1

UNIVERSITY INSTITUTE OF LAWS,

PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA

FEMALE GENITAL MUTILATION:

HUMAN RIGHTS ISSUE

CLASS: B.A.ll.b (Hons.) 9th SEMESTER

SUBMITTED TO: SUBMITTED BY:

Dr. ADITI SHARMA AKASH GARG (04/16 F)

ANKITA SHARMA (07/16 F)

GARIMA JASWAL (12/16F)

GURWINDER SINGH (15/16F)

ISHA SOOD (20/16 HSP)

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TABLE OF CONTENTS

S. No. TOPIC PAGE No.

01 Acknowledgemnt 03
02 Introduction 04
03 Meaning And Historical Evolution 05
04 Classification Of Fgm 08
05 Medical Persperctive On Fgm 10
06 Human Rights Violations 12
07 International Issue
08 National Perspective
09 Reccommendations For Governments
10 Conclusion

ACKNOWLEDGEMENT
We would like to express our special thanks of gratitude to our Professor, Dr. Aditi Sharma who gave
us the golden opportunity to do this wonderful assignment on the topic: FEMALE GENITAL
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MUTILATION: HUMAN RIGHTS ISSUE which also helped us in doing a lot of Research and we
came to know about so many new things. We are really thankful. Our deepest gratitude goes out to our
Teachers, we have been amazingly fortunate to have advisors who gave us the freedom to explore on
our own and at the same time the guidance to recover from where our steps faltered.

Secondly, we would also like to thank our parents and friends who helped us a lot in finalising this
project within the limited time frame. We owe our gratitude to all those people who have made this
project possible and because of whom our experience has been one that we will cherish forever.

THANK YOU

INTRODUCTION
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Genital Mutilation is an act against Humanity. Female genital mutilation/cutting is a form of violence
against women and girls. It includes all procedures that involve the partial or total removal of external
genitalia or other injury to the female genital organs for non-medical reasons. Whereas male genital
mutilation (MGM), often referred to as ‘male circumcision’, comprises all procedures involving partial
or total removal of the external male genitalia or other injury to the male genital organs whether for
cultural, religious or other non-therapeutic reasons.

Female genital mutilation has been reported to occur in all parts of the world, but it is most prevalent
in the western, eastern, and north-eastern regions of Africa, some countries in Asia and the Middle
East and among certain immigrant communities in North America and Europe. Female genital
mutilation has no known health benefits. On the contrary, it is known to be harmful to girls and women
in many ways.

Communities that practise female genital mutilation report a variety of social and religious reasons for
continuing with it. Seen from a human rights perspective, the practice reflects deep-rooted inequality
between the sexes, and constitutes an extreme form of discrimination against women. Female genital
mutilation is nearly always carried out on minors and is therefore a violation of the rights of the child.
The practice also violates the rights to health, security and physical integrity of the person, the right to
be free from torture and cruel, inhuman or degrading treatment, and the right to life when the
procedure results in death.

It violates several human rights outlined under the Universal Declaration of Human Rights, the
Convention on the Elimination of all Forms of Discrimination against Women, and the Convention on
the Rights of the Child. Human rights-based approaches to eradication include, but are not limited to,
the enforcement of laws, education programs focused on empowerment, and campaigns to recruit
change agents from within communities. Many regional human rights agreements, national policies,
and state/provincial policies also take up the issue of FGM, though we focus here on international and
national policies and efforts.

MEANING OF FEMALE GENITAL MUTILATION

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Female genital mutilation (FGM) involves the partial or total removal of external female genitalia or
other injury to the female genital organs for non-medical reasons or cultural reasons. FGM can cause
severe bleeding and problems urinating, and later cysts, infections, as well as complications in
childbirth and increased risk of newborn deaths. It can lead to not only immediate health risks, but also
to long-term complications to women’s physical, mental and sexual health and well-being.

The practice is mostly carried out by traditional circumcisers, who often play other central roles in
communities, such as attending childbirths. In many settings, health care providers perform FGM due
to the belief that the procedure is safer when medicalized.

HISTORICAL EVOLUTION
Justification for performing FGC/M appears to be a deeply rooted and ancient custom. The exact
origin of female genital mutilation (FGM) has remained unclear. Some scholars have proposed
Ancient Egypt (present-day Sudan and Egypt) as its site of origin, noting the discovery of circumcised
mummies from fifth century BC. Other scholars theorize that the practice spread across the routes of
the slave trade, extending from the western shore of the Red Sea to the southern, western African
regions, or spread from the Middle to Africa via Arab traders. The practice was also implemented on
female slaves in Ancient Rome, deterring recipients from coitus and subsequent pregnancy. The
practice of this custom in ancient Egypt was reported by Herodotus (500 B.C.) and Strabo, the Greek
geographer. Herodotus reported 500 years BC that female circumcision was practiced by Phoenicians,
Hittites, Ethiopians as well as the Egyptians.

With its widespread prevalence, a “multi-source origin” has also been proposed, claiming that FGM
spread from “original cores” by merging with preexisting initiation rituals for men and women.
Despite the perplexity surrounding its origin, the practice of FGM endears across the globe, serving
several theoretical purposes for the communities that propagate its practice.

Practice in India

Female genital mutilation or cutting as it is practiced in India is known as “khatna” or “khafz”, and
involves the removal of the clitoral hood or the clitoris. This practice is common amongst the Bohra
community, whose members live in Gujarat, Maharashtra, Rajasthan, Madhya Pradesh and Kerala.
The Bohra community is estimated to be one million strong in India; many also live outside India. In
Kerala, the practice is referred to as sunnathkalyanam among various sects and also practiced among
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Christians. Khatna is considered as a religious obligation by the Bohras and is associated with purity
and piety. It is believed that the clitoral-head is ‘immoral lump of flesh’, that it is a ‘source of sin’
which makes women go ‘astray’ out-of their marriages and is removed to “suppress” the sexual urges.

Bohra is a Shia Muslim sect that migrated to India  from Yemen in the 12th century. Their custom of
FGM probably originated in Yemen as it’s still a widespread practice there. Perhaps what shocks most
is that this practice is being carried out among the Bohras who are regarded as a progressive,
prosperous and well-educated community.

In the community, the clitoris part of a woman's vagina is also known as 'haraam ki boti' or 'source of
sin' or more simply, 'unwanted skin'. The idea behind cutting off this part of the vagina is padded with
centuries of patriarchy--if a woman knows the pleasure, she can receive through it, she might go
"astray" in the marriage, or bring "shame" to the community.

In 2015 a group of women launched ‘Sahiyo’ meaning ‘female friend,’ an online platform that aims to
create a safe, women-supported space for Bohra FGM survivors to share their personal stories and to
lobby support via a petition for a law to ban FGM in India.  As there is no law in India banning FGM,
a survey by Sahiyo indicates that the ratio of Bohra girls who have been subjected to FGM could be
as high as 80 per cent. The survey also includes Bohra women in the US, UK and Australia. After
India, the second highest proportion of women in the survey, which is 31 percent, are from US.

REASONS BEHIND FGM PRACTICE

In every society in which it is practiced, female genital mutilation is a manifestation of deeply

entrenched gender inequality. Where it is widely practiced, FGM is supported by both men and
women, usually without question, and anyone that does not follow the norm may face condemnation,
harassment and ostracism. It may be difficult for families to abandon the practice without support from
the wider community. In fact, it is often practiced even when it is known to inflict harm upon girls
because the perceived social benefits of the practice are deemed higher than its disadvantages.

The reasons given for practicing FGM fall generally into five categories:

1. Psychosexual reasons: FGM is carried out as a way to control women’s sexuality, which is

sometimes said to be insatiable if parts of the genitalia, especially the clitoris, are not removed. It is
thought to ensure virginity before marriage and fidelity afterward, and to increase male sexual
pleasure.
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2. Sociological and cultural reasons: FGM is seen as part of a girl’s initiation into womanhood and
as an intrinsic part of a community’s cultural heritage. Sometimes myths about female genitalia (e.g.,
that an uncut clitoris will grow to the size of a penis, or that FGM will enhance fertility or promote
child survival) perpetuate the practice.
3. Hygiene and aesthetic reasons: In some communities, the external female genitalia are considered
dirty and ugly and are removed, ostensibly to promote hygiene and aesthetic appeal.

