Female Genital Mutilation (FGM) is the ritualistic practice involving the total or partial removal of the female external genitalia, ostensibly aimed at curbing sexual desires. This deeply entrenched practice raises concerns globally, and regrettably, India stands out as a hotspot for such violations, earning the dubious title of the world’s most dangerous place for women.
Despite being upheld by isolated factions, the prevalence of cultural customs like FGM underscores a more profound societal issue. India, irrespective of community or religion, grapples with an ingrained perception of the female body as ‘impure,’ ‘excessive,’ and, in some cultural contexts, even ‘evil.’ Drawing parallels to notions of pollution and purity, menstruating women, in many Indian cultures, are deemed ‘impure.’
FGM persists as a poignant example of how deeply rooted cultural beliefs can perpetuate harmful practices, demanding heightened awareness, education, and advocacy to eradicate such violations and safeguard the well-being of women.
WHO classifies four types of FGM:
type 1 (partial or total removal of the clitoral glans).
type 2 (partial or total removal of the external and visible parts of the clitoris and the inner folds of the vulva).
type 3 (infibulation, or narrowing of the vaginal opening through the creation of a covering seal).
type 4 (picking, piercing, incising, scraping and cauterising the genital area).
Supreme Court:
Concerns:
- The Supreme Court expressed concern about Female Genital Mutilation (FGM) prevalent in the Bohra Muslim community.
- The practice compromises and violates a woman’s bodily integrity and privacy in the name of religious beliefs.
CJI’s Observation:
- The Chief Justice of India (CJI) stated that FGM would fall under the Protection of Children from Sexual Offences (POCSO) Act.
- Noted that these petitions were filed by women, and if they oppose the practice, it cannot be imposed on them.
Violation of Fundamental Rights:
- The practice of FGM violates various fundamental rights, especially those of girl children.
- Serious health repercussions associated with FGM, including pain, bleeding, infections, and long-term issues like urinary or vaginal problems.
Global Ban on FGM:
- Countries like the USA, the United Kingdom, Australia, and about 27 African countries have already banned FGM.
- The practice is considered a violation of international human rights standards. Every year, February 6 is observed as the International Day of Zero Tolerance for Female Genital Mutilation (FGM).
Petition’s Argument:
- FGM violates the UN Convention on the Rights of the Child and the UN Universal Declaration of Human Rights, to which India is a signatory.
Opposition and Constitutional Grounds:
- A trust representing Bohra women opposed the petitions, citing that FGM has been a tradition for centuries.
- Claimed protection under Articles 25 and 26 of the Constitution and demanded the matter be referred to a Constitution bench.
Intersection of Religion and Individual Rights:
- The case highlights the complex interplay between religious practices, individual rights, and constitutional provisions.
- Raises questions about the balance between religious freedom and safeguarding individual liberties.
FAQs
Q: What is Female Genital Mutilation (FGM)?
Female Genital Mutilation (FGM) refers to the partial or total removal of external female genitalia or other injury to the female genital organs for non-medical reasons. It’s a harmful practice often carried out on young girls between infancy and age 15.
Q: Why is Female Genital Mutilation practiced?
FGM is often deeply rooted in cultural beliefs about femininity, purity, and control over women’s sexuality. It is erroneously believed to ensure virginity before marriage, control women’s sexual desire, and adhere to social norms and traditions.
Q: What are the health consequences of Female Genital Mutilation?
FGM can lead to severe physical and psychological health issues. Immediate complications may include severe pain, infections, hemorrhage, and even death. Long-term consequences range from chronic pain, menstrual problems, urinary issues, sexual dysfunction, to psychological trauma.
Q: Is Female Genital Mutilation illegal?
Many countries have outlawed FGM due to its harmful effects and violation of human rights, including the rights to health, security, and physical integrity. However, despite legal bans, it persists in many communities due to deeply ingrained cultural beliefs and social pressures.
Q: How can Female Genital Mutilation be stopped?
Combating FGM requires a multi-faceted approach involving legal measures, community engagement, education, and healthcare interventions. Efforts should focus on raising awareness about the health and human rights implications of FGM, empowering communities to abandon the practice, and providing support for survivors. Additionally, enforcing laws against FGM and providing accessible healthcare services are crucial steps towards its eradication.
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