Lifting The Veil - Female Genital Mutilation A Benefaction Or An Affliction

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:33:25.56562+00:00

Updated: 2026-08-30T07:05:46.540Z

LIFTING THE VEIL: FEMALE GENITAL MUTILATION A

BENEFACTION OR AN AFFLICTION?

Suhani Salwan & Manvi Pahwa, University Institute of Legal Studies, Panjab University, Chandigarh

ABSTRACT

Female Genital Mutilation has been in practice for centuries but is barely talked about. The process involves cutting or stitching up of the clitoris for purposes of purity and curbing any sexual desires that a girl may have. Female Genital Mutilation has no benefits to it, all the negative implications point towards it. In this article we delve deep into the ill of female genital mutilation, we will look at the efforts which are being made by the UN and governments of various countries, India being one. The practice is not as prevalent across all of India but is widely practiced among the Bhora Community of Mumbai. This article will help us understand the standing of this practice in India amongst many other ills and the physical, psychological implications will also be discussed to provide a clear cut picture and answer the question whether FGM is A Benefaction or An Affliction?

“Imagine one day your mother or grandmother blindfolds you and takes you to a dark dingy place, your skirt is lifted and you feel a sharp stinging pain which makes your heart cry out its loudest cry and in the very next moment you’ve been silenced forever” From the beginning of time, women have been subjected to many ills of the society, some of them are still fighting for their equal rights whereas some are still unaware of what rights they do have. Female Genital Mutilation is one of such ills, about which there is very little awareness and communities which follow this practice remain silent on the issue. The practice of genital mutilation is prevalent mostly in Africa where about 144 million girls have suffered, followed by Asia where about 80 million girls have been cut or stitched up followed by the Middle East where approximately 6 million girls have undergone this practice1.

Over 230 million girls have been subjected to female genital mutilation says a WHO report and still 4 million girls will be subjected to this practice says the United Nations Population Fund (UNFPA)2. WHO defines female genital mutilation as “as partial or total removal of external female genitalia or damage to other female genital organs for non-medical purposes3”. Female genital mutilation is usually performed on young girls from infancy up until they’re 15 years old, most of the female population recalls having been cut around the age of 5 to 7 years. FGM has no health benefits attached to it rather it only has negative implications. It leads to long term complications and sometimes it also leads to death. It is a violation of several human rights and is a form of violence against children.

FGM is deeply rooted in gender inequality, many communities see it as a ritual which has to be performed so that a girl remains pure and also to curb her sexual desires. Quite a few communities see FGM as a precondition for marriage or for inheritance of property, families whose daughters haven’t undergone this procedure sometimes become ineligible to get married. 1 about 144 million girls have suffered, approximately 6 million girls have undergone this practice available at https://www. unfpa. org). 2 Over 4 million girls will be subjected to this practice says the United Nations Population Fund (UNFPA) available at https://www. unfpa. org/female-genital-mutilation#readmore-expand 3 WHO defines female genital mutilation as “as partial or total removal of external female genitalia or damage to other female genital organs for non-medical purposes available at https://www. who.

int/health-topics/femalegenital-mutilation#tab=tab_3 There are various types of genital mutilation techniques which are practiced in different regions of the world. These are explained as follows: Type I - this is total or partial removal of the external clitoris or clitoral hood, this is also known as clitoridectomy. Type II – the external part of the clitoris and labia minora are removed either totally or partially, with or without excision to the labia majora, this is also known as excision. Type III – it is the most common form of female genital mutilation and is also known as infibulation. Infibulation involves the narrowing down of the vaginal opening by creating a covering seal by cutting and repositioning of the labia minora and labia majora with or without the removal of the external clitoris.