4. Religious reasons: Although FGM is not endorsed by either Islam or by Christianity, supposed

religious doctrine is often used to justify the practice.

5. Socio-economic factors: In many communities, FGM is a prerequisite for marriage. Where women
are largely dependent on men, economic necessity can be a major driver of the procedure. FGM
sometimes is a prerequisite for the right to inherit. It may also be a major income source for
practitioners.

CLASSIFICATION OF FGM
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The World Health Organization (WHO) describes four main types of female genital mutilation:1

Type 1: Clitoridectomy

In this practice, the clitoris is partially or completely removed. The clitoris is the most sensitive
erogenous zone of a woman and the main cause of her sexual pleasure. It is a small erectile part of the
female genitalia. Upon being stimulated, the clitoris produces sexual excitement, clitoral erection, and
orgasm.

Type 2: Excision

The clitoris and labia minora are partially or completely removed. It may also include the removal of
the labia majora. The labia are the lips that surround the vagina.

Type 3: Infibulation

The vaginal opening is narrowed, and a covering seal is created. The inner or outer labia are cut and
repositioned. This practice may or may not include the removal of the clitoris. Other procedures
include cauterizing, scraping, incising, pricking, or piercing the genital area, for reasons other than
medical purposes.

Type 4: Any Other

The WHO describes this type as “all other harmful procedures to the female genitalia for non-medical
purposes” and includes practices including pricking, piercing, incising, scraping, and cauterizing the
genital area.

COMPLICATIONS

Removing normal, healthy genital tissue does not provide any health benefits, and undermines a
woman’s natural functions. It can also lead to complications. The exact number of fatalities due to
FGM is not known, but in parts of Somalia where there are no antibiotics, it has been suggested that 1
in 3 girls who undergo the operation die because of the practice.2

Complications that can occur during or soon after FGM procedures include:

 Bleeding

 Bacterial infection

1
<https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation> [Accessed 26 December 2020].
2
<https://www.medicalnewstoday.com/articles/241726> [Accessed 26 December 2020].
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 Open sores in the genital area

 Urine retention and other urinary problems

 Damage to nearby genital tissue

 Severe pain, possibly leading to a loss of consciousness

Common long-term complications include:

 Recurrent bladder infections

 cysts

 infertility

 Increased risk of newborn deaths

 Higher rate of childbirth complications

There may also be a need for further surgery. If the opening has been narrowed, it will need to be
reopened before marriage to enable sexual intercourse and childbirth. In some cultures, this opening
and narrowing is done several times throughout a female’s life.3

MEDICAL PERSPERCTIVE ON FGM

3
<https://www.medicalnewstoday.com/articles/241726> [Accessed 26 December 2020].
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In an FGM practicing society a girl cannot be considered as an adult unless she has undergone FGM. It
is done because it always has been done. It is also performed to identify a gender identity. For a girl to
be considered a complete woman FGM is often deemed necessary. FGM marks the divergence of the
sexes concerning their roles in life and marriage. FGM is supported by the widespread belief that the
human body is androgynous at birth. To ensure adulthood, girls must be relieved of their male part, the
clitoris and or/labia. Excision of such parts of a woman’s body is thought to enhance the girl’s
feminity.

FGC/M is also performed with the wrong assumption that it controls women’s sexuality and
reproductive functions and reduces women’s desire for sex. One of the reasons given to support FGM
in some cultures is enhancement of the man’s sexual pleasure. Cleanliness and hygiene are frequently
quoted as justifications for FGM. Circumcision is also quoted to promote virginity and chastity and
guards young girls from sexual frustration by deadening their sexual desire.4

Risks of FGM/C on medical grounds:

FGM/C is physically invasive, emotionally damaging, and is associated with complications that may
seriously affect the reproductive health of women and increase the risks for the unborn child. FGM/C
violates human right to the highest attainable standard of health and to bodily integrity. 5 FGM/C is
associated with the potentials of localized infection or abscess formation, septicemia, tetanus,
hemorrhage, shock, death, acute retention of urine, and contraction of hepatitis and/or HIV particularly
when it is performed in non-sterile settings. Although the medicalization of FGM/C may reduce the
incidence of these acute complications, it has no effect on the incidence of late gynecological and
obstetric complications. The gynecological complications of FGM/C include sexual dysfunction,
apareunia, superficial dyspareunia, chronic pain, scar formation, dysmenor-rhea and vaginal laceration
during sexual intercourse, difficulty passing urine, and difficulty during gynecological or urological
examination and procedure.6

A multi centric study by WHO had shown that there are increased relative risks for cesarean delivery,
postpartum hemorrhage, extended maternal hospital stay, infant resuscitation, and stillbirth or early
neonatal death. FGM is mostly performed to emphasize a cultural identity.

FGM and informed consent:

FGM/C is a surgical procedure and the code of medical ethics necessitates obtaining free informed
consent from the patient before performing the procedure. The majority FMC/M procedures are

4
<https://www.medicalnewstoday.com/articles/241726> [Accessed 26 December 2020].
5
<https://www.who.int/health-topics/female-genital-mutilation#tab=tab_1> [Accessed 26 December 2020].
6
<https://www.medicalnewstoday.com/articles/241726> [Accessed 26 December 2020].
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performed on girls between ages of 4 and 14 years or sometimes young infants. All these victims are
non-capable of autonomy and consequently cannot give their free informed consent.

Even when FGM/C is performed on adult women they are not included in the decision making process
and the midwife and female relatives are usually behind the decision to perform re-infibulation. This
may protect them from being deserted or divorced by their husbands. Lack of women’s rights and
economic dependence on men influences a woman’s acceptance of re-infibulation.

Who performs FGM:

While FGC/M is usually performed by traditional healers, barbers or dayas on young girls or infants.
Re-infibulation is usually performed by doctors or midwives between 2 h and 40 days after delivery. It
may also be performed following gynecological or urological operations on the vagina, cervix, uterus
urethra and bladder. A worrying trend is that, FGM/C is increasingly performed by health
professionals.7 They claim that they are fulfilling the cultural demands of the community, enhancement
of women’s value in the society and respecting patients’ cultural rights since some of those making the
decisions are of mature age and capable of autonomy.

However, the real reason is that it is a source of income for those who perform it; the fees are high,
especially in countries where it is illegal. It is also argued that when the procedure is performed by
health care providers the incidence of complications is significantly reduced but not eliminated. It is
often quoted that women who undergo re-infibulation are adult consenting women who are fully
capable of autonomy.

FGM – VIOLATION OF HUMAN RIGHTS

Female genital mutilation of any type has been recognized as a harmful practice and a violation of the
human rights of girls and women Human rights civil, cultural commit, political and social are codified
in several international and regional treaties. The legal regime is complemented by a series of political
consensus documents, such a thon resulting from the United Nations world conferences and summits,
which reaffirm human rights and call upon governments to strike for their full respect, protection and
fulfillment.

7
Serour GI. The issue of reinfibulation. International Journal of Gynae-cology and Obstetrics 2010;109 (May (2)):93–6.
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Many of the United Nations human rights treaty monitoring bodies have addressed female genital
mutilation in their concluding observations on how States are meeting their treaty obligations. The
Committee on the Elimination of All Forms of Discrimination against Women, the Committee on the
Rights of the Child and the Human Rights Committee has been active in condemning the practice and
recommending measures to combat it, including the criminalization of the practice. The Committee on
the Elimination of All Forms of Discrimination against Women issued its General Recommendation
on Female Circumcision (Genera Recommendation No. 14) that calls upon states to take appropriate
and effective measures with a view to eradicating the practice and requests them to provide
information about measures being taken to eliminate female genital mutilation in their report to the
Committee (Committee on the Elimination of All Form of Discrimination against Women, 1990).

INTERNATIONAL AND REGIONAL SOURCES OF HUMAN RIGHTS

Strong support for the protection of me right of women and girls to abandon female genital mutilation
is found in international and regional human rights treaties and consensus documents. These include,
among others:

International treaties

•Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
•Covenant on Civil and Political Rights
•Covenant on Zoonotic, Social and Cultural Rights
•Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
•Convention on the Rights of the Child
•Convention relating to the Status of Refugees and its Protocol relating to the Status of Refugees

Regional treaties

•African Charter on Human and Peoples’ Rights(the Banjul Charter) and its Protocol on the Rights of
Women Africa
•African Charter on the Rights and Welfare on the Child
•European Convention for the Protection of Human Rights and Fundamental Freedoms

Consensus documents

•Beijing Declaration and Platform for Action of the Fourth World Conference on Women
•General Assembly Declaration on the Elimination of Violence against Women
•Programme of action of the International Conference on Population and Development (ICPD)
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•UNESCO Universal Declaration on Cultural Diversity

•United Nations Economic and Social Council (ECOSOC), Commission on the Status of Women,
Resolution on Ending Female Genital Mutilation.

