Female Genital Mutilation: The Untold Story of India
Uploaded by
IJAR JOURNALFemale Genital Mutilation: The Untold Story of India
Uploaded by
IJAR JOURNALISSN: 2320-5407 Int. J. Adv. Res.
10(05), 523-525
Journal Homepage: -www.journalijar.com
Article DOI:10.21474/IJAR01/14735
DOI URL: http://dx.doi.org/10.21474/IJAR01/14735
RESEARCH ARTICLE
FEMALE GENITAL MUTILATION : THE UNTOLD STORY OF INDIA
K. Rahul Singha
Department of Law, Assam University, Silchar, India.
……………………………………………………………………………………………………....
Manuscript Info Abstract
……………………. ………………………………………………………………
Manuscript History Female Genital Mutilation is a human rights violation that is practised
Received: 15 March 2022 in India. The Bohra community uses it extensively. FGM/C is thought
Final Accepted: 17 April 2022 to be practised for non-medical or cultural reasonsas well as to protect a
Published: May 2022 women virginity before marriage by limiting her enjoyment of
intercourse and to deter her from becoming disloyal to her husband
Key words:-
Female Genital Mutilation/Cutting, after marriage. Hence, FGM/C not only violates the right to life and
Circumcision, Intercourse dignitybut it also clearly violates the right to equality based on gender.
The intent, purpose and impact of male and female circumcision are all
distinct resulting in gender discrimination.Thus, it is pertinent to note
that such cruelty is prevalent in India with female children aged 1 to 15
years being victims of Female Genital Mutilation.
Copy Right, IJAR, 2022,. All rights reserved.
……………………………………………………………………………………………………....
Introduction:-
Female Genital Mutilation is a term used to describe practices that include cutting or hurting the female genitalia for
non-medical or cultural reasons. It is considered as a violation of human rights as well as the health and integrity of
girls and women around the world.Female Khatna or female circumcision has been a common practice in this
society for decades. The Dawoodi Bohra community in India performs it as a religious ritual. There is no established
medical method for it and people of diverse nations and ethnicities execute it in an indecent manner according to
their own customs. Although most societies believe that circumcision can be performed at any point between a girl's
birth and puberty, it has been noticed that it is most commonly performed on girls under the age of five.Despite
international and national efforts to end the practise, FGM/C continues to be practised in various regions of the
globe. FGM/C has been performed on over 200 million girls and women worldwide. Mullanis or semi-religious
women, traditional cutters or any woman with some experience perform it. Some families prefer to visit doctors as
they become increasingly interested in a safe circumcision. Family members are usually involved in FGM/C
decision-making, while the oldest women in the family are normally in charge of the ceremony's practical
arrangements. According to an online survey conducted by Sahiyo, an NGO among Bohra women, 80 percent of the
400 respondents have gone through the khatna process.FGM/C has both immediate and long-term negative impacts
on the victims health and psychological well-being. The extent of the mutilation/cutting is proportional to the injury
sustained. The victim is in excruciating pain because anaesthesia is rarely given during the surgery. Excessive
bleeding, edoema and inflammation in the vaginal area, infection, urinary difficulties but even death are potential
short-term health hazards. Chronic genital infections, recurring urinary tract infections, painful sexual intercourse,
complications during pregnancy, labour and delivery, perinatal risks, and debilitating psychological consequences
such as Post-traumatic Stress Disorder (PTSD) and depression are among the long-term consequences. FGM/C has a
negative impact on the health and development of girls and women.
Corresponding Author:- K. Rahul Singha
Address:- Department of Law, Assam University, Silchar, India. 523
ISSN: 2320-5407 Int. J. Adv. Res. 10(05), 523-525
Types of Female Genital Mutilation:-
FGM is divided into four categories by the World Health Organization:-
Type 1 :- Clitoridectomy is the first type which includes removing the clitoris in part or completely.
Type 2 :- Excision is type two and it entails partial or complete removal of the clitoris and labia minora as well as
excision of the labia majora.
Type 3 :- Infibulationor narrowing of the vaginal entrance by forming a covering sealis the third type. Cutting and
relocating the inner or outer labia with or without clitoris removal, creates the seal.
Type 4:- This category encompasses any additional non-medical treatments that injure the female genital areasuch as
pricking, piercing, incising, scrapingand cauterizing.
Laws relating to FGM/C:-
The Indian Penal Code, 1860, deals with many forms of violence against women in India (IPC). The focus of
criminal law is on punishing the accused or offender of the offence. IPC section319 to 326 deal with various degrees
of harm including severe damage. Excessive bleeding (haemorrhage), genital tissue swelling, wound healing
problems, injury to surrounding genital tissue, shock, and death are all immediate complications of FGM/C,
according to the WHO, while long-term consequences include urinary problems, vaginal problems, menstrual
problems, sexual problems and so on. Persons who engage in FGM/C may be prosecuted under the IPC.