The cuts are held together by stitches for a certain period of time and a small hole is left so that the girl can pass urine and pass menstrual blood. Type IV – this involves all the other procedures done to the female genitalia for non-medical purposes such as pricking, piercing, incising, cauterization and scraping. 4 Type I is more prevalent in India whereas type III is more prevalent in Africa. FGM, it is said is more likely to be practiced by women who have achieved secondary education rather than those women who have only achieved primary education. The procedure is usually performed in rural areas and is carried out either by midwives, circumcision operators or traditional birth attendants. Sudan is one of the leading countries where FGM is practiced. It is carried out by using sharp blades, special knives, scalpels and it is common practice to not use anesthetics or antiseptics.

Pastes with herbs in them or local ashes are generally used to stop the bleeding. The girls are held down by their arms and legs by their female relatives so that she is prevented from struggling, thus silencing their screams for help and to make sure there is no other injury inflicted due to the use of traditional tools. In urban areas, the practice of FGM is being carried out in hospitals by doctors and nurses instead of midwives, though, whether this practice is carried out by doctors or by midwives, the medical implications do not change, the nature of damage done remains the same. 4Types of FGM available at - who. int - Female genital mutilation, ncbi. nlm. nih.

gov - Female Genital Mutilation or Cutting – StatPearls, In some regions, if a girl hasn’t been mutilated she is snatched from the feeling of belongingness from her own community, thus many girls undergo this practice so that they are accepted. There is still a majority of women who are unaware of what had been done to them, because they were cut at the age so young that they couldn’t decipher what was happening to them. The practice has not been mentioned in any religious texts, be it Islam or be it Christianity. These religious texts rather condemn any such practices. Though the practice of FGM is about

2000 years old, the Ancient Egyptians underwent this procedure so that they could be

differentiated from the aristocracy, the Skoptsy in Russia did it to maintain a ‘girls virginity’. Even though, till date the exact origin of this practice remains unknown. In 2008, the UNFPA and UNICEF launched a Joint Programme on Female Genital Mutilation5. The main focus of this programme is to abandon and eradicate the practice of genital mutilation completely and create awareness about it so that proper care can be provided for its consequences. The joint programme notices February 6 as the International Day of Zero Tolerance Against Female Genital Mutilation6. The theme for this year was “Her Voice. Her Future” the theme this year was promoted by the hash tag #hervoicematters and #EndFGM. In 2012, United Nations General Assembly (UNGA) passed a resolution against female genital mutilation, the United Nations has been effortlessly trying to raise awareness about FGM.

Abandonment of FGM is a Sustainable Development Goal for 2030, but it is estimated that around 2 million to 3 million girls are the risk of undergoing this practice and we still have a long way to go before completely abandoning the practice of FGM7. While the practice is prevalent around the globe, it is disguised under different names in different regions, such as: female circumcision, cutting, sunna, khitan, tahur, halalays, khatna etc. FGM is prevalent in 92 countries out of which 51 countries have criminalized the practice. There are many countries which have banned this practice and also passed specific legislations to finish off this practice from its roots, but, there are some countries which haven’t passed any 5 Joint Programme on FGM available at https://www. unicef. org/protection/unfpa-unicef-joint-programmeeliminating-fgm, https://www. unfpa.

org/unfpa-unicef-joint-programme-female-genital-mutilation 6 February 6th, International Day of Zero Tolerance available at https://www. un. org/en/observances/femalegenital-mutilation-day 7 In 2012, United Nations General Assembly (UNGA) passed a resolution https://www. unfpa. org/femalegenital-mutilation#readmore-expand specific legislation with regards to FGM but they are governed by other criminal legislations which are in place. There has been a trend in the European Union member states to criminalize FGM in specific legislations rather than in their existing general provisions. For example, FGM is illegal in the United Kingdom, any person who performs FGM will be subjected to 14 years of imprisonment and those who fail to protect a child from undergoing FGM will be subjected to 7 years of imprisonment.

