FEMALE GENITAL MUTILATION: A SOCIO-LEGAL ANALYSIS A Critical Study of Social Norms, Bodily Autonomy, Religious Freedom, Child Protection and the Indian Legal Framework

Author

Sneha Pachlashiya, Nisha Chandoriya


Abstract

 Female genital mutilation (FGM), also known as female circumcision, khatna, khafz or khafd, involves the intentional alteration or removal of parts of the external female genitalia for nonmedical reasons. It is a complex socio-legal issue involving gender, religion, childhood, health and human rights. Beyond its physical effects, FGM may be sustained by social expectations relating to purity, marriageability, family honour and community identity. 

FGM remains a significant global concern. The World Health Organization and UNICEF estimate that more than 230 million girls and women have undergone FGM, while recognising that the practice provides no health benefits and may cause serious physical and psychological consequences. In India, the practice is particularly associated with sections of the Dawoodi Bohra community and is commonly referred to as khatna or khafz. 

India does not have a specific statute exclusively prohibiting FGM. However, depending on the circumstances, the Bharatiya Nyaya Sanhita, 2023, the Protection of Children from Sexual Offences Act, 2012, and constitutional protections relating to equality, dignity, privacy and bodily autonomy may become relevant. At the same time, the practice raises questions concerning the constitutional protection of religious freedom under Articles 25 and 26. 

These competing considerations have been examined in Sunita Tiwari v. Union of India, W.P. (C) No. 286 of 2017, in the context of the broader constitutional debate concerning religious freedom and fundamental rights. FGM therefore requires examination not only as a physical procedure but also as a social practice sustained by community norms. An effective legal response must consequently address both individual rights and the social conditions that enable the practice to continue. 


Keywords

Female Genital Mutilation; FGM/C; Khatna; Khafz; Bodily Autonomy; Religious Freedom; Article 25; Article 26; Article 21; Child Rights; POCSO; Bharatiya Nyaya Sanhita; Social Norms; Reproductive Rights; Social Norms;



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References


Books

  1. Comfort Mamoh, ‘Female Genital Mutilation- FGM issues of Gender and Human Rights of Women’, (Radcliffe Publishing Ltd Oxford 2005).
  2. Raya & Diana Patricia, ‘Female Genital Mutilation and the Perpetuation of Multigenerational Trauma’, (The Journal of Psychohistory, Spring 2010).

Reports

  1. WHO, Female Genital Mutilation: Report of a WHO Technical Working Group, Geneva (Geneva: World Health Organization 1996).
  2. UNICEF-UNFPA, Female Genital Mutilation/Cutting in Eritrea, (2012).
  3. United Nations Children’s Fund, Female Genital Mutilation/Cutting: A Statistical overview and exploration of the dynamics of change, UNICEF, July 2013.

Journal Articles

  1. WHO, Effects of female genital mutilation on childbirth in Africa, Reproductive Health and Research, 2008.
  2. Patricia Wheeler, Eliminating FGM: The role of the law, International Journal of Children’s rights, Volume No. 11 (2004).
  3. Valentina Rita Scotti, The Essential practice of religion Doctrine in India and its application in Pakistan and Malaysia, Stato, Chiese e Pluralismo confessional, 2016.

Internet websites

  1. Debangana Chatterjee, ‘What Islam says about Female Genital Cutting and how far are these texts invincible?’, Sahiyo, (2018) https://sahiyo.com/2018/10/06/what-islam-says-about-female-genital-cutting-and-how-far-are-these-texts-invincible-part-1/
  2. UNFPA, Female genital mutilation (FGM) frequently asked questions (2022) https://www.unfpa.org/resources/female-genital-mutilation-fgm-frequently-asked-questions

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