MAJOR INTERNATIONAL HUMAN RIGHTS VIOLATED BY FGM

As noted above, FGM has for decades been recognized as a danger to women’s health. Since the
1980s, the practice has increasingly An Advocate’s Guide to Action 13 been considered a human
rights violation. Addressing FGM as a violation of international human rights law places responsibility
for the practice with governments, who have a duty to ensure the enjoyment of human rights in their
jurisdictions. Subjecting girls and women to FGM violates a number of rights protected in
international and regional instruments. These rights include the right to be free from all forms of
gender discrimination, the rights to life and to physical integrity, the right to health, and children’s
right to special protections.

1. The Right to be Free from Gender Discrimination

The right to be free from gender discrimination is guaranteed in numerous international human rights
instruments. Article 1 of CEDAW takes a broad view of discrimination against women, defining it as
“any distinction, exclusion, or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil, or any other field.” 8 FGM is a practice aimed primarily at
controlling women’s sexuality and subordinating their role in society. When a woman undergoes
FGM, she is a victim of discrimination based on sex that compromises the recognition and enjoyment
of her fundamental rights and liberties. The impact of FGM on women’s human rights is recognized
explicitly in the recently adopted African Protocol on Women’s Rights, which requires all states
parties to prohibit and condemn “all forms of harmful practices which negatively affect the human
rights of women and which are contrary to recognised international standards.”9

2. The Rights to Life and to Physical Integrity

The rights to life and to physical integrity are considered core human rights. The right to life is
protected by a number of international instruments, including the Civil and Political Rights Covenant.

8
CEDAW, supra note 12, art. 1.
9
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, 2nd Ordinary Sess., Assembly of the Union, adopted July 11,
2003, art. 5 [hereinafter African Protocol on Women’s Rights].
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The Human Rights Committee, the body that monitors implementation of the Civil and Political Rights
Covenant, interprets the right to life as requiring governments to adopt “positive measures” to preserve
life.10 FGM can be seen to violate the right to life in the rare cases in which death results from the
procedure. The right to physical integrity, while often associated with the right to freedom from
torture, encompasses a number of broader human rights principles, including the inherent dignity of
the person, the right to liberty and security of the person, and the right to privacy. Acts of violence that
threaten a person’s safety, such as FGM, violate a person’s right to physical integrity. Also implicit in
the principle of physical integrity is the right to make independent decisions in matters affecting one’s
own body. An unauthorized invasion of a person’s body represents a disregard for that fundamental
right. Violations of the right to physical integrity are most obvious when girls and women are forcibly
restrained during the procedure. No less compromising of physical integrity is the subjection of non-
protesting girls and women to FGM without their full, informed consent.

3. The Right to Health

Under Article 12 of the Economic, Social and Cultural Rights Covenant, individuals are entitled to
enjoy “the highest attainable standard of physical and mental health.” The Committee on the
Elimination of Discrimination against Women (CEDAW Committee), the body that monitors
implementation of CEDAW, in its recent General Recommendation on Women and Health, An
Advocate’s Guide to Action 15 recommended that governments devise health policies that take into
account the needs of girls and adolescents who may be vulnerable to traditional practices such as
FGM. The complications associated with FGM often have severe consequences for a woman’s
physical and mental health. But even in the absence of complications, where FGM results in the
removal of bodily tissue necessary for the enjoyment of a satisfying and safe sex life, a woman’s right
to the “highest attainable standard of physical and mental health” has been compromised. In addition,
subjecting a person to health risks in the absence of medical necessity should be viewed as a violation
of that person’s right to health.

HUMAN RIGHTS VIOLATED BY FEMALE GENITAL MUTILATION

Female Genital Mutilation violates a series of well-established human rights principles, norms and
standards, including the principles, norms and standards, including the principles of equality and non-
discrimination on the basis of sex, the right to life when the procedure result in death, and the right to
freedom from torture or cruel, inhuman or degrading treatment or punishment as well as the rights

10
Human Rights Committee, General Comment No. 6: The right to life (art. 6), para. 5 (1982).
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identified below. As it interferes with healthy genital tissue in the absence of medical necessity and
can lead to severe consequences for women’s physical and mental health, female genital mutilation is a
violation of a person’s right to the highest attainable standard of health.

Female genital mutilation has been recognized as discrimination based on sex because it is rooted in
gender inequalities and power imbalances between men and women and inhibits women’s full and
equal enjoyment of their human rights.

It is a form of violence against girls and women, with physical and psychological consequences.
Female genital mutilation deprives girls and women from making an independent decision about an
intervention that has a lasting effect on their bodies and infringes on their autonomy and control over
their lives.

The Right to participate in cultural life and freedom of religion are protected by international law.
However, international law stipulates that freedom to manifest one’s religion or beliefs might be
subject to limitations necessary to protect the fundamental rights and freedom of others. Therefore,
social and cultural claims cannot be evoked to justify female genital mutilation.

VIOLATION OF THE RIGHTS OF THE CHILD

Because of children's vulnerability and their need for care and support, human rights law grants them
special protection. One of the guiding principles of the Convention on the Rights of the Child is the
primary consideration of the best interests of the child. Parents who take the decision to submit their
daughters to female genital mutilation perceive that the benefits to be gained from this procedure
outweigh the risks involved. However, this perception cannot justify a permanent and potentially life-
changing practice that constitutes a violation of girls' fundamental human rights.

The Convention on the Rights of the Child refers to the evolving capacity of children to make
decisions regarding matters that affect them. However, for female genital mutilation, even in cases
where there is an apparent agreement or desire by girls to undergo the procedure, in reality it is the
result of social pressure and community expectations and stems from the girls' aspiration to be
accepted as full members of the community. That is why a girl's decision to undergo female genital
mutilation cannot be called free, informed or free of coercion.

Legal instruments for the protection of children's rights specifically call for the abolition of traditional
practices prejudicial to their health and lives. The Convention on the Rights of the Child makes
explicit reference to harmful traditional practices and the Committee on the Rights of the Child, as
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well as other United Nations Human Rights Treaty Monitoring Bodies, have frequently raised female
genital mutilation as a violation of human rights, calling upon State Parties to take all effective and
appropriate measures to abolish the practice.

INTERNATIONAL PERSPECTIVE
Background

Most contemporary human rights are based on international treaties signed by governments in the post-
World War II era. In general, these treaties sought to establish universal standards by recognizing
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fundamental rights and requiring governments to take action to ensure that such rights are respected.
The standards set by governments around the world in their own countries are key to the development
of human rights norms.11 Since national level laws and policies may also incorporate human rights
principles and develop these norms, domestic laws are important tools for interpreting international
legal standards. Despite the expansion of the human rights field to address social concerns, the means
by which to enforce human rights remain limited. National courts are the first step in enforcing human
rights principles. To create accountability at the international level, the United Nations human rights
system has set in place procedures for reporting on current human rights conditions in nations around
the world. This system sets human rights standards, monitors compliance, and makes
recommendations to governments for future action to ensure human rights.

Three of the earliest and most authoritative human rights instruments are the Universal Declaration of
Human Rights (the Universal Declaration) 12, the International Covenant on Civil and Political
Rights (the Civil and Political Rights Covenant) 13,and the International Covenant on Economic,
Social and Cultural Rights Female Genital Mutilation (the Economic, Social and Cultural
Rights Covenant).

Strong legal support for the right of women and girls to abandon FGM is also found in more recent
treaties, such as the Convention on the Elimination of all Forms of Discrimination against Women
(CEDAW) and the Convention on the Rights of the Child (Children’s Rights Convention).

These international treaties have been supplemented by regional treaties, including the African
Charter on Human and Peoples’ Rights (the Banjul Charter) and the European Convention for
the Protection of Human Rights and Fundamental Freedoms (the European Convention), which
contain provisions protecting the rights of women and girls. Nearly all of the African countries in
which FGM is practiced are parties to the Banjul Charter.

