A STUDY ON FEMALE GENITAL MUTILATION AS A

HUMAN RIGHTS ISSUE IN INDIA

Submitted By Supervised By
Himanshi Garewal Dr. Vishnuprasad R
4th Year., BA.,LLB(Hons.) Assistant Professor of Law
BA0160018

HUMAN RIGHTS LAW

TAMIL NADU NATIONAL LAW UNIVERSITY,

TIRUCHIRAPPALLI
 DECLARATION

I hereby declare that the work reported in this project report entitled “ A Study on Female
Genital Mutilation As A Human Rights Issue In India ” submitted at Tamil Nadu National
Law University, Tiruchirappalli is an outcome of my work carried out under the supervision of
Dr. Vishnuprasad R. I have duly acknowledged all the sources from which ideas and extracts
have been taken. To the best of my understanding, the project is free from any plagiarism issue.

Himanshi Garewal
Tamil Nadu National Law University, Tiruchirappalli
31 march, 2021

1
 TABLE OF CONTENTS

TITLE PAGE NUMBER

I. INTRODUCTION……………………………………………………………..5
II. WHAT IS FEMALE GENITAL MUTILATION IN INDIA…………………….6
III. PREVALENCE OF FEMALE GENITAL MUTILATION IN INDIA………….6
● REASONS FOR PRACTICING FGM BY DAWOODI BOHRA
COMMUNITY……………………………………………………………………....7

IV. IMPACT OF FEMALE GENITAL MUTILATION ON HEALTH…………….9

V. FEMALE GENITAL MUTILATION AS HUMAN RIGHTS ISSUE…………..10
VI. CONCLUSION…………………………………………………………………….. 12

REFERENCES……………………………………………………………………………...13

INDEX OF AUTHORITIES
1. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
2. CONVENTION ON THE ELIMINATION OF ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
3. UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD
4. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

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INTRODUCTION

The practice of Female Genital Mutilation (FGM) in Islamic community of Dawoodi Bohra and
prominent parts of Kerala. A case has been filed by Sunita Tiwari to prohibit such cruel practice,
but the case is pending before the Supreme ourt, as the opposition argues that FGM practice is
essential religious practice hence valid to perform, currently the case has no decision with regard
to validity of practice. However, it is pertinent to note that many Islamic scholars have stated the
practice of FGM does not fall under the ambit of religious practice under Islam and the practice
does not have any validity under the Islam. Nevertheless, this cruel practice is still existent in
India.
The research paper aims a the prevalence of FGM in India and highlighting that the practice is
gross violation of human rights and needs to ban.However, it is pertinent to note that many
Islamic scholars have stated the practice of FGM does not fall under the ambit of religious
practice under Islam and the practice does not have any validity under the Islam. Nevertheless,
this cruel practice is still existent in India.
The research paper aims a the prevalence of FGM in India and highlighting that the practice is
gross violation of human rights and needs to ban.

Statement of Problem

The practice of FGM is prevalent in India and thus the government needs to intervene to protect
human rights violations.

Aims and Objectives of the study

To highlight the prevalence of FGM in India and the need to eradicate the cruel practice.

Research hypothesis

The practice of FGM is existent in India.

Research Question

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Whether Indian government has taken any steps to protect human rights violations of victims of
practice of FGM?

Research Methodology

The study shall be based on doctrinal approach.

Review of Literature

The literature shows that sexual control is a highly common response given for the continuation
of FGC amongst practicing communities. According to this belief, a woman’s honor is connected
to her sexuality and thus FGC helps maintain that honor. For instance, it is believed that FGC
minimizes a woman’s sexual behavior prior to marriage, and ensures that she remains a virgin
(WHO, 2001). Thus, FGC intends to define a woman’s role in her society by way of her
sexuality, which is a form of gender discrimination (Rahman and Toubia, 2000).

Social pressure by family and friends can also turn the practice into an informal or formal
requirement for social acceptance. Some researchers also emphasized FGC’s role in the social
construction of a woman’s identity (Dustin & Davies, 2007).

