FEMALE GENITAL MUTILATION AND THE NECESSITY OF A LEGISLATION TO COMBAT THIS BRUTAL PRACTICE IN INDIA

Abstract

Gender equality and non-discrimination on the basis of sex are part of the most frequently recognised norms of international human rights law and this is considered the cornerstone of every democratic society, which aspires to hold in its roots, social justice and human rights. Yet still occurring, is the atrocious act of Khafz or Female Genital Mutilation/Cutting (herein referred to as FGM) happening across nations. In India there exists no special law that criminalizes this act but we see it being an offence under the Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act, 2012. On April 20, 2018, the Central Government of India requested the Supreme Court for directions on how to address the menace of FGM. Simultaneously Public Interest Litigations were filed by those seeking a ban on the practice, the young girls of the Dawoodi Bohra community in India, are presently subjected to. The Dawoodi Bohra Women’s Association for Religious Freedom (DBWRF), who are in favour of the practice, countered by saying that this act is circumcision, not mutilation and is a harmless cultural and religious practice unique to their community. This has sparked a debate throughout the country over the practice of FGM and is now a very important issue that needs to be addressed. This is especially so, as conflicting opinions are seen where the direct and harsh consequences are seen in suffering children and women. In 1993, the Vienna declaration of the World Conference on Human Rights had to explicitly dictate that FGM is a violation of human rights due to how grave of an act it was.