ADDITIONAL SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW INCLUDE:

• Declarations and resolutions adopted by inter-governmental international organizations, such as

the Declaration on the Elimination of Violence Against Women, which has been adopted by the
General Assembly and which characterizes FGM as a form of violence; and

11
FRANK NEWMAN & DAVID WEISSBRODT, INTERNATIONAL HUMAN RIGHTS: LAW, POLICY AND PROCESS 23 (2d ed. 1996); LOUIS HENKIN ET
AL., INTERNATIONAL LAW, CASES AND MATERIALS 617 (3rd ed. 1993).
12
Universal Declaration of Human Rights, adopted December 10, 1948, G.A. Res. 217A(III), U.N. Doc. A/810 (1948) [hereinafter Universal Declaration].
13
International Covenant on Civil and Political Rights, adopted December 16, 1966, 999 U.N.T.S. 171 (entry into force March 23, 1976) [hereinafter Civil and
Political Rights Covenant].
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• Documents adopted at international and regional conferences. These include the Programme of
Action of the ICPD17 and the Beijing Declaration and Platform for Action,18 both of which call
upon governments to take action against FGM. It is important to recognize that most of the human
rights protected in international and regional instruments may also be enshrined in national-level
legal instruments. Consequently, human rights advocates may be able to rely on these national
level instruments without invoking international norms.

EXECUTIVE SUMMARY

 The official global picture of FGM/C is incomplete:

According to official UNICEF figures (2020), FGM/C affects at least 200 million women and girls in
31 countries worldwide. This figure only includes countries where there is available data from large-
scale representative surveys, which consist of 27 countries from the African continent, as well as Iraq,
Yemen, the Maldives and Indonesia. It is widely acknowledged that this presents an incomplete picture
of this global phenomenon. The current, already worrying numbers are a woeful under-representation
since they do not take into account numerous countries where nationwide data on FGM/C prevalence
is not available.

If we want to achieve worldwide eradication of FGM/C by 2030, we must measure FGM/C prevalence
in every country and accelerate global efforts to end this harmful practice.

 FGM/C is present on every continent except Antarctica:

As this report shows, there is growing evidence that FGM/C takes place across the world, in numerous
countries in Africa, Asia, the Middle East, Latin America, Europe, and North America, among
indigenous and/or diaspora communities. Indirect estimates, small-scale research surveys and
anecdotal evidence documenting the practice have been produced by survivors of FGM/C,1 activists,
and grassroots organizations who are courageously working to end FGM/C across the globe. With this
evidence, they have provided support to affected women and girls and advocated with policymakers,
courts, and local authorities to introduce and enforce legal and policy frameworks against FGM/C. In
2019 alone, new studies documenting the practice of FGM/C in Sri Lanka, Saudi Arabia, and Malaysia
have been published. In addition, a nationally representative survey from the Maldives was published
in 2019 providing concrete evidence of the practice of FGM/C within the country.

 FGM/C is present in at least 92 countries all of which need to be under the international
spotlight:
 19

As this report will show, there are 32 countries where nationally representative data on FGM/C is
available.14 In addition, there are at least 60 other countries where the practice of FGM/C has been
documented either through indirect estimates (usually used in countries where FGM/C is mainly
practiced by diaspora communities), small-scale studies, or anecdotal evidence and media reports. This
report, while not aiming to be an exhaustive review of all data on FGM/C clearly shows that FGM/C is
a global practice that requires a global response. If we want to achieve worldwide eradication of
FGM/C by 2030, we must measure FGM/C prevalence in every country and accelerate global efforts
to end this harmful practice.

 Lack of global awareness results in a lack of global action and investments:

Despite the strong and continuously developing evidence base on the global presence of FGM/C,
levels of awareness among the public and government officials regarding the global nature of the
practice of FGM/C remain low. Activists and groups working to end FGM/C face monumental
challenges in their work, compounded in many cases by the lack of reliable data, insufficient support
and funding from the international community, and reluctance of national governments to take action
on the issue, particularly in countries which are not traditionally known as FGM/C practicing
countries. It is widely acknowledged that efforts to end FGM/C are severely under resourced and
require urgent investment. While the majority of the current funding is concentrated in a limited
number of countries in the African region, the responses are still extremely under-resourced in these
countries. Asia, the Middle East, and Latin America receive little to no investment. In these regions,
several governments do not yet acknowledge (and in some cases even openly deny), the presence of
FGM/C in their countries, thus undermining, and sometimes openly discrediting, the work of local
survivors and activists.

 Only 51 countries have laws against FGM/C across the world:

The lack of political will and awareness of the existence of FGM/C worldwide impacts the availability
of protective measures for women and girls who are at risk. Out of the 92 countries with available data
on FGM/C, only 51 have specifically addressed FGM/C within their national legal framework.
Officially recognizing FGM/C as a violation (whether in a standalone anti-FGM/C law or through
specific provisions in existing laws) is arguably the first step to implementing national interventions to
eradicate it and protect women and girls. Laws against FGM/C are most common in the African
continent as well as countries where FGM/C is largely known to be practiced by diaspora communities

14
This includes the 31 countries covered in UNICEF data, as well as Zambia. For more details please refer to the section on ‘Countries with available data on
FGM/C from nationally representative surveys’ in the chapter titled ‘The Global Picture of FGM/C’.
 20

including in Europe and North America. Asia and the Middle East lag behind in enacting legal
prohibitions against FGM/C.

LAWS ON FGM:
The data included on laws to end FGM/C relies partially on the report titled ‘The Law and FGM: An
Overview of 28 African Countries’ by Thomson Reuters Foundation and 28 Too Many (2018) and was
largely derived from the World Bank’s ‘Compendium of International and National Frameworks on
Female Genital Mutilation’ (Third Edition, 2019). Similar to the World Bank Compendium, this report
only includes references to national laws of countries where there is evidence of FGM/C being
practiced.

It is pertinent to note that the World Bank’s Compendium includes all countries that either have a
specific law/legal provision relating to FGM/C, as well as countries where FGM/C can potentially be
prosecuted under general criminal provisions. As this report is an FGM/C-specific advocacy report, it
only highlights countries that have either a specific law against FGM/C or a specific provision relating
to FGM/C in any of its laws. The conscious decision to exclude countries that have general criminal
provisions that can be used to prosecute FGM/C offenses (such as those which prohibit violence, acts
against bodily integrity, assault, harm, and the like) from the scope of this report was taken for the
following reasons:

 First, specific laws or legal provisions against FGM/C often operate as a declaration of political will
and demonstrate government commitment towards ending FGM/C. They lay down a norm that
FGM/C is a harmful practice that violates human rights, sending a strong message that the practice
is socially and legally unacceptable in the country. Having a specific provision addressing FGM/C,
as an official acknowledgment of the issue, is arguably the first step that leads to putting in place
comprehensive policies and the provision of adequate services at a national level to tackle this
harmful practice.

 Second, having FGM/C openly labeled as a criminal offense can act as a deterrent to the practice
and can be used as an educational and awareness-raising tool to sensitize affected communities and
contribute to behavioral change.

In the absence of a clear legal framework criminalizing FGM/C, the lack of political will, social
pressure to maintain the tradition of FGM/C, low levels of awareness relating to FGM/C and its harms,
and myriad other reasons results in little or no likelihood of FGM/C being tackled under general
 21

criminal provisions unless there is a specific government policy or directive requiring law enforcement
officials to undertake such prosecutions (e.g. in the case of France).

LAWS AGAINST FGM:

Of the population of 92 countries where FGM/C is practiced, across the various data categories, about
55% (51 countries total) have specifically prohibited FGM/C under their national laws, either through
a specific anti-FGM/C law or by prohibiting FGM/C under a criminal provision in other domestic laws
such as the criminal or penal code, child protection laws, violence against women laws or domestic
violence laws.

Laws against FGM/C are most common in the African continent with 55% of total laws globally
coming from the 28 countries in Africa that have enacted specific laws or specific legal provisions
against FGM/C.

Apart from the African continent, 41% of total laws against FGM/C are of countries where FGM/C is
most commonly practiced by diaspora communities, with 16 European countries, the U.S., Canada,
Australia, and New Zealand all having specific laws or legal provisions against FGM/C. Georgia has
also recently passed a law against FGM/C3 .