In some communities, female genitals are offensive to men and being infibulated is considered
more beautiful. These justifications of aesthetics also relate to the notion that female genitals
lack cleanliness and must therefore be removed. Myths that encourage the practice of FGC are
that the clitoris will grow to the size of a penis or that the clitoris is a “man’s organ” needing to
be removed. Other believed health benefits include the idea that FGC cures infertility, that a
woman’s uncut genitalia has the power to cause blindness and that if the woman conceives a
child, the uncut genitalia could cause physical harm, madness, and lead to the death of her child
and husband (WHO, 2001).

Social pressure by family and friends can also turn the practice into an informal or formal
requirement for social acceptance. Some researchers also emphasized FGC’s role in the social
construction of a woman’s identity (Dustin & Davies, 2007), stating that in some communities
girls who are not cut are looked down upon by society.

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A STUDY ON FEMALE GENITAL MUTILATION AS A HUMAN RIGHTS ISSUE IN
INDIA

I. INTRODUCTION

The practice of female genital mutilation is prevalent in Islamic community of Dawoodi

bohra and prominent parts of Kerala. In 2017, a Delhi based lawyer filed a Public Interest
Litigation that aims to ban female genital cutting followed by Dawoodi Bohra community. In
that effect, the PIL got challenged by the Dawoodi Bohra community that claimed the practice is
an essential religious practice that accounts to be their constitutional right guaranteed under
Article 25 and Article 26. At present the PIL is pending before the Apex Court and the Judges
are posed with various issues pertaining to the practice such as, whether the practice violates
right to life and bodily autonomy of women and girls, whether the right to privacy is encroached
and whether the practice discriminates against girls and women. In addition to these, the Judges
have to decide reasonably whether the practice of FGC encompasses the principles enshrined
under Article 25 and Article 26, in order to upheld the practice as essential religious practice.
The practice employed is blatantly encroaching upon the bodily autonomy and bodily integrity of
young girls. The consent obtained from young girls is invalid, adhering to their tender age, there
is incapacity to understand the consequences. Not only this, the right to live life with dignity and
a right to live a healthy life has been blatantly encroached. The female genital mutilation has
been recognized as violaion of human rights by the United Nation. Yet, the practice has been
carried out by certain communities in India. The appalling fact is that the government has
constantly declined the existence of any record of data pertaining to the practice.
The concern that the paper discusses is, the prevalence of female genital mutilation in India,
wherein it is focused to highlight the practice violates the right to life and bodily autonomy of
women and girls alongwith their right to privacy, all these rights are fundamental human rights as
recognized by the reccognized by the human rights treaties which India has ratified, but their
action is in deviation to obligation.

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II. WHAT IS FEMALE GENITAL MUTILATION

In accordance with World Health Organization, the Female Genital Mutilation (FGM)
includes procedures that aims for partial or total removal of external genitilia or any injury to
female genitilia organs for non medical purpose. Also, the practice involves the removal of the
tip of the clitoris to remove the inner and outer labia or in some cases, the stitching of the labia
closely together. The practice is followed over young girls although there is no specified age to
practice it. The practice ranges from one region to another. In some communities the practice is
followed at birth or on childhood or at puberty age of girls. It is believed that the practice
originated in Eastern Africa and has been followed since christanity. The very reason for
embracing such a practice differs from one region to another. However, the very primary purpose
for carrying out such a practice is to secure premarital virginity and martial fidelity. It is a
prominent patriarchal notion embedded in the reasons to support the practice. The practice is
based on ideals of femininity and modesty that holds a firm belief that after removal of genitalia
organs girls are clean and beautiful. In addition to this, the practice is generally followed because
of the status it possesses of being a social norm. Also, in some communities this practice is a
prerequisite for marriage because men consider female genitals as offensive and do not consider
them beautiful.