Countries like Australia, Belgium, United Kingdom, Canada, Burkina Faso, Egypt, Estonia, Guinea Bissau, Iran, Iraq etc. , have specific criminal provisions in places against FGM. Countries like India, Greece, France, Finland, Latvia, Russia have their general criminal laws governing the practice of FGM. There are no general or specific provisions against FGM in Saudi Arabia, Pakistan, Singapore, United Arab Emirates, Thailand etc. Female Genital Mutilation has no benefits linked to it, the practice only causes severe physiological and psychological distress to those who have undergone this discriminatory practice.

The female who has been subjected to this practice may suffer from PTSD (posttraumatic stress disorder), as the pain once inflicted comes back to haunt a woman for the remainder of her life, it also leads to various mental illnesses such as anxiety attacks and panic attacks, depression, low self-esteem, withdrawal from society, trust issues as it is our own mothers and grandmothers who force us to be mutilated, thus causing severe identity issues. Apart from the psychological implications discussed women face severe physiological issues once they have been mutilated. They are likely to face problems during childbirth and may have to opt for c-section as it is likely to cause lesser complications to women who have undergone FGM. The practice may also injure sensitive tissues and cause hemorrhage if there is severe or excessive bleeding.

Also leading to various sorts of infections such as UTI (urinary tract infection), yeast infections as urine and menstrual blood tends to get collected, women may also face pelvic infections, cysts or abscesses, ulcers, infection to the reproductive system, painful menstruation, decreased sexual desire and less enjoyment during intercourse. FGM scars a woman for her whole life and she can never pin point what had happened to her, she is unable to know the true anatomy of her own body. In India, FGM is prevalent amongst the Dawoodi Bhora a sub-sect of the Shia Muslims, who are known to be following this practice. The prevalence of FGM in India has been discussed in detail further in this article. Female Genital Mutilation is a practice which under the veil of a religious requirement and sentiment is being widely followed in various religious settings all around the globe.

For years this practice has been in existence in various communities of Muslims, Jews and Christian religion. Among these Muslims, Bohra Community of India is one of the largest communities to practice FGM in the entire world. Dawoodi Bohra’s are a Shia Muslim community majorly based in India and Pakistan with Mumbai, India as their headquarters. They are a sub-sect of Ismaili Shia Islam which traces its spiritual origin through a line of designated spiritual leaders, known as the Da'i al-Mutlaq. For years this practice has continued without any questions being raised and it was only recently that the need for FGM was questioned. In response the Bohra’s claim that the practice of khatna or FGM is an act of ‘religious purity’ and according to Da’im al-Islam it is an indication of hygiene or taharat – not just physical but also “spiritual” and “religious”.

The practice is said to increase the radiance on the face of women and also the pleasure of them with their husbands. In a recent online survey it was found that among the three hundred and eighty-five women affiliated with the Bohra Community, 80%8 of them had undergone FGM. And there were four main reasons for the continuation of this practice in the given order firstly for upholding the religious purposes, secondly to decrease the sexual arousal for the females, thirdly to maintain the customs and traditions and then lastly to maintain the personal hygiene and cleanliness. This survey clearly highlighted and indicated that the actual reason for the continued existence of this gruesome practice is just to sustain their orthodox, discriminatory practice against women and has nothing to do with their betterment.

In a country like India, where the empowerment of women and a strive for parity among genders fuels the nation’s desire and carves the way forward there are still no laws or regulations to curb or prevent FGM. And it was not until 2017 under the landmark case of Sunita Tiwari v. Union of India & Others9 that Supreme Court of India had come across the issue of FGM. In this case Sunita Tiwari, a human rights advocate had filed a petition against this practice claiming it to be unconstitutional. Due to the complexity of the issues intertwined 8 Sahiyo, 81% Want Khatna to End: Results of Sahiyo's Online Survey, (Feb. 6, 2017), https://sahiyo. org/sahiyoblog/khatna-end-online-survey. html.

