FGM: A BARBARIC TRADITION?

Preface

On May 2, 2020, Sudan criminalised the practice of Female Genital Mutilation. The 'Saleema Initiative' which was launched in 2008 by the NCCW(National Council of Child Welfare) and UNICEF, Sudan, had a huge contribution to this achievement. After the criminalisation of female genital cutting/mutilation, the offence carries a jail sentence of 3 years. The move has been welcomed by UNICEF stating how the practice not only leads to the violation of legal rights of girls but also has grave consequences to their mental and physical state. 

This blog article talks about the practice of Female Genital Mutilation, highlighting its reasons, implication(legal and general) and the myths which need to be addressed. I will also discuss the facts, issues and arguments raised in the case of Sunita Kumari vs. Union Of India, using various legal maxims as a tool to express the legality.

Introduction

The practice of female genital cutting/circumcision, or ‘khatna’, involves the removal of either a part or all of a woman’s genitalia. This is mostly carried out by a traditional circumciser, or by using a blade, and is done mostly before when the girl is below the age of five. The procedure varies from one country to another or, the ethnic groups. FGM is practised in many forms. Mainly there are four types:-

• Type 1:- Clitoridectomy- This means partial or total removal of the clitoris and/or prepuce. The circumciser pulls the clitoral glans with her thumb and index finger and cuts it off.
• Type 2:- Excision- Here the clitoris and the labia minora are partially or totally removed.

Type 1 and Type 2 are the most prevalent forms of Female Genital Mutilation practices.

• Type 3:- Infibulation- Using a covering seal, the vaginal orifice is narrowed down. This covering seal is made by cutting the labia minora and/or the labia majora and re-positioning it. This type of FGM is experienced by approximately 10% of all affected women. Once, the infibulated woman gets married, she may cut open the seal.
• Type 4:- This includes all other types of harmful procedures being carried out, for instance, by piercing, scraping, pricking, cauterization or incising.

The practice is prevalent in Africa, Asia and the Middle East.

Now, you must be thinking, "Is it also practised in India?" The answer is Yes (unfortunately). The dark secret of ‘khafz’/'khafd' (the term used in India) in India was previously thought to be prevalent only in the African countries. The practice has been well documented across the world, however, in India, there is a veil of secrecy and no official data exists which could indicate its prevalence. In India, it is widely practised in the Dawoodi Bohra community, a sect of Shia Muslims. The members of this community can be found in areas of Gujrat, Rajasthan, Maharashtra, M.P. and Kerala. Female genital mutilation and cutting are happening in every continent except for Antarctica. It is a global problem and deserves a global response. The practice is prevalent in many countries but we have research and data coming from only about 30. We need to get more data from all corners of the world and stop the silence on this issue.

A Testimony

A housewife based in Surat interviewed in the documentary says:-

It is a clandestine ritual which the males of the family do not know of. Khatna is practised blindly in the community even though the Quran has no mention of it. I have never questioned it but i have never found any pleasure in sex after khatna.

Question:- Can there be a safe way to perform FGM? No. It doesn't matter where or who performs the circumcision, it will lead to serious sexual, reproductive and mental health repercussions. The effect may vary depending upon the form of FGM which has been carried out, and the expertise of the one practising it. But even if it is carried by the designated community member or the 'medicalized FGM', it WILL have serious consequences to the health of the girl.

Why is it performed?

The practise of Female Genital Mutilation is a traditional practice and its roots are unclear. The reasons for the practice of Khafd in India are staged similarly throughout the world. The following are some of the reasons:-

• The practice aims to 'regulate female sexuality and moderate sexual desires’
• The girl will preserve her virginity until marriage and keep her sexual organs clean.
• It is also widely believed that the clitoris connotes maleness and the prepuce of the penis connotes femaleness. Those who hold these beliefs, therefore, insist that both be removed before a person is accepted as an adult.
•  Female genital mutilation is perpetrated because it gives men power over women as a group.
• It is additionally claimed that female genitalia is ugly and dirty and must be removed to enhance beauty and cleanliness.

Impact of FGM:

According to the World Health Organization, some of the key facts which must be highlighted here are:-

The practise has no health benefits for girls and women.

More than 200 million girls and women alive today have been cut in 30 countries in Africa, the Middle East and Asia where FGM is concentrated 

Treatment of health complications of FGM in 27 high prevalence countries costs 1.4 billion USD per year.

There is NO "safe" FGM.

FGM is a painfully tolerated and forcibly performed activity, which is crude and unhygienic. The traditional practice has no universally accepted indication and mode. It only degrades the sexuality of a woman leaving her with adverse psychological effects like Post-Traumatic Stress Disorder (PTSD) and other affective disorders.

