Author – YAZHINI.S, Student at GOVERNMENT LAW COLLEGE, DHARMAPURI.
INTRODUCTION:
According to World Health Organization (WHO), Female Genital Mutilation is a procedure involving partial or total removal of the external female genitalia or other injury to the female genital organs for non – medical reasons. Hundreds of millions of women and girls have experienced this practice. Female genital mutilation (FGM) which wrongly called as Female Circumcision. It is a violation of fundamental and legal rights and it is happening all over the World. So, here in this article we talks about what is FGM and What are the sufferings women facing till death and What does Indian Law say about about FGM. We also discuss relevant case law and legislative measures in this article.
DEFINES INFIBULATION:
This is the practice of excising the clitoris and labia of a girl or woman and stitching together edges of the vulva to prevent sexual intercourse. It is the complete scraping of vagina and stitching it together to prevent the girl from having sex. The vagina is sealed leaving a small hole for the girl to menstruate or urinate. The girl’s legs are tied with rope for days so that the wound can heal. It usually takes 15 to 40 days for the wound to heal. During this period the girl’s leg remains tied and she is prevented from moving. Basically, the stitches are meant to be reopened by her husband on the wedding night so he can be intimate with her. At birth many women have to be cut again because the vagina opening is too small for the passage of the baby.
FGM IN INDIA:
In India it is practiced by Dawoodi Bohra Muslim Community as well as other smaller Bohra sub-sects whose members live in Gujarat, Rajasthan, Madhya Pradesh and Kerala. The Bohra community is estimated to be one million strong in India; many also live outside India. In 2018, a study on FGM in India said that the practice was up to 75% across the Bohra Muslim Community. The United Nations has declared female genital mutilation is a violation of human rights but there is no ban in India. While the practice is well documented around the world, in India, the practice has been happening in shroud secrecy and meager to no data has been put on papers. The practice and pain the victim goes through remains unacknowledged and unnoticed.
- REASON FOR PRACTICE:
In many of the countries where FGM is performed, it is a deeply entrenched social norm rooted in gender equality where violence against girls and women is socially acceptable. The reason behind the practice varies. This procedure has absolutely no health benefits. It is often believed that a girl who has undergone circumcision is cleaner and more fertile, but this is known to be false. In some cases, it is seen as a rite of passage into womanhood, while others see it as a way to suppress a woman’s sexuality. Many communities practice genital mutilation in the belief that it will ensure a girl’s future marriage or family honor. Some associate it with religious benefits, although no religious scriptures require it. Female Genital Mutilation is done to control the sexual urges . Some others say it is for hygienic purposes.
TYPES OF FGM:
- Clitoridectomy – Excision of the prepuce and the clitoris.
- Excision – Excision of the prepuce, Clitoris and the labia minora.
- Infibulation – Removal of part or all of the external genitalia and stitching together or narrowing the vaginal opening, leaving a small hole for urine and menstrual flow.
- Unclassified – Picking, Piercing, Incising, Scraping and cauterizing the genital area.
FACTORS MAINTAIN FGM:
- FGM is a primary condition for marriage. No man in FGM practicing areas marries an uncircumcised woman in fear of breaking and respecting the social norms.
- Misperception of FGM as a religious requirement.
- Invocation of tradition to insist on the continuity of the practice.
- The payment of the bride price to a girl’s parents depends on a woman fulfilling the traditional norms of the community – FGM being the important one.
- Ignorance of sexual and Reproductive health.
BREAST IRONING:
Breast ironing, also known as breast flattening, is the pounding and massaging of a pubescent girl’s breast, using hard or heated objects to try to make them stop developing or disappear. It is typically carried out by the girl’s mother who will say she is trying to protect the girl from sexual harassment and rape, to prevent early pregnancy that would tamish the family name, or to allow the girl to pursue education rather than be forced into early marriage. It is mostly practiced in parts of Cameroon, where boys and men may think that girl whose breasts have begun to grow are ready for sex.
LONG TERM EFFECTS OF FGM:
Untrained midwives in the community are usually the ones who do this procedure. It is carried out with a knife or a blade before the girls get puberty. Because lack of training of midwives performing procedures, girls facing this kind of problems:
● Severe pain during sexual Intercourse.
● Painful and prolonged menstrual periods.
● Urinary tract infection
● Prolonged labor and other Complications during delivery.
● Depression and Anxiety
● Vesico Vaginal Fistula (VVF) or Recto Vaginal Fistula (RVF)
● Increase in newborn deaths.
● Genital tissue swelling
● Infertility.
● Infections e.g., Tetanus
CASE LAWS:
SUNITA TIWARI V. UNION OF INDIA[1]
Sunita Tiwari, a human rights advocate filed a public interest litigation to ban the practice. But the majority of Dawoodi Bohras are opposed to the ban and also they argued that circumcision is a religious practice and it is protected under Article 25 and 26 of Indian Constitution. It has been clubbed with other cases such as Entry of Women in Sabarimala Temple, Entry of Muslim Women in mosques. The court clarified that it would hear the case as part of broader questions and would not hear specific cases.