9 (W.P. (C) No.286/2017)

with criticality of the subject for the religious sect, the case was referred to a Constitutional Bench in 2018. This bench was to consider the issue from all perspectives and determine the constitutionality of khatna or FGM. In the 41st session of United Nations Human Rights Council’s Universal Periodic Review (UPR), which took place in November 2022 at Geneva where the human rights records of fourteen states, including India, were being examined, Costa Rica recommended the Indian government to criminalize as well as formulate a national plan for the eradication of Female Genital Mutilation. This instance not only signifies the need for India to formulate an explicit law on this practice but also suggests an urgency in taking such a step in the present times10.

While the Constitution of India has specifically provided fundamental rights to every citizen to live a life of dignity and has enshrined the principle of liberty, on the other hand the practice of FGM still prevalent in India undermines the bodily autonomy and right to privacy of the women to a great extent. In Kharak Singh V. State Of Uttar Pradesh (1962), the Court had held that the right to live under Article 21 is not mere animal existence, but it is much more as it highlighted the importance and need of Right to Privacy. This void was filled in 2017 when the Supreme Court made Right to Privacy a fundamental right in which it was stated that it was the duty of the state to safeguard the decisional autonomy of its citizens which maybe about their sexual or reproductive choices or about their intimate relationships.

Thus, giving women the decisional autonomy over their bodies, which they are completely stripped of and violated when they are made to undergo FGM. This is a non-consensual activity which is practiced on young girls and has long term implications causing both psychological and physiological problems completely changing the course of their lives. Therefore, it can be reasonably concluded that FGM violates the Right of Privacy and bodily integrity as mentioned in the constitution. But since FGM is performed on young girls from infancy to the age of 15, a major point of discussion was whether the Right to Privacy and bodily autonomy should be extended to children too. And it was deduced that FGM should not be compared to religious practices like ‘mundan’ i. e. , act of shaving baby’s first hair.

This was because unlike ‘mundan’, the practice of FGM was an irreversible act with no advantages and only long-lasting negative 10 Universal Periodic Review, 41st Session of the United Nations Human Rights Council, held in Geneva, Switz. , Nov. 2022, https://www. ohchr. org/en/press-releases/2022/11/universal-periodic-review-working-groupcommence-fourth-cycle-holding-its consequences that the girl has to face even in her adulthood, clearly infringing her bodily autonomy and integrity. In addition to that, there is no restriction that the Constitution has placed on the application of such rights on the basis of age thus indicating that they can be extended to children as well when they are the victims of such a horrid practice.

While FGM as an activity on paper has been widely condemned by public but the controversy around this topic emerges because of the constant debate by the various sections of the society. The supporters of the practice have claimed that ‘khatna’ or female circumcision is an activity which is equivalent to the male circumcision followed by believers of Islamic religion and the abolition of ‘khatna’ or FGM will violate the egalitarian principles propagated in Article 14 and

15 of the constitution. They further claim that such a ban would lead to unreasonable

classification between the two sexes and promote disparity between genders giving women a free escape from the so-called religious necessity. While these claims are as futile and shallow as they could have been, since the main reason for the prevalence derived from deep-rooted gender stereotypes and misogynistic notions aiming to eradicate the ‘impure thoughts’ from the minds of the girls and ‘protect them from illegitimate sexual intercourse’, thus clearly violating Article 14 and 15 of the constitution themselves putting an unequal burden on women on the bases of their sex to maintain the so called pre-marital chastity. And a ban on such an activity will not be biasedly favouring women rather it would be an attempt to remove historical inequalities and structural disadvantages that women have been facing for decades.

In addition to this the claim of the supporters, that khatna or FGM qualifies as an essential religious practice under Article 25 of the Constitution can also be struck down as it does not qualify the Essential Religious Practice Test (ERP). The origin of khatna pre-dates the origin of Islam and has not been made compulsory by any authentic religious source of Islam as endorsed by various world organizations like World Health Organization (WHO), United Nations (UN) thus ending the discussion whether FGM is a religious practice or not. Also, if it were to pass the ERF test Right to Freedom of Religion under Article 25 is limited by “public health, order and morality”. And according to Indian Young Lawyers Association v. State of Kerala, Article 25 and 26 are constrained by “Constitutional Morality”11.