Case Brief (Sunita Tiwari v Union of India)- (Pending)

Ref:- WP (C) 286/2017

The Court in this matter will decide on the issue of whether or not the practice of Female Genital Mutilation should be banned? The matter will be taken in light of the practice of FGM in the Dawoodi Bohra community. Also, this case has been tagged with the Sabarimala Review Petitions. It is important for us to understand the claims made in this ongoing case, and the arguments raised in favour and raised against the FGM ban.

Arguments in Favour of the Ban

Sunita Kumari, who is a human rights advocate had filed this PIL urging the SC for a ban to be placed on the practice of FGM. She argues that the practice is discriminatory against women and violates the right to equality, right to privacy, and right to personal liberty of Dawoodi Bohra women’s.

The focus was also placed on the WHO report which clearly states FGM as a gross violation of the human rights of girl and women. It also violates the Universal Declaration of Human Rights and the fundamental guarantees provided in it. Several countries including the United States of America, the United Kingdom, Australia, and several African countries have banned FGM. India does not have a specific law banning FGM.

Apart from the fundamental rights, and legal aspects, the health repercussions were also highlighted. There are many immediate health complications including shock, haemorrhage, infections and psychological consequences and long term health risks such as chronic pain, infections, cheloids formation, primary infertility and birth complications, etc.

Arguments Against the Ban

According to the association of the Dawoodi Bohra community:-

The 70,000 women we represent are grateful that their right to practice is being defended and that Dr Singhvi and Meenakshi Arora could challenge the misconceptions the community is facing with reference to its essential religious practice.

The advocates involved in this case are of the view that the practice of Khafz/FC does not in any manner attempt to repress the sexuality or sexual desires of a woman. Some say feminine hygiene demands it, while others argue it's tradition, while there are those who don't question it at all.

The majority of Dawoodi Bohras are opposed to a ban. They argue that circumcision is a religious practice and hence is protected under Articles 25 and Article 26 of the Indian Constitution. They also disagree with the claim that their practice is discriminatory against women. Both women and men in the community are required to be circumcised. It has also been claimed that female circumcision is practised in a safe and non-mutilating manner by Dawoodi Bohras, and the relevancy of the WHO’s report was also questioned, given that it pertains to FGM, not circumcision.

Recent Update:-

On 24th September 2018, the Supreme Court released an order, where it was stated that the issue needs to be addressed to a larger bench considering the nature of the case and involvement of religious beliefs as well as questions on humanity, fundamental rights, etc.

It is contended that in the present time, Female Genital Mutilation (FGM) should be regarded as an offence of assault under the Indian Penal Code and unless such a provision is incorporated in the IPC appropriate directions should be issued to the Director Generals of State Police to take requisite measures so that such moral turpitude does not take place.

What could be done?

Is there any single stop solution to this issue? No. The practice of Female Genital circumcision needs to be ended with an approach which is more holistic and doesn't just involve a particular statute or law. Educating the girls and the community members about the serious consequences will not be enough. As rightly pointed out by Abdel Tawab (Director- Population Council-Egypt), it will surely be a good starting point, but the efforts need to be accompanied with the need of Doctors who can spread the word that it is not necessary. We cant copy-paste the approach taken by Sudan, as different countries need a different and more tailored method to address this issue.

Subjective Perception

According to my understanding and reading, there is still a lot of silence on the issue of FGM. Many religious leaders in the community are against this argument but their arguments are just smoke and mirrors. It is the need of the hour to increase the awareness of such traditions which is detrimental to society and humanity. A much broader question to this issue is why the female body is subjected to so much "abuse and indignity". We need to take strong exception to the imperialist, racist and dehumanizing infantilization of women and the girl child.

The call to action includes the need to provide security and protection, targeted research and resources to enable health and emotional wellbeing as well as post-trauma support, need to respond effectively to adaptations to the practice which continue to violate women’s rights, such as medicalisation, cross-border practices, and lowering the age at which FGM/C is carried out. The activists will also have to work in partnership with the community members, governments, donors, multilateral bodies and others to end this practice.

Thus, It is nothing but "a cruel, medieval practice" which needs urgent attention to remove the veil of silence and bringing together voices of women who suffered the cruel practice.

For further reading, you may refer to:-

Please watch the Documentary:- A pinch of skin, by Priya Goswami

Update on the PIL Sunita Tiwari vs Union of India on behalf of the 70000+ WOMEN of the DBWRF:- https://dbwrf.org/blog_details/16#

Copy of the PIL filed:- https://scobserver-production.s3.amazonaws.com/uploads/case_document/document_upload/411/FGM.pdf

WHO Key Facts:- https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation