Time to Ban Female Genital Mutilation

 Time to Ban Female Genital Mutilation

By Shweta Nair

In order to uphold the traditional practices carried out in the name of religion, people go to any extent even to the extent of circumcision of female genitalia for non-medical reasons. February 7th of every year has been recognised as the International Day of Zero Tolerance for Female Genital Mutilation. Girls from the age of 1 to 15 years and few adult women become the victims of it. It is rather dreadful to know that over 200 million women worldwide have been subject to the practice of Female Genital Mutilation with the practice being more prevalent in Africa, Latin America and few countries in Asia.

• What is meant by Female Genital Mutilation? 

It is a religious or traditional practice or custom wherein female genitalia is dismembered. 

There are 4 types of FGM as per WHO, 

1. Type 1: Part or overall removal of clitoral. 

2. Type 2: Part or overall removal of external and visible parts of vulva or clitoris. 

3. Type 3: Infibulation or stitching the vaginal opening.

4. Type 4: Piercing, picking, scratching or any other procedure. 

• What are the reasons behind such a practice?

The main reason behind why such an horrendous act is still practised is to curb the so called impure and contaminated feelings of sexual desires in women and prevent females from having any out of marriage sexual relations. Such a traditional and narrow-minded thinking is due to the prevalence of patriarchal or male dominance in the nation and a belief that a female should be pure and a virgin at the time of marriage. The other reason stated is for female hygiene. 

• Is it prevalent in India too? 

In India too, it is practiced largely among the Bohra Community found more commonly in Gujarat, Madhya Pradesh, Maharashtra and Rajasthan. It is stated that around 75 to 80% girls belonging to the Bohra Community, a Shia sub-sect have suffered from such a practice. It is referred to as Khatna or Khafd where clitoris is removed off in the age of 6-7 years. Yet there is no legislation in India that bans such a practice. Mainly due to the Government’s denial in the presence of FGM in India. Besides, there is also not much statistics or data anywhere relating to the grievances or complaints of such rituals being conducted as its mostly performed in secret and many women are silent on this fact owing to the fear of getting boycotted from the community or any other repercussions which they may face. 

• What is the impact on women due to FGM? 

Women face severe physical, psychological and other health problems due to FGM. It may lead to excessive bleeding of the genitalia, menstruation problems, severe pain in the genitals, problems after marriage relating to sex and may also result in death. It also effects a woman to bear a child as in many cases the child may even die. Many girls after undergoing the procedure become prone to Depression or Post Traumatic Stress Disorder too. 

• Is there any provision under Indian Laws where FGM can be dealt with? 

There is no particular provision as such related to FGM in Indian Laws but under the Indian Penal Code, from section 319 to 326 dealing with hurt and grievous hurt, such an offence can be prosecuted and punished. Even it may be covered as a crime under Protection of Children from Sexual Offences Act (POCSO) in which Section 3 provides for penetration or insertion of any object into the genitals of a child leading to sexual assault, may cover FGM if read with explanation 1 of Section 375 of IPC as it also involves a similar practice. The National Policy for Children (NPC), 2013 and Integrated Child Protection Scheme aim to protect various absolute rights of children including right to health, right to privacy, right to education, right to clean and healthy environment and also seeks to create effective mechanisms to protect children from any sort of susceptibility or harm. Such practices also infringe article 14, 15 and 21 of the Indian Constitution. 

• Conclusion:

However, these are not enough. There is a need of much more stricter provisions and punishments that deal exclusively with the offence of FGM and for that, a separate legislation is required. Firstly, in most cases, since the relatives or parents of the girl child initiate to undertake such procedure with a cutter, they must be held responsible and punished. Secondly, the cutters who may be medical practitioners or even those who have an experience of it and may be doing it from ages must also be punished. Thirdly those who propagate it or advice others to do who may be religious leaders or even a common man must be punished. Also, whoever including doctors, teachers or social workers get an information regarding such an offence to be conducted must inform to the police.

In 2018, a PIL was introduced by Sunita Tiwari a lawyer from Delhi highlighting this issue but the Dawoodi Bohra community doesn’t want it to be banned and seek Article 25 for the practice to be accepted under freedom of religion.