It was observed that while living in a secular state all citizens do have the advantage of religious freedom under Articles 25 and 26. With the changing age and time the changes in the religious affairs and practices need to comply with ‘Constitutional Morality’ of the state and the principles on which they have been founded as they are the only permanent sources of scrutiny. In India, there is no specific legislation protecting communities from undergoing FGM but it could covered under the ambit of the IPC (Indian Penal Code) under section 324 and 326 now known as BNS (Bharatiya Nyaya Sanitha) now covered under section 118 of BNS and POCSO (The Protection of Children from Sexual Offences) Act, 2012 covered under section 3 which criminalizes penetrative sexual assault on any child wherein insertion of any object in the vagina of a girl will be considered as a sexual assault.

While all the arguments that have been put forward prove that FGM is an unconstitutional practice violative of the basic human rights and endangering the very being of female sex in the country but these are still not enough to eradicate the practice at the grass root level. Proactive efforts need to be taken by the Government of India where a comprehensive strategy is formulated meticulously to create awareness and eradicate the problem at the same time Knowledge being the biggest tool of change and influence, education needs to be spread and awareness has to be instilled regarding the existence and long lasting implications of this detestable practice. To do so awareness drives can be carried out which can include conducting surveys, seminars and workshops by survivors and social workers dispersing relevant and cardinal information regarding the same.

With this practice being closely attached to religious sentiment a clarity regarding the interpretation of these religious texts is the need of the hour. Additionally, the Ministry of Child and Women Development12 should make an effort to 11 Indian Young Lawyers Association v. State of Kerala, (2018) 11 SCC 1 (India). Female Genital Mutilation does not qualify as an essential religious practice under Article 25 of the Indian Constitution, as the origin of khatna pre-dates Islam and is not compulsory per authentic Islamic religious sources https://lawschoolpolicyreview. com/2022/12/21/examining-the-constitutionality-of-female-genital-mutilation-inindia/ Article 25 is limited by considerations of "public health, order, and morality" https://www. livelaw.

in/female-genital-mutilation-fgm-violates-preconditions-of-public-order-morality-andhealth-imposed-under-article-25-and-26-of-constitution-submits-ag/ 12 The Ministry of Child and Women Development should collaborate with international bodies such as the UNFPA, actively working on the eradication of female genital mutilation https://www. unfpa. org/unfpa-unicefjoint-programme-female-genital-mutilation . Legal aid for survivors and protection for at-risk young girls should also be prioritized https://www. unfpa. org/female-genital-mutilation collaborate with international organizations such as the UNFPA, CEDWA13 which are proactively working towards the eradication of this practice. To make the effort more substantive Legal Aid should be provided to the brave survivors and protection should be provided to young girls who are at risk of enduring the same.

In a world where technology is a man’s best-friend, social media influences the impressionable young minds to a great extent and thus this can be used as an effective tool to reach our end goal. Social media campaigns along with movies targeting this issue can be released to increase sensitivity amongst the mass in a very picturesque manner. Movies like Pad-Man hit the box office with a turnover of 40. 05 cores being a revolution in the sense of the impact it made. The stigma surrounding “menstruation” and “sanitary pads” has reduced drastically ever since the movie came out, doing the same for a practice like FGM will help make a difference in the lives of women who are at a risk of undergoing the same.

While these suggestions look very glorious on paper an actual initiative needs to be taken by the Government and the citizens to safeguard the future of our children who are the building blocks of our nation. In the 21st century let’s take an oath to put practices such as FGM behind us in the stone-age.

13 U.N. Populations Fund & U.N. Children’s Fund, UNFPA-UNICEF Joint Programme on the Elimination of

Female Genital Mutilation (2024), https://www.unfpa.org/unfpa-unicef-joint-programme-female-genitalmutilation.