In contrast, in the Middle East, only Iraq (Kurdistan) and Oman have specific laws or legal provisions
banning FGM/C.15 In Asia, not a single country has enacted a specific legal prohibition against
FGM/C.16 There are also no specific laws or legal provisions against FGM/C in Latin America. 17 In
Georgia, FGM/C is commonly practiced by non-diaspora communities. Egyptian law also specifically
prohibits FGM/C. However, Egypt has been included as part of Africa as opposed to the Middle East
for the purposes of this report. Cyprus and Georgia have passed specific prohibitions against FGM/C.
Though Cyprus and Georgia are sometimes considered part of Asia, they are included within the
European continent for the purposes of this report as Cyprus is a member of the EU and Georgia is a
State Party to the Council.

The information presented within this report indicates that 78% of countries with data on FGM/C from
nationally representative surveys, have specifically prohibited FGM/C under their laws. On the other
hand, 58% of countries with data on FGM/C from indirect estimates have specifically addressed
FGM/C in their laws. However, it is relevant to note here that a handful of countries in Europe while

15
Egyptian law also specifically prohibits FGM/C. However, Egypt has been included as part of Africa as opposed to the Middle East for the purposes of this
report
16
Cyprus and Georgia have passed specific prohibitions against FGM/C. Though Cyprus and Georgia are sometimes considered part of Asia, they are included
within the European continent for the purposes of this report as Cyprus is a member of the EU and Georgia is a State Party to the Council.
17
In Georgia, FGM/C is commonly practiced by non-diaspora communities
 22

not having specific criminal prohibitions against FGM/C do include FGM/C under general criminal
provisions that prohibit violence, acts against bodily integrity, assault, harm and the like.

In countries with available data on FGM/C from small-scale research studies, only one country, Oman,
has prohibited FGM/C, bringing this category to a 7% adoption level. In contrast, 50% of countries
with available data on FGM/C from media reports and anecdotal evidence have passed laws against
FGM/C. Of the seven countries which have passed laws, four are African countries (where there is
generally greater awareness about FGM/C) and two are countries with significant diaspora
communities (New Zeland and Canada).

Further research beyond this report is needed to understand the relationship between the availability of
clear data on FGM/C within a country and the adoption of FGM/C laws, along with the impact of other
various contextual factors (i.e geographic location, measures of awareness) on this relationship.
23
24
 25

COUNTRIES WITH HISTORICAL EVIDENCE OF THE

PRACTICE OF FGM/C

In a number of countries, including Peru, Mexico, and Brazil, there is historical evidence of FGM/C
having taken place among the native population within the last generation. However, further research
is needed to confirm whether or not the practice has died out or if it persists. Further research is needed
in these countries to confirm whether FGM/C is still taking place or not.

Peru: The practice of introcision has been reported in the past among the Conibos, a division of Pano
Indians from Peru. (OHCHR, 1995). Introcision has been described as a practice where an elderly
woman using a bamboo knife “cuts around the hymen from the vaginal entrance and severs the hymen
from the labia, at the same time exposing the clitoris. Medicinal herbs are applied.” A documentary
film from 2017 (Chua) documents the existence of FGM/C among the Shipibo people in Peru in the
form of clitoridectomies (Type I FGM/C). Community members, however, reported that the practice
was last known to take place around forty years ago and that it had been abandoned by the community.
There is no recent evidence from Peru which documents the continued existence of FGM/C within the
country.

Brazil and Mexico: A report from the UN Office of the High Commissioner of Human Rights from
1995 reports the practice of “introcision” in Brazil and eastern Mexico (OHCHR, 1995). Introcision is
usually defined as the enlarging or tearing of the vaginal opening and in some cases the perineum as
well. Clitoridectomies (Type I FGM/C) have been reported in the past in Western Brazil and Mexico
until the late 1970s (Rushwan, 2013), though there is insufficient evidence to determine current
practice.

Introcision has also been historically documented among the Pitta-Patta indigenous people of Australia
(OHCHR, 1995). It is not known whether the practice continues to take place.

In addition, there is evidence of white communities in the U.S. and the U.K being subjected to
FGM/C, as doctors used to prescribe clitoridectomies (Type I FGM/C) as a cure for hysteria, mental
illness and masturbation in the nineteenth and twentieth centuries There are some recent anecdotal
reports regarding the practice of FGM/C within conservative Christian communities in the U.S..
However, there is no further data available.
 26

THE COMMISSION ON THE STATUS OF WOMEN

Recalling General Assembly resolutions, 56/128 of 19 December 2001, 58/156 of 22 December 2003
and 60/141 of 16 December 2005, 51/2 of the Commission on the Status of Women, and all other
relevant resolutions, as well as all relevant agreed conclusions of the Commission on the Status of
Women,18

Welcoming the initiative taken by the Secretary-General on 2 February 2008, to launch a multi-year
campaign to end violence against women,

Reaffirming that the Convention on the Rights of the Child and the Convention on the Elimination of
All Forms of Discrimination against Women, together with their Optional Protocols, constitute an
important contribution to the legal framework for the protection and promotion of the human rights
of girls,

Reaffirming also the Beijing Declaration and Platform of Action and the outcomes of the twenty-third
special session of the General Assembly, entitled “Women 2000: gender equality, development and
peace for the twenty-first century”,19 the Programme of Action of the International Conference on
Population and Development and the Programme of Action of the World Summit for Social
Development20 and their five and ten-year reviews, as well as the United Nations Millennium
Declaration9 and the commitments relevant to the girl child made at the 2005 World Summit,10

Recalling the entry into force on 25 November 2005 of the Protocol to the African Charter on Human
and People’s Rights on the Rights of Women of Africa, adopted in Maputo on 11 July 2003, which
contains, inter alia, undertakings and commitments on ending female genital mutilation and marks a
significant milestone towards the abandonment and ending of female genital mutilation,

Recalling also general recommendation , concerning female circumcision, adopted by the Committee
on the Elimination of Discrimination against Women at its ninth session; paragraphs 11, 20 and 24 (l)
of general recommendation , concerning violence against women, adopted by the Committee at its
eleventh session; paragraphs 15 (d) and 18 of general recommendation 24, concerning article 12 of
the Convention on the Elimination of All Forms of Discrimination against Women on women and
health, adopted by the Committee at its twentieth session, and taking note of paragraphs 21, 35, and
51 of general recommendation 14 concerning article 12 of the International Covenant on Economic,

18
Official Records of the Economic and Social Council, 2006, Supplement No. 7 (E/2006/27), chap. I.D; and ibid., 2007, Supplement No. 7 (E/2007/27 and
Corr.1), chap. I.D.
19
General Assembly resolution S-23/2, annex, and resolution S-23/3, annex.
20
Report of the World Summit for Social Development, Copenhagen, 6-12 March 1995 (United Nations publication, Sales No. E.96.IV.8), chap. I, resolution 1,
annex II.
 27

Social and Cultural Rights11 adopted by the Committee on Economic, Social and Cultural Rights at
its twenty second session,

Recognizing that female genital mutilation violates, and impairs or nullifies the enjoyment of the
human rights of women and girls,

Recognizing also that female genital mutilation is an irreparable, irreversible abuse that affects one
hundred to one hundred and forty million women and girls alive today, and that each year a further
three million girls are at risk of undergoing the procedure,

Reaffirming that harmful traditional or customary practices, including female genital mutilation,
constitute a serious threat to the health of women and girls, including their psychological, sexual and
reproductive health, which can increase their vulnerability to HIV and may have adverse obstetric
and prenatal outcomes as well as fatal consequences, and that the abandonment of this harmful
practice can be achieved only as a result of a comprehensive movement that involves all public and
private stakeholders in society,

Recognizing that negative discriminatory stereotypical attitudes and behaviors have direct
implications for the status and treatment of girls and that such negative stereotypes impede the
implementation of legislative and normative frameworks that guarantee gender equality and prohibit
discrimination on the basis of sex,

Welcoming the report of the Secretary-General on ending female genital mutilation, and the
recommendations contained therein,

Welcoming further the in-depth study of the Secretary-General on all forms of violence against
women, and the report of the independent expert for the United Nations study on violence against
children, and taking note of the recommendations therein,

Deeply concerned about discrimination against the girl child and the violation of the rights of the girl
child, which often result in less access for girls to education, nutrition and physical and mental health
care, in girls enjoying fewer of the rights, opportunities and benefits of childhood and adolescence
than boys and in their often being subjected to various forms of cultural, social, sexual and economic
exploitation and to violence and harmful practices, such as female infanticide, rape, incest, early
marriage, forced marriage, prenatal sex selection and female genital mutilation,

Welcoming the Call for Africa Free of Female Genital Mutilation, pledged at the Second Pan African
Forum on the Africa Common Position for Children: Mid-term Review, held in Cairo from 29
 28

October to 2 November 2007, as well as the adoption of the Call for Accelerated Action on the
Implementation of the Plan of Action towards Africa Fit for Children, 2008-2012.