JUSTICE K.S.PUTTASWAMY V. UNION OF INDIA[2]
In 2018, the Court held, the right to privacy is also inclusive of sexual autonomy. When a child, incapable to understand or knowing what she is going through the long term effects of FGM is subjected to it, her right to sexual choices is taken away from the child.
SARDAR SYEDNA TAHER SAIFUDDIN SAHEB V. THE STATE OF BOMBAY[3]
In this case, the Supreme Court determined whether the Bombay Prevention of Excommunication Act, 1949 violated the fundamental rights which are given in Article 25 and 26 of Dawoodi Bohra Community. After coming into force of constitution, the right of the defendant to excommunicate members of the community was protected by Article 25 and 26 of Indian Constitution and that impugned act was void.
ANUJ GARG & ORS V. HOTEL ASSOCIATION OF INDIA & ORS[4]
In this case, it provides the constitutional foundations for a progressive of sexual equality under Articles 14 and 15 of Indian Constitution. Gender stereotyping is contrary to principles of equality which is under the Indian Constitution.
SRI ADI VISHESHAWARA OF KASHI VISHWANATH TEMPLE V. STATE OF UTTAR PRADESH [5]
In this case, the Supreme Court dismissed the claim of priests that because of managing the temple alone it did not mean it became their property. So the Court held “Properties of the endowment vest in the deity, Lord Sri Vishwanath”.
WHY FGM SHOULD BE CRIMINALISED:
FGM has long lasting psychological and physical problems. FGM is one of the brutal practices performed on young girls before they hit period. Due to this performance, women face physical impairments such as Urinary tract infections, Chronic genital infections, Vesico Vaginal Fistula, Severe bleed, Prolonged delivery, Menstrual problems and Perinatal risks. The psychological suffering caused by this pain is miserable. This practice leads to the Depression, Anxiety, Post traumatic stress, phobias, etc. This trauma lives for the rest of life, it will not fade away.
TREATMENT FOR FGM:
Not every woman needs surgery, every woman’s body is different from others.
❖ DEINFIBULATION:
Female genital mutilation often narrows or partially closes the opening to vagina. This process involves reopening of Vagina.
❖ CLITORAL RECONSTRUCTION:
Female genital mutilation involves cutting or partially removing clitoris. However, portions of the clitoris often remain under scar tissue. Reconstruction reveals the clitoris and attempts to restore and rebuild affected anatomy using tailor techniques.
INTERNATIONAL RESPONSE AND MEASURES:
● Building on work from previous decades, in 1997, WHO issued a joint statement against the practice of FGM together with the United Nations Children’s Fund (UNICEF) and the United Nations Population Fund (UNFPA).
● In 2007, UNFPA and UNICEF initiated the joint programme on Female Genital Mutilation to accelerate the abandonment of the practice.
● In 2008, WHO together with 9 other United Nations partners, issued a statement on the elimination of FGM to support increased advocacy for its abandonment, called: “Eliminating female genital mutilation: an interagency statement”
● In 2018, WHO launched a clinical handbook on FGM to improve knowledge, attitudes, and skills of health care providers in preventing and managing the complications of FGM.
HOW TO END FGM:
● Raise Awareness
● Voice out about the risks of FGM
● Tackle the secrecy that allows cutting to continue
● Pressurizing FGM to be banned.
● Educate to Child and women
● Inform Child Protection Service
● Conduct conferences and workshops to spread awareness.
CONCLUSION:
Imagine someone opening stitches and immediately having sex with her. Imagine the traumatic experience, the girl will pass through. Is it not better to allow her to decide if she will marry as a virgin or not than to do this? The worst thing is that this is done to Women by women. Only by passing through laws, will this practice come to an end. Not only laws, but also Prevention, Sex education, Awareness building, Rehabilitation and Relief it can be reduced. Thus, the discussion here is conclusive that a separate law on FGM is necessary for similar reasons, to expose the problems and address it is a harmful criminal practice and not as an acceptable religious practice.
REFERENCES:
- WP(C) No. 286/17
- AIR 2017 SC 4161
- AIR 1962 SC 853
- (2008) 3 SCC 1
- 1997 (4) SCC 606
- Harinder Baweja, India’s Dark Secret, Hindustan times https://www.hindustantimes.com/static/fgm-indias-dark-secret
- https://sahiyo.com/2016/01 dated April 13,2016
- https://www.indiatoday.in dated February 6, 2018
- https://www.unicef.org
- https://www.pennmedicine.org
CASE LAWS:
[1] Sunita Tiwari V. Union of India, Wp(c) No.286/17
[2] Justice K.S.Puttaswamy V. Union of India, AIR 2017 SC 4161
[3] Sardar Syedna Taher Saifuddin Saheb V. The State of Bombay, AIR 1962 SC 853
[4] Anuj Garg & ors V. Hotel Association of India & ors, (2oo8) 3 SCC 1
[5] Sri adi visheshwara of kashi vishwanath temple V. state of Uttar pradesh, 1997 (4) SCC 606