tells-court-appalling-activists-idUSKBN1EN0QA/
- The Quint. (2026). Is the Supreme Court Asking the Right Questions About FGM?. Available at: https://www.thequint.com/gender/fgm-matter-is-supreme-court-asking-right-questions
- Human Rights Watch. (2016). Egypt: New Penalties for Female Genital Mutilation. Available at: https://www.hrw.org/news/2016/09/09/egypt-new-penalties-female-genital-mutilation
- UNFPA Indonesia (2026). One Decade of Indonesia Efforts to Eliminate FGM/C. Retrieved from: https://indonesia.unfpa.org/en/news/one-decade-indonesia-efforts-eliminate-fgmc
- https://endfgmcasia.org/fgm-c-in-asia.html








