Female Genital Mutilation: A Dark Practice of Violating Women’s Human Right

Abstract

The term Female Genital Mutilation (FGM), refers to all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. Millions of girls and women have undergone this cruel procedure and still do every year in the name of religious beliefs. Female genital mutilation has been reported to occur in all parts of the world, but it is most prevalent in the western, eastern, and north-eastern regions of Africa, some countries in Asia and the Middle East and among certain immigrant communities in North America and Europe. India also finds a place amongst these mentioned regions of the world. In India, this practice is common amongst the Bohra community, where the ritual is referred to as “Khatna” or “Khafz/Khafd”. Khatna essentially involves cutting the tip of a girl's clitoris when she is 6-7 years old. Members of the family are usually involved in the decision-making about FGM. Amongst various other socio-cultural reasons given for this cruel practice besides religious beliefs are an aid to female hygiene and a tool to control or reduce female sexuality. As the definition of the term itself suggests, Female Genital Mutilation is done for no-medical reasons at all which makes it the perfect subject for Human Rights Violation. In India there are no explicit provision prohibiting the practice of FGM, despite the fact that India is a signatory of UN resolution for protection of Child and Women and ending all types of exploitation. The government does not have any plans to draft a new law to address the issue of FGM in India. To curb the practice, the government feels necessary safeguards are available in the existing laws, such as Indian Penal Code, 1860 and the Prevention of Children from Sexual Offences Act, 2012. These laws do not explicitly prohibit the practice of FGM. The object of this paper is to analyze various aspects of FGM and to critically examine the Indian Legal Framework regarding it. We also aim to make some necessary recommendations to explicitly prohibit FGM in India altogether