FEMALE GENITAL MUTILATION (resolution WHA61.16)

 In response to resolution WHA61.16, the Secretariat is working with Member States, in
collaboration with international, regional and national partners, towards the elimination of the
practice of female genital mutilation. This report highlights progress since 2008, and the Executive
Board noted this progress report at its 128th session.21

 The Secretariat supported studies in several countries22 on the practice of female genital mutilation,
the aim of which was to collect information that would contribute to improving efforts to eliminate
the practice. In addition, the studies provided information about the care for those girls and women
who have undergone the practice. In eight countries across Africa and Asia, education and
information initiatives targeted special groups at the community level and through the mass
media.23

 As at November 2010, laws criminalizing the practice of female genital mutilation exist in 20
African countries, and in several states of two additional countries. Three countries have enacted
such laws since May 2008: Egypt (in 2008), Uganda (in 2009), and Sudan. Egypt and Djibouti have
strengthened existing laws and cases have been brought to court in several countries.Furthermore,
13 countries that receive immigrants from communities where female genital mutilation is practised
have introduced legislation against that practice.

 Four countries in Africa launched national plans of action against the practice of female genital
mutilation. Other governments issued public statements and improved the coordination of the
response to the practice. Furthermore, nine European countries have developed plans of action. The
European Parliament has adopted four resolutions on combating female genital mutilation, and in
2009 the European Union launched the “End Female Genital Mutilations” campaign.

 Community interventions were carried out in 16 countries by nongovernmental organizations,

governments and religious leaders, resulting in hundreds of communities publicly declaring their
intention to discontinue the practice.

21
See document EB128/2011/REC/2, summary record of the twelfth meeting, section 4.
22
Burkina Faso, Egypt, Gambia, Ghana, Kenya, Nigeria, Senegal, Sierra Leone and Sudan.
23
Côte d’Ivoire, Djibouti, Eritrea, Ghana, Indonesia, Mauritania, Nigeria and Sudan.
 29

 Intersectoral collaboration has increased. In 2008, the Regional Office for Africa conducted a mid-
term review of the regional plan of action (for the period 1996–2015) on the elimination of the
practice.4 Collaborative programmes and funding partnerships were formed between key
stakeholders, including organizations in the United Nations system, government ministries,
nongovernmental organizations, safe-motherhood projects, community and faith-based
organizations, and religious leaders. New cross-cutting collaborations were established in four
countries: in Burkina Faso and Sudan legal and human rights issues were the focus; and in Ethiopia
and Guinea the focus was regional networks with local governments, nongovernmental
organizations and civil society institutions.

 The Secretariat has updated its health-care guidelines for girls and women who have undergone
female genital mutilation, and prepared multimedia material for the training of health providers.
Clinical guidelines have been adapted and used by five African countries. In-service training on the
elimination of the practice and development of curricula for various health-care professionals on
their role were reported from two African countries.

 National helplines offering a support service to girls or women who have undergone female genital
mutilation have been established in Egypt and are being set up in Djibouti.

 Furthermore, there is evidence that the proportion of cases of female genital mutilation being
performed by health-care providers is increasing. A global strategy 24 to reverse this trend was
developed by the United Nations family and intergovernmental and international professional
associations.25 The strategy is being promoted at regional and country levels. In addition, networks
of physicians and professional organizations against female genital mutilation have been established
in five countries.

24
Global strategy to stop health-care providers from performing female genital mutilation. Geneva, World Health Organization, 2010 and New York, United
Nations Population Fund, 2010.
25
The International Federation of Gynecology and Obstetrics, International Council of Nurses, International Organization for Migration, Medical Women’s
International Association, World Confederation for Physical Therapy, and the World Medical Association.
 30

NATIONAL PERSPECTIVE ON FGM PRACTICE

There has been a widespread movement in India among the people to fight against the cruel practice
of FGM. There are various initiatives some of them are:

Organizations/NGOs
Sahiyo11 began a conversation between five women who felt strongly about the ritual of female
genital cutting (khatna) in the Bohra community. The group includes a social worker, a researcher,
two filmmakers and a journalist, all of whom are against practice of khatna. Sahiyo is dedicated to
empowering Dawoodi Bohra and other Asian communities to end female genital cutting (FGC) and
create positive social change.

By working towards an FGC-free world, they aim to recognize and emphasize the values of consent
and a child’s/woman’s right over her own body. They aim to enable a culture in which female
sexuality is not feared or suppressed but embraced as normal. Like Sahiyo there are many
organizations coming up to fight against this cruel practice.
286
Petitions for Change
Masooma Ranalvi, a victim of this practice began an online petition urging women to speak about it.
In a historic move 16 Dawoodi Bohra women who have all been subjected to FGM have signed the
petition openly in order to end this ritual. Since the group of like-minded women got together in 2015
under “Speak Out on FGM”, they have taken up several campaigns to reach out to the community.

They started with the very first petition which was named after their group that received 80,000
signatures. Another campaign called “Not My Daughter”, started in April, had over 150 Bohra
mothers and fathers pledging that they will not put their daughter through the suffering. Ranalvi has
joined the movement with a campaign called “Each One Reach One”, to spread awareness on female
genital cutting among Bohras.

Documentaries
A Pinch of Skin by Priya Goswami, a short documentary made in 2012, depicts the practice of
Female Genital Cutting, Screened worldwide, the film received the prestigious National Award of
India for being the first documentary to highlight the taboo practice of khatna. The film brings
together personal narratives on the experience of undergoing the blade, juxtaposing both the people
 31

who support the practice as well as a small but significant voice of questioning dissent. There are a
number of films made by women speaking up about their experience and how it affected their life.
Medical Development
The psychological damage can’t be undone yet, there is possibility of another chance for them to
have a normal life. In The United States, reversing surgeries are being performed, in order to repair
the vagina and the clitoris.

The procedure started in 2001, aiming to repair the genital area in general. Later in 2004, a more
advanced procedure called “Clitoraplasty” was improved by a French urologist, Dr. Pierre Foldès.
The surgery is very beneficial as it can give the woman the ability to give birth naturally, to urinate
comfortably, to menstruate comfortably, and it can give the woman a part of her sexual pleasure
back. The purpose of the procedure is to expose the clitoral tissue, but unfortunately, it’s not very
common.

Legal Development
Advocate Sunita Tiwari, who has been working on the issue of FGM since the last couple of years,
had filed a PIL in the Hon’ble Supreme Court of India against this cruel some practice. The Petitioner
had raised the contention that the practice of FGM does not find any mention in the Quran or
anywhere else, thus it is not an essential part of religion and hence the government could make legal
provisions to end this practice.
The petitioner also said that the UN General Assembly, through a special resolution in 2012, had
banned the practice. After this, 27 African countries banned the practice. But India, which is a
signatory to the convention on child rights and human rights, has paid no heed to the issue so far.
Thus there is need to ban the practice as soon as possible.
The Hon’ble Supreme Court of India had held in Javedvs State of Haryana, (2003) SC and in
Khurshed Ahmed Khan vs State of UP (2015), SC that “what was protected under Article 25 was the
religious faith and not a practice which may run counter to public order, health or morality”. It was
also observed “that a practice did not acquire sanction of religion simply because it was permitted”.
Thus legally this practice of FGM has no sanction or protection.

LEGAL PROVISION IN INDIA

Due to the secrecy and the religious claims around the practice there are no explicit provision in India
guiding the practice of FGM despite the fact that India is a signatory of UN resolution for protection
of Child and Women and ending all types of exploitation. The fear of exclusion and the social
embarrassment had prevented the women who are subjected to this practice to approach the court or
 32

to file any complaints. Even though there are no explicit Act/Provision regulating this barbaric
practice yet a person, performing this activity can be made liable under following provisions:

THE INDIAN PENAL CODE:

a. Section 320 in the Indian Penal Code:

It describes certain kinds of grievous hurt, i.e. if any person causes hurt to another person in any of
the way specified in the said section is liable of causing grievous hurt which is a punishable offence
they. The practice of FGM has certain long term affects which are dangerous for health of a person.
These affects will fall under Sec 320 (8), which is, “Any hurt which endangers life or which causes
the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his
ordinary pursuits”.

