An Analysis of the concept of Female Genital Mutilation

BY- BABITA RAWAT

Council Member (West Bengal Human Rights Council, A wing of WICCI)

India is the largest democracy-based country in the world with a population of 130 million. However, women in India have faced endless problems at home and in public since their youth. Female genital mutilation (FGM) is a manner completed on girls in growing nations and is underreported; it entails slicing or changing the woman’s genitalia. The fitness results of FGM consist of bacterial and viral infections, obstetrical complications, and mental problems. Although efforts had been made to remove FGM, the dynamics that perpetuate the exercise have societal roots. Intervention strategies to sell extrude from in the network are vital for the successful eradication of the exercise. For prevention, similarly, research is had to expand packages that enhance awareness.

‘When men are oppressed, it’s a tragedy. When women are oppressed, it’s tradition’

Female genital mutilation is not only an inhumane practice but also a violation of certain basic and legal rights of women; however, it is another activity that lowers dignity and takes women in its clutches. Abuse leaves women psychologically and explicitly harmed. These brutal practices not only violate human rights, but also a woman’s most important and legitimate privileges. Female circumcision or genital circumcision includes any strategy that involves the partial or absolute evacuation of the outer woman. According to reports, around 75 are practiced mainly in the Bohra community. Sexual inequality and harmful social standards are factors that explain why this destructive practice occurs.

The World Health Organization decides on the dire consequences of female genital mutilation and works to ban it. Female genital mutilation (FGM) has health implications, often from following strategy that can cause severe drainage, illness, or blood damage, and even death, mental harm, and loss of sexual sensation. It can injure and even reopen scar tissue. Blisters, abscesses, and incontinence can even occur. Therefore, female genital mutilation should no longer claim that it is a religious practice under Article 25 of the Constitution of India. The Constitution of India is being undermined because a child, regardless of gender, has the fundamental right to equality, but the practice of female genital mutilation on a girl is a strict violation of Article 14 of the Supreme Court: Stop Female Genital Mutilation violates constitutional rights and promotes gender Courts interpret laws and use IPC and POCSO law to deal with them.


The Supreme Court of India deals with various cases of female genital mutilation and focuses on the main issues:


• Female genital mutilation violates Article 21 of the Constitution of India, which is a fundamental right to life and consecrated freedom in the Constitution of India. It also implies violating the right to privacy.


• The physical “integrity” of a girl is lost through this practice.


• Female genital mutilation abuses Article 15 of the Indian Constitution, which is also a fundamental right that forbids discrimination based on caste, gender, religion, or place of birth.


• The court ruled that it was a criminal offense under the POCSO.

• Violation of the rights of women and children in certain cases of “khatna” or as we know how female genital mutilation is described by the Supreme Court.


• Touching the female genitals, except for medical purposes, results in a criminal offense that could therefore be punished by the IPC and does not require penetration.

Case Law

In the case of Sunita Tiwari v. Indian Trade Union, human rights defender Sunita Tiwari filed a lawsuit requesting the prohibition of public interest action (PIL). Female genital mutilation is the removal of female genital organs. In India, this practice is widely adopted by the Shia Muslim sect Davudi Bora community. This approach is to regulate and control the sexual desire of women. She believes that this custom degenerates women and violates the human rights of women and children. This is in conflict with the right to life, personal freedom, equality, and privacy. He also pointed out that this violated the Universal Declaration of Human Rights. Even the World Health Organization considers this a serious violation of human rights. Worry about health issues and may lead to irreparable physical and mental disabilities. Although we do not have a clear law, the United Nations General Assembly passed a resolution in 2012 prohibiting female genital mutilation. Some countries (such as the United States and Australia) have banned its use, but India has no specific laws. The argument against PIL is that most of the PIL community opposes it and regards it as a religious practice, thus defending its protection under Articles 25 and 26 of the Constitution of India. Community lawyers believe this practice is safe and healthy. They argued that circumcision was circumcision rather than dismemberment, and therefore questioned the relevance of the case. The case has been transferred to the Constitutional Chamber of the Supreme Court to determine whether female genital mutilation is an important religious practice. In this case, no decision has been made yet. Serious violations of human rights, so higher courts can make judgments based on basic human rights, dignity, and equality for any legitimate reason.

Conclusion

Female genital mutilation is a serious and worrying problem worldwide. The appearance of sexual inequality and the empowerment of girls are essential to solving this problem. In India, a certain community is facing a violation of women’s human rights. Although India has not yet enacted strict laws to contain this threat, the international declaration and the United Nations’ views on the matter have alleviated the threat. Health and material can alleviate this problem to some extent. The most effective way to reduce calories in female genitalia is to spread sex education and change social traditions with the help of the previous generation.


Download Your E-Article/E-Paper here!!


The Audiobook is only available for a week. Make sure you download it from the online link. (If you forget to download Your Audiobook don’t worry just reach out to us via [whatsapp] we will help you with the same.)


One thought on “An Analysis of the concept of Female Genital Mutilation

  1. Good discussion. Sexual dysfunction may also result from female genital mutilation, and male circumcision is also a form of genital mutiliation. Too much public attention is focused on sexual abuse. Genital mutilation is far worse.

    Like

Leave a comment

Design a site like this with WordPress.com
Get started