Assume, you are being taken to a pit black room of a crumbling building and being clinched next to a wall. Imagine them asking you to undress yourself and on your refusal, they, forcibly undressing you. Visualize them, holding a sharpened knife/blade, heating it up and approaching towards you. Imagine the same sharp hot knife/blade slicing your clitoris. Think of the girl screaming in pain. Picture yourself there as a girl.

Female Genital Mutilation (FGM) or “khatna” or “khafz” is a cruel practice performed towards the women in the name of religious activity. FGM is the procedure involving every act of cutting of, partially or totally, altering or removing the external female genitalia, or other injury to the female genital organs for non-medical reasons or speaking more precisely, for cultural reasons. 

It still remains a question as to where does the root of this FGM lie. This practice is being adopted and supported by The Dawoodi Bohra Women for Religious Freedom or the Muslim Bohra Community (DBWRF), explaining it as "beliefs, customs, culture and religious rights, and is an essential part of the religion." The Muslim Bohra Community claims that this practice of circumcision is completely safe and harmless procedure and is not mutilation.

Though remains unclear, some of the researches trace its origin to be in the Ancient Egypt, and were then mostly practiced by the Muslims and Christians around the world. And the strangest part of this activity is that, it did not stop or abolish with changing time and modernization. There are still countries that celebrate such occasions and in some other countries, it has been practiced since long in silence.

Counties still continuing such practices are:- Central African Regions and Saharan Regions, Columbia, Peru, Egypt, United Arab Emirates (UAE), Iraq, Iran, Russia, Certain European Countries, India, Latin America Colonies.

The World Health Organization (WHO) recognizes the 6th of February as International Day of Zero Tolerance for Female Genital Mutilation. According to a study conducted in India, it was noticed that as much as 72% of the FGM practice in India was common in the Bohra Muslim Community. 

The WHO considers the act of circumcision as a crime against women body by stating, “Permanently disfiguring the body of a woman”. This act is against the UN Declaration of Human Rights and UN Convention on Rights of The Child and India being a signatory to this, should put a ban to every circumcision in India.

Several countries like USA, UK, some African countries and Australia have put a ban on the practice of FGM. But, the most prominent problem in India is that it has no specific laws for abolition of the act of circumcision. Until and unless there is a stringent law for the same, there can be no end to this and as it has been going on in silence, same shall continue. 

The circumcision violates the right to equality and right against discrimination. It also violates the right to safety and right to be free from torture as well as other inhuman and cruel practices, right to attain quality health and most importantly, the person liberty of a woman (Art. 21 of the Indian Constitution).

What is even shocking is that, such act of slicing the clitoris is practiced by the women itself. Generally, the old, aged women or the inexperienced midwives carry out such procedure. The major victims of this horrifying act are girls aged between 6 years to 10 years. 

The reason for such act varies from community to community, religion to religion and from country to country. In many religions, the clitoris of the vaginal part of women is considered as “a source of sin” and is said as unwanted skin, and that is unwanted, therefore shall be cut off. The source beneath the circumcision is engulfed with the system of patriarchy that, “once a woman understands the pleasure she can receive by it, she may go ‘astray’ or may bring shame to the entire family in the society.”

But one common factor and most similar reason for the practice of circumcision that has been noticed are “to preserve the purity of women” and “to carry forward the religious beliefs and practices.” The main aim behind this practice is found to be 'the regulation of female sexuality and moderate sexual desires'.

The practice of circumcision is not only a problem towards the society but it leaves severe medical effect on the woman’s body and mind. This has practically got no health benefits for girls and women. It rather involves damaging else removing the healthy and normal female genital tissue and interferes with the natural functioning of the woman body. This is likely to cause immediate complications, which include severe pain, excessive bleeding and problems urinating. It can also have long-term effects, including leading to cysts and infections, as well as complications in childbirth. The event itself can be traumatic for survivors and can cause lasting psychological consequences.

A Public Interest Litigation (PIL), before the Supreme Court, was filed in the year 2017, by a Delhi-based lawyer, Sunita Tiwari, seeking prohibition on the practice of Female Genital Mutilation in India.

The advocate Ms. Tiwari in support of the ban draws the attention of the Court towards the World Health Organization’s (WHO) report on FGM. 

In her argument, she states, “WHO has classified FGM as a gross violation of the human rights of girls and women. It violates the fundamental guarantees provided by the Universal Declaration of Human Rights. Furthermore, FGM is a serious health concern as it can cause infections, problems relating to childbirth, and other severe physical impairments. In December 2012, the United Nations General Assembly adopted a unanimous resolution which called for the elimination of FGM.”

But the Dawoodi Bohras have strongly opposed to this ban stating that, “this is a religious practice and in therefore protected under the provision as under Art. 25 and Art. 26 of the Indian Constitution.” Opposition lawyer, Mr. A.M. Singhvi argues against the use of ‘female genital mutilation’ to describe the community's practice. He claims that female circumcision is practiced in a safe and non-mutilating manner by Dawoodi Bohras. He further argues that this practice is important part of the society and is essential for the coming generation to understand the need of religion and culture.

In September 2018 the Supreme Court referred the PIL to a five-judge constitution bench at the request of Attorney General Mr. K.K. Venugopal and the counsel for the Dawoodi Bohras. In November 2019, the Supreme Court decided that the issue of FGM be referred to a larger seven-judge bench and that it be examined alongside other women's rights issues. The court deemed FGM to be a cultural issue, not a religious one.

The Ministry of Women and Child Development, in May 2017, has announced that “the Government will ban FGM if it is not voluntarily stopped.” But in the later month December of the same year, it was reported by the Ministry that they had found no such official data that will disclose the practice of FGM in India. 

It is a shame that even after the huge expansion of the society and advancement in the thought process of humans, there are yet people left who, in the name of religion, continue cruel practices against women, and also that are people who support such activities. The flow of thoughts and principles from generation to generation is undoubtedly important, but it is also necessary to understand that what thing is morally correct and what not, and especially when something is without the consent and knowledge and understanding of a person then such act deserves to be shut.

ASHLESHA NANDA

LLM GRADUATE 

SOA NATIONAL INSTITUTE OF LAW