Recently, Kerala High Court rejected a petition filed by Non-regional citizen seeking to declare non-therapeutic circumcision as illegal. A division bench of Chief Justice S Manikumar and Justice Murali Purushothaman noted that the petitioners filed the petition on the bases of a news article they found in the Newspaper and such a writ petition was not maintainable.

“Giving due consideration to the material on record, we are also of the view that the petitioners have not substantiated their case. The Court is not a law-making body.”

“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 petition said. 

In its petition, they mention the practice of circumcision as Cruel and Immoral. They further mentioned that such activities violate the human rights of a child who is a victim. 

“A child shall have the right to believe or not believe in any particular religion and to follow or not to follow a particular practice or ritual. The practice of circumcision is compelled to be done on the children, not as their choice, but as they are being compelled to be followed only because of the unilateral decision taken by the parents,” it was argued.

 It also cited the impact of trauma caused at a young age that could later affect the cognitive development of the child, as a reason to put an end to the practice.

The petitioners had sought for a declaration from the court that the practice of circumcision would amount to a cognizable and non bailable offence. It had also prayed for a direction in the nature of a "recommendation or suggestion or judicial advice" to the State for enactment of a law to prohibit the practice of circumcision on children.

However, the court was of view that the petition was not maintainable. 

Case Title: Non-Religious Citizens (N.R.C) V Union Of India