Section 324 and 326 of the IPC, in particular, provide for imprisonment and fines for voluntarily causing hurt and
voluntarily causing grievous hurt. R.K. Raghavan, former Director of the Central Bureau of Investigation (CBI) has
stated that while FGM/C is not specifically an offence under the IPC, the police are required to lodge a case under
Section 326 of the IPC in response to a complaint.
The Protection of Children from Sexual Offenses Act of 2012 (POCSO Act)which covers penetrative sexual assault
by any person on any childdefines it as the insertion of any item into the vagina of the girl, among other things. It is
well established precedent that sexual offences do not require total penetration. In fact, the term vagina encompasses
labia majora, according to Explanation 1 of Section 375 IPC. FGM/C which involves the insertion of a sharp object
into a child's vagina may be covered by Section 3 of the POCSO Act and Explanation 1 of section 375 of the IPC.
Fgm/C Is Not A Religious Practice:-
Genital mutilation is frequently associated with a rite of passage or entry into womanhood in many cultures.
Religious requirements, tradition, customand a desire to limit the girl's libido were determined to be the main
reasons for the practise in a survey done among women of the Dawoodi Bohra community. In an online study of
Dawoodi Bohra women, 56% stated they had to have FGM/C for religious reasons while 45% said it was to reduce
sexual arousal. FGM/C is frequently rationalised by claiming that it protects women from sexual cravings and that it
protects communities religious freedoms.
The Indian Constitution guarantees the right to freedom of religion and the freedom to govern religious issues under
Article25 and 26. Article 25 guarantees the individual right to religious freedom. However, such liberty is limited by
the provisions of Part III of the Indian Constitution which protect fundamental rights including the right to equality
and non-discrimination based on gender as provided by Article 14 and 15 of the Indian Constitution. Such liberty is
constrained by public order, moralityand health.
Even if FGM/C is considered as a religious practise for the purpose of argument, it is not protected under Article 25
of the Indian Constitution because it breaches Article 14, 15, and 21 of constitution of India.
Female genital mutilationaims to suppress female sexual impulses and has negative health consequences. Women
and girls are viewed as objects with sexual appetites that must be stifled in order to keep them from being abused by
other men. Such practises are unconstitutional since they gender stereotype women and girls infringing on their
fundamental rights as guaranteed by Articles 14 and 15 of the Indian Constitution. Women are victimised and their
rights to physical autonomy control over their own bodiesand protection from physical violence and mental trauma
are violated when such practises are carried out in the name of religion.As a result, they are infringing on their right
to life as provided by Article 21 of the Indian Constitution.
524
ISSN: 2320-5407 Int. J. Adv. Res. 10(05), 523-525
Law must be enacted to criminalize FMG/C:-
The practise of female genital cutting needs to be criminalized in India. Highly educated people who relate FGM/C
with religion also engage in the practise. As a result, India must adhere to tight guidelines. The government must
take the appropriate efforts to raise public awareness and educate individuals about the procedure's health
repercussions. A thorough piece of law must be enacted that criminalizes the practise and punishes medical
professionals who engage in it. Females must be protected from inhumane abuse that compromises their bodily
integrity and health.
Conclusion:-
Although it has been shown that Indian law contains provisions for criminal action against any sort of harm, there is
no specific mention of FGM/C in our legislation and the practise is mostly overlooked. It has also been observed
that a specific law dealing with the problemwhich handles not only prosecution but also prevention, education,
awareness building, alleviation and rehabilitation has become important on a global scale. Hence, it is clear that a
distinct law on FGM/C is required for identical reasonsnamely to highlight the problem and confront it as a
damaging criminal behavior rather than an acceptable religious practise.
Reference:-
1. R. Ghadially, ‘All for ‘Izzat’: The Practice of Female Circumcision among Bohra Muslims’, Manushi, No.66,
September- October 1991
2. See https://sahiyo.com/2016/01/accessed on 09/05/2022.
3. RasheedaBhagat, ‘Ban this barbarous practice!’, Hindu Business Line, July 29, 2014. Available at
http://www.stopfgmmideast.org/india-ban-this-barbarous-practice/ accessed on 10/05/2022.
4. HarinderBaweja, India’s Dark Secret, Hindustan Times. Available at:
http://www.hindustantimes.com/static/fgm-indias-dark-secret accessed on 11/05/2022.
525