The pain inflicted by FGM does not stop with the initial procedure, but often continues as on-going
torture throughout a woman’s life according to Manfred Nowak, UN Special Rapporteur on Torture.
In addition to the severe pain during and in the weeks following the cutting, women who have
undergone FGM experience various long-term effects - physical, sexual and psychological.

b. Section 326 in the Indian Penal Code:

It states whoever, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing
or cutting, or any instrument which, used as a weapon of offence, is likely to cause death is liable for
the offence under this section . FGM is a practice in which a part of the clitoral hood is cut with a
knife or a blade or any other sharp object. Thus it would be an offence under S. 326 IPC.

The Indian Constitution guarantees the basic fundamental rights and freedom of equality and right to
life and integrity (Article 14 and Article 21 respectively) to every citizen of the country. A women
could seek protection under these provisions as the practice is violative of both these Fundamental
Rights.

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) addresses penetrative
sexual assault by any person on any child and The Goa Children’s Act, 2003 which defines „Sexual
assault‟ and specifies it as “deliberately causing injury to the sexual organs of children”.

Also, India is a signatory to CEDAW (Convention for Elimination of all forms of discrimination
against women) which clearly mentions FGM as a form of violence against women and
 33

discrimination based on gender. The CEDAW clearly states that it is the responsibility of States
Parties to take “all appropriate measures” to “modify the social and cultural patterns of conduct of
men and women” in an effort to eliminate practices that “are based on the idea of the inferiority or
the superiority of either of the sexes or on stereotyped roles for men and women”.
CHANGING LEGAL SCENARIO:
The practice of FGM is being openly criticized by people. There have been number of efforts made
by the people to fight against this practice. As a result of this there has been recent development in
the legal status of the practice. There have been initiatives taken by the government and an openness
on the topic. Some of the developments includes:

1. According to the former Director of the Central Bureau of Investigation (CBI), R.K. Raghavan,
though FGM is not explicitly an offence under the IPC, on a complaint, the police would be obligated
to register a case under section 326, IPC. This statement has given hope to many to come forward
and fight against this practice.
2. The National Commission for Women 16 had said that it supports the demand for a law to end the
practice of Female Genital Mutilation (FGM) in India. On the International Day of Zero Tolerance to
Female Genital Mutilation (FGM), the women’s panel chairperson received two petitions initiated on
Change.org– by “Speak Out on FGM” and a collective of 33 global organisations which includes
“Sahiyo”.
3. The Supreme Court on 8th May, 2017 had issued notice to Centre and 4 states namely Gujarat,
Rajasthan, Maharashtra and Delhi on a public interest litigation (PIL) filed by an advocate seeking a
complete ban on the practice of female genital mutilation and making it a punishable offence. A
bench of Chief Justice of India JS Khehar, Justice DY Chandrachud and Justice Sanjay Kishan Kaul
heard the petitioner and issued notice to the Centre. “This issue is extremely sensitive and important,”
noted the CJI.
4. Union Minister Maneka Gandhi had also given a statement supporting the issue in the “We will write
to respective state governments and Syedna, the Bohra high priest shortly to issue an edict to
community members to give up FGM voluntarily as it is a crime under Indian Penal Code (IPC) and
Protection of Children from Sexual Offenses (POCSO) Act, 2012. If the Syedna does not respond
then we will bring in a law to ban the practice in India, All these incidents shows the changing view
of the people as well as the law makers in regards of this barbaric activity.
 34

RECOMMENDATIONS FOR GOVERNMENTS

Stopping the practice of FGM involves a sea change in societal and individual thinking. To effect such
profound social change, government action should take multiple forms and should be part of a long-
term process of promoting social justice for all, particularly women.

This chapter recommends actions for governments of African countries and for governments of
countries with immigrant communities from the parts of Africa in which FGM is prevalent (“receiving
countries”).

Suggested government action can be divided into roughly three categories:

• Legal Measures: These measures should be viewed broadly to include reforms necessary to
promote women’s rights, as well as laws specific to the practice of FGM.

• Regulatory Measures: Regulatory measures are aimed at specific groups, such as health
professionals, who may be in a position to discourage the practice of FGM.

• Policy Measures: Policies, which may provide the framework for education and outreach
programs, may be part of broader initiatives aimed at promoting women’s empowerment.

It should be noted that measures addressing FGM in African countries may differ from those adopted
in receiving countries.

A. LEGAL MEASURES

1. Ratify and Implement International Human Rights Treaties:

Of the 42 countries , 39 are parties to CEDAW, and three (Somalia, Sudan and the United States) are
not. Forty countries have ratified the Children’s Rights Convention and two (Somalia and the United
States) have not.

Government ratification of treaties is merely a first step toward social change. Subsequent national-
level action must be taken to ensure that all existing domestic legislation is compatible with the ratified
treaty. Future legislation must also be reviewed to determine its compatibility with the treaty. In some
circumstances—as in the case of FGM—governments may have to enact laws and adopt policies to
address widespread practices that violate the principles upheld in the treaty.

When governments ratify human rights treaties, it is important that they not undermine the force of
these instruments by entering reservations. Reservations are statements made by governments
 35

declaring their intent not to be bound by certain provisions of a treaty. Reservations made by
governments should be consistent with the “object and purpose” 26 of the treaty. Reservations that are
so broad as to undermine the intended force of the treaty are regarded as invalid under international
law.

2. Ensure Constitutional Protection of the Rights of Women and Girls:

Most countries, as parties to international human rights treaties, have acknowledged a duty to protect
women and girls from practices that threaten their physical integrity. This duty should be enshrined in
national-level legal instruments, including the constitution—a nation’s law of highest authority. All
legislation and government action should conform to the norms established in a nation’s constitution.

Governments should ensure that their constitutions contain provisions that guarantee the rights of
women. These provisions should be broad enough to be interpreted to protect women against FGM.
Where constitutions do not contain provisions that may be clearly interpreted to promote gender
equality, governments should consider amending their constitutions. Governments should also
consider adopting a constitutional provision specifically addressing traditional customs harmful to
women’s health. Constitutional measures that ensure the right of women and girls not to undergo FGM
create a concrete governmental obligation to work toward stopping the practice. Constitutional
protections also enhance the possibility of engaging judicial bodies in these efforts. At the very least,
constitutional protections represent a clear governmental commitment to protecting the rights of
women and girls, which could add to the legitimacy of a developing social movement.

3. Adopt Reforms to Promote Equality of the Sexes

Because enabling women to make the choice to abandon FGM requires an improvement of women’s
status, governments should reform all existing laws that serve as barriers to women’s equality. In many
cases, this requires changing family laws, such as those that relate to marriage, divorce, child custody,
and inheritance, as well as laws relating to property. In receiving countries, laws should prevent
discrimination against immigrants and other minorities, and recognize the rights of immigrant women.
For example, women whose immigration status is dependent upon that of their husbands should be
granted independent status after a certain period of time or upon a showing of violence on the part of
the spouse. Additional legal reforms ensuring equal representation of women in the public sector
would help promote equality of the sexes.

4. Carefully Consider any Application of Criminal Sanctions for FGM

26
Vienna Convention on the Law of Treaties, adopted May 22, 1969, art. 2(d), U.N. Doc. A/Conf.39/27 (1969), reprinted in 8 I.L.M. 679.
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Under no circumstances should governments criminalize the practice of FGM in the absence of a
broader governmental strategy to change individual behavior and social norms. For countries that do
elect to impose criminal sanctions for the practice of FGM, the following considerations should be
taken into account.

a) Is New Criminal Legislation Needed?