III. PREVALENCE OF FEMALE GENITAL MUTILATION IN INDIA

The prevalence of female genital mutilation can be found predominantly in Dawoodi

Bohra community and certain parts of Kerala. In terms of Dawoodi Bohra community the
female genital mutilation is known as “Khatna or Kafz.” In accordance with survey of
385 women who belong to Dawoodi Bohra Community conducted by SAHIYO, an
organization that aims to end FGM, found in their report that of the 385 survey
participants, 309 had undergone the practice. In total 88% knew a family member on
whom FGC was performed and 56% knew a friend on whom FGC was performed.1 In the

1
Taher, Mariya.(2017). Understanding Female Genital Cutting in the Dawoodi Bohra Community: An Exploratory
Survey. SAHIYO. *sahiyo_report_final-updatedbymt2.pdf (wordpress.com)

6
 report it was found that within the Dawoodi Bohra Community the girls between the age
6 to 7 are undertaken for the practice. When taken into account in the survey with regard
to FGM practice, it was found 67% of participants stated the decision has been made by
the mothers, 32% of participants stated that it was the grandmother who took decision.
Lastly, 23% stated that the decision makers were fathers or religious leaders. Most survey
respondents reported that they underwent FGC in India (70%).2 The survey informs that
the undertaker of FGM highly prefer to follow the practice in private residence as in
accordance with the survey 86% of participants undergone practice in private residence
whereas 12% undergone at medical health facility. It is informed in the survey that 74%
of participants admitted that the practice has been followed by traditional cutters and 15%
admitted that the practice on them has been practiced by the health professionals to them.
From the survey done by the SAHIYO manifests the prevalence of female genital
mutilation in India.

● REASONS FOR PRACTICING FGM BY DAWOODI BOHRA COMMUNITY

The prime reason for practicing FGM by Dawoodi Bohra communinity is due to the
religious obligation as based on shairat law, that the comminuty firmly believes in. Respondents
in both small surveys referred to Taharat, one of the pillars of Islam for Bohras, that refers to
physical and spiritual cleanliness and purity.3 The practice is prominently followed by the
community in pursuance to sustain their cultural identity. The practice keeps the community
distinct from the other muslims communities. Another emergent finding, and perhaps quite a
significant one, is that for the Bohra community, the ritual appears to take on added importance
because it is based on the order of their religious leader, whom they commonly address as
‘Syedna’.4 With regard to social pressure, there are often inquiries from the girl’s family

2
Id.
3
Rosie Duivenbode & Aasim I. Padela (2019) Female Genital Cutting (FGC) and the Cultural Boundaries of
Medical Practice, The American Journal of Bioethics, 19:3, 3-6, DOI: 10.1080/15265161.2018.1554412

4
Anika Khan et al., Demystifying the Practice of Khafad in the Dawoodi Bohra Community: A Commentary on the
WeSpeakOut Report from India, 4 Indian Journal of Medical Ethics, 65, 68 (2019).

7
members and community members on whether the child has had it done. Mothers are sometimes
told their daughters will not be able to have a nikah, a Bohra religious marriage ceremony, if they
do not have khafd5 This accounts to be a prerequisite for marriage in the community. The other
factor for incorporating such a practice is to curb women's sexuality and sustain modesty.
Ghadially, who first studied the prevalence of practice in the Dawoodi Bohra Community said
that, practice is followed to curb women’s sexuality is associated with safeguarding the honour
of family. She says,

‘Indian Muslim society, like many other traditional societies, uses double standards for judging
men and women and demands from women complete adherence to these double standards. Any
deviance from the codes of morality prescribed for women threaten the izzat of her kin group.
Unlike other Muslim women in India, the sexual desire of Bohra women is curbed both
physically and culturally. The task, as expected, is accomplished by enforcement from older
women of the family6’

Srinivasan, a journalist, in 1991 wrote about the crucial issue Bohra and Khafad, emphasised the
intense pressure the families encounter from members of community and extended family
members to have the practice performed on their young girls.

The fear of social ostracism is centre reason that provoke them to practice FGM, failing to
practice would lead them to deviate from norm and conclusively lead them to face high social
costs and termination of social support.

5
Yasmin Bootwala, A Review of Female Genital Cutting in the Dawoodi Bohra Community: Part3- The Historical,
Anthropological and Religious Underpinnings of FGC in the Dawoodi Bohras, Current Sexual Health Reports,
228-235 (2019).
6
See Supra note 1.