When a government decides to apply criminal sanctions, it should consider two possibilities: enacting
a law specifically prohibiting the practice of FGM or applying an existing criminal law that is broad
enough to cover FGM. In both cases, the purpose is to characterize FGM as a criminal offense. If a
government decides to penalize FGM in the absence of a law specifically prohibiting the practice, it
should conduct an information campaign announcing that the practice gives rise to criminal sanctions
under existing laws.

b) A Clear Definition of FGM

Governments that decide to enact legislation specifically criminalizing FGM should ensure that the
law states

• A clear definition of FGM;

• The types of FGM that are prohibited (see Section I); and
• The persons who are potentially liable under the law (e.g., parents, practitioners).

c) Punishment of Parents

In keeping with their duty to promote “the best interests of the child,” governments should carefully
consider the application of criminal law to the parents of girls who undergo FGM. A law that provides
criminal sanctions for parents who procure FGM for their daughters may create undue hardship for
the children involved. Even a short prison term involves the separation of members of a family and
can have severe effects on the emotional life of a child. Governments should consider either assigning
criminal sanctions only to the practitioners of FGM themselves, or assigning lighter penalties to
parents than to practitioners.

In addition, governments should seek to employ alternative legal approaches, including the use of
civil rather than criminal mechanisms.

d) Conditions of Consent
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Some governments do not penalize the practice of FGM when an adult woman consents to undergoing
it. While governments must respect women’s autonomy in making decisions about their bodies, they
should also take into account whether conditions are in place to allow women to give informed
consent to undergoing FGM. Informed consent, according to the United Nations General Assembly, is
consent to a medical intervention that is “obtained freely, without threats or improper inducements.”27
In the context of FGM, respect for women’s autonomy requires a consideration of the impact of
extreme social, cultural, and religious pressures on women’s ability to decide freely to undergo FGM,
with full knowledge of the consequences.

e) Effect on Minorities

Where FGM is practiced primarily by a minority ethnic group, criminal laws prohibiting FGM must
not be used as a pretext for harassing or persecuting members of that group. In countries in which
minority rights are vulnerable, governments should make it clear that their actions are not motivated
by an interest in disrupting the lives of members of a minority ethnic group. The governments of
receiving countries should avoid allowing xenophobic forces in the majority population to use FGM
as a pretext for discrimination against immigrants. Moreover, governments should engage in regular
consultation with different immigrant groups and set up appropriate educational programs. Such
measures would reflect government sensitivity to immigrant and refugee concerns.

5. Other Legal Protections Against FGM

In addition to criminal prosecution, there are a number of other legal mechanisms that can be
employed to discourage FGM. For example, FGM can be recognized as an injury that gives rise to a
civil lawsuit for damages or other remedies. Civil legal actions are a potentially effective means of
influencing individual behavior and protecting girls and women from FGM. Many countries have
child-protection laws that could potentially be applied to prevent girls from undergoing FGM. Unlike
criminal laws, child protection laws are concerned less with punishing parents than with ensuring that
a child’s interests are served. These laws permit government intervention when a child is abused by
her parents or guardian. They provide mechanisms for removing a child from parental custody when
there is reason to believe that abuse has occurred or is likely to occur. Where FGM is considered a
form of abuse, these laws may help prevent girls from undergoing the procedure.

POLICY MEASURES
1. Education:
27
United Nations General Assembly, Principles for the Protection of Persons with Mental Illnesses and the Improvement of Mental Health Care,supra note 39,
Principle 11(2) .
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Governments should devote resources to supplying information about the harmful effects of FGM to
communities in which FGM is practiced. Governments should also support human rights education.
Educational programs should

• emphasize the psychological and physical impact of FGM on women and girls;

• examine the history and purpose of FGM;

• promote human rights and demonstrate the manner in which these rights are affected by FGM; and

• focus on the needs of women and girls while involving the entire community.

Governments should rely on the assistance of NGOs, local leaders, and health-care professionals to
bring together this information and generate dialogue at the community level. It is especially important
to ensure that governments of receiving countries work in cooperation with community-based
immigrant NGOs in creating and executing these educational programs. This will enhance these
governments’ ability to reach girls and women affected by FGM and to disseminate appropriate
information.

2. The Media:

When the media are government-owned, or subject to considerable government influence, these outlets
should be used as instruments to facilitate public dialogue on FGM and on the right of women and
girls to be free to decide whether or not to undergo FGM.

3. Empowering Women to Make Their Own Decisions:

Women cannot abandon the practice of FGM until they have the means to participate in all sectors of
society. In countries in which FGM is a prerequisite for marriage, women and girls whose economic
security depends upon their ability to be married are not able to make their own decisions about the
procedure freely. Governments should work to ensure women’s equal access to education,
participation in public office, and access to credit. Women should also enjoy equality with men in the
workplace, earning an equal salary for equal work. There is much that governments of receiving
countries can do to contribute to the empowerment of women. While governments should respect the
community life of new immigrants, governments should also ensure that immigrant women are able to
make informed choices about their own bodies and access all the life options available in their new
country. For example, governments should support programs that offer job training, instruction in the
language of the majority, and information regarding avenues for legal protection.
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4. Ensure Access to Reproductive Health Services:

Governments should ensure appropriate access to reproductive health services, whether or not a
woman has undergone FGM. Women who have undergone FGM should have access to the
information and health care they need. In addition, reproductive health care services can be a source of
information for women about their own reproductive health, making it easier to understand the harmful
consequences of FGM. A better understanding of these health effects may make women less likely to
choose to undergo FGM or to encourage others to do so.

International legal standards establish not only that a woman has the right to reject FGM, but that
governments must take action to ensure that women and girls are empowered to make such a choice. In
taking action against FGM, the measures that governments employ should themselves conform to
accepted human rights norms. The recommendations in this chapter are intended to guide governments
toward compliance with those norms. By adopting some of the recommendations presented, a
government could take an important step toward promoting the well-being of its people.

The current review demonstrates that the practice of FGM remains prevalent in certain countries, even
though there may exist laws against FGM. The elimination of FGM has made little progress over the
past decade. This may be due to the fact that developed countries have difficulties understanding the
cultural and religious dynamics that communities and ethnicities practice FGM. Although activist
movements are beginning to form throughout Africa, utilization of an intervention method that
understands the diverse cultural dynamics can increase the results by introducing positive social
changes. Engaging community and religious leaders through helping them understand the need for
change is imperative in generating a transformation within the culture. Communities need to develop,
strengthen, and support specific actions directed at ending FGM.

CONCLUSION
FGM is human rights violation that affects health. Therefore, it may seem more natural to investigate
its medical complications and to initiate an ethical debate on FGM rather than to explore its economic
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dimensions. Most countries in the world consider FGM a violation of a woman’s human rights and an
extreme form of discrimination against females in the community. As most procedures are carried out
on young girls, it is also a violation of children’s rights. The WHO write:

“Female genital mutilation also violates a person’s rights to health, security and physical integrity,
the right to be free from torture and cruel, inhuman or degrading treatment, and the right to life when
the procedure results in death.”

In 2008, the World Health Assembly passed a resolution on the elimination of FGM, calling for action
by all those involved in justice, women’s affairs, education, finance, and health. In 2012, the United
Nations adopted a resolution banning FGM worldwide, stating that “All necessary measures, including
enacting and enforcing legislation to prohibit FGM and to protect women and girls from this form of
violence, and to end impunity.” While the intervention is somewhat safer when carried out by a doctor,
the WHO urges health professionals not to perform FGM.

The drive to ban it has not significantly reduced its incidence. More recently, some researchers have
proposed softening the approach and reclassifying it to what they call “female genital alteration.”
Banning the practice, they say, can drive it underground and make it more dangerous. In order to
respect cultural differences while protecting women’s health, they propose classifying interventions
according to their effect rather than the procedure that is involved.

They suggest accepting minimal procedures that do not entail long-term health risks. They say that this
approach is “culturally sensitive, does not discriminate on the basis of gender, and does not violate
human rights.” However, surveys show that, in countries where FGM is common, most women aged
15-49 think FGM should end.

Although some governments have initiated prevention programs and the civil society in many
countries have legislated against FGM, its prevalence remains high in many African countries. Hence,
the need to shift some of the research on the weight this practice has in a socioeconomic perspective,
all the more because societies where FGM is prevalent continue to perceive the practice as
economically advantageous by believing it increases marriageability.

But, with additional sound scientific data, for example, good intervention studies using appropriate
methodologies, the effects of FGM on society and the economy could be even better assessed and
could further support the fight against FGM. Yet not only more appropriate research could contribute
to better prevent FGM and support more efficiently victims of FGM: training health worker and
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raising the awareness of community leaders and authorities are crucial in this context. Surely a multi-
sectorial strategy in the fight of FGM is needed, including good quality research, prevention, best
intervention practices, and strong advocacy.