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IV. IMPACT OF FEMALE GENITAL MUTILATION ON HEALTH

In accordance with the World Health Organization (WHO), the definition of “Health”
comprises physical, mental and social well-being. The practice of FGM is hazardous to physical,
mental and social well being of young girls. In accordance with WHO, the practice involves no
health benefits, it severely damages the genital tissue, obstructing natural functions of the female
body and the frequent complications have severe pain, excessive bleeding, genital tissue
swelling, fever, infections, urinary problems, wound healing problems, shock and in worst
scenarios death. The practice has long term complications as well, urinal problems, menstrual
problems, sexual problems, increased risk of childbirth complications and psychological
problems, such as depression, anxiety, low self esteem and post traumatic stress disorder.
It is pertinent to note that, the women who have undergone FGM has faced difficulties during
their pregnancy, labour and in post partum period. A study of 28 000 women with FGM across 6
African countries found that FGM increased the risks of prolonged labour, postpartum
haemorrhage, perineal trauma and Caesarean section.7 In addition there was an increased risk of
neonatal resuscitation, low birthrate, stillbirth and early neonatal death with FGM thought to lead
to an extra 1–2 perinatal deaths per 100 deliveries.8
In accordance with SAHIYO survey on 385 women of Dawoodi Bohra community, 23% of
women had suffered health issues just after FGM, these 23% of women provided the kinds of
health issues they faced that include, pain, loss of sensation, fever, burning while urinating,
bleeding and discomfort. With regard to mental state just after FGM, 51% of women faced fear,
15% faced sadness and 21% faced anger.

7
WHO Study Group on Female Genital Mutilation and Obstetric Outcome,
Female genital mutilation and obstetric outcome: WHO collaborative prospective study in six African countries,367
Lancet.1835-1841(2006).

8
Dan Reisel et al., Long Term Health Consequences of Female Genital Mutilation, 80 An International Journal of
Midlife and Health beyond, 50 (2014).

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V. FEMALE GENITAL MUTILATION AS HUMAN RIGHTS ISSUE

The prevalence of FGM in India is manifested from the SAHIYO survey. The practice
violates the personal autonomy and bodily integrity of young girls and women. The practice
comprises an act of removal of genital organs or any alteration to them without the consent of
young girls. The practice is done keeping the belief as a sacred religious requirement. The
pertinent point that raises, does the practice can be justified as religious tradition? The answer
must be No, the practice cannot be approved on the grounds of essential religious practice. The
practice has no health benefits, in fact it fosters the hazardous consequences to young girls'
health and women. The practice is grave infringement to the women right to health, safety and
the right to live with dignity.
Under the Indian Constitution framework, the practice is violation of Article 21, the right to life,
that encompasses the right to health, safety and the right to live with dignity.
The practice has a patriarchal notion embedded deeply. The belief that the practice can preserve
the sexuality of women, considering the genitals as harmful or making a perquisite for a
marriage, and due to these beliefs, following such cruel practice over young girls is a blatant
infringement of the right to live a life with dignity. The practice is hazardingly harming the
health of young girls, that could extend to long term complications is a blatant infringement to
the right to have efficient and good health essentially relating to their reproductive health. The
young girls are facing such brutal violence at such a tender age is an infringement of their right
to have a safe and secure environment. The practice is discriminatory to the extent that, this cruel
practice has not been employed by any other muslim communities except in Dawoodi Bohras.
Thus, infringement of Article 14 has been attracted as well. It is discriminatory to the extent as
well, that the practice is followed on young girls and women with the intention to deprive them
their fundamental rights.

Explicitly, their fundamental rights that have been guaranteed under the Indian Constitution have
been violated to a great extent. In accordance with the International paradigm of human rights
law, India has ratified the essential human rights treaties such as, CEDAW, CRC, International
Covenant on Economic, Social and Cultural Rights and UDHR.

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In accordance with Article 1 of CEDAW, discrimination is sufficely attracted due to the fact that
practice employed on young girls with the intention to deprive them their fundamental rights
unlike to men, is violation. The practice employed has been discriminatory because it is
explicitly directed towards young girls and women manifesting the inferior role they possess in
society. In accordance with Article 2 of the UDHR, “Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex.”
The practice is employed because of its social norm, religious sacred belief, intense pressure
from community or for a prerequisite for marriage. Thus, in such circumstances, on women the
practice is not followed and has the potential to get subject to oscratzation from the community
or cannot get married. Thus, this situation also creates discrimination agaisnt them.
In terms to their right to life and bodily integrity inclusive of the right to be free from violence.
The right to bodily integrity encompasses, right to freedom from torture, dignity, liberty and
safety and essentially the right to privacy. In accordance with UDHR, ICCPR and CRC
safeguards the right to bodily integrity and right to life.
The practice harms the right to health, it impacts hazardously over their physical and mental
health. The International Covenant on Economic, Social and Cultural rights, states
The right of all human beings to have the highest attainable standard of physical and mental
health. The child rights are blatantly violating as well. The practice immensely impacted over the
girls below 18 years of age. The CRC recognizes that parents can make decisions for their child,
but places the ultimate power over the government. The CRC recognize the principle of best
interest of child, the practice of FGM is violation with the best interest standard of child. Along
with this, Article 24(3) explicitly states that the government should abolish such traditional
practices that hazardously harm the health of children.

It is pertinent to note here, India has ratified all the relevant human rights treaties that has
explicitly aims to eradicate the practice of FGM.
In accordance with the Survey done by the SAHIYO, it unambiguous that the practice of female
genital mutilation is prevalent in India, the government of India has constantly failed to see the
record of data. This manifests the failure of the government to protect the vulnerable group of
people in Dawoodi Bohra community. The State has not taken any steps to intervene and protect
the essential fundamental human rights of young girls and women belonging to Dawoodi Bohra

11
community. Thus, the government has the obligation to eradicate such traditional practices that
harms the health of young girls and women.

CONCLUSION

According to the survey conducted by SAHIYO on 385 women belonging to Dawoodi

Bohra community, where 309 women have undergone the practice, manifests the
existence of female genital mutilation in Dawoodi Bohra community. women have
suffered dangerously in consequences to the practice both, physically and mentally. The
consequences extend to long term and that could be traumatising. The practice comprises
an act that blatantly violates the right to bodily integrity, right to life inclusive the right to
freedom from violence, the right to health and specifically violates the rights of child that
harms the principle of best interest of child. The practice is discriminatory to the point
that, the practice is employed on young girls belonging to Dawoodi Bohra community but
the same practice is not employed to other communities in Muslim communities. In
addition, the practice is discriminatory because the practice is employed to young girls
with the intention to deprive them of their fundamental rights, whereas the practice is not
employed to men with the same intention. Further, India has ratified all the relevant
human rights treaties that explicitly aims to eradicate female genital mutilation. Yet, India
has failed to safeguard the vulnerable young girls of Dawoodi Bohra community. The
Indian government has the obligation to ban the practice of female genital mutilation.

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REFERENCES

Taher, Mariya.(2017). Understanding Female Genital Cutting in the Dawoodi Bohra Community:
An Exploratory Survey. SAHIYO. *sahiyo_report_final-updatedbymt2.pdf (wordpress.com)

Rosie Duivenbode & Aasim I. Padela (2019) Female Genital Cutting (FGC) and the Cultural
Boundaries of Medical Practice, The American Journal of Bioethics, 19:3, 3-6, DOI:
10.1080/15265161.2018.1554412

Anika Khan et al., Demystifying the Practice of Khafad in the Dawoodi Bohra Community: A
Commentary on the WeSpeakOut Report from India, 4 Indian Journal of Medical Ethics, 65, 68
(2019).

Yasmin Bootwala, A Review of Female Genital Cutting in the Dawoodi Bohra Community:
Part3- The Historical, Anthropological and Religious Underpinnings of FGC in the Dawoodi
Bohras, Current Sexual Health Reports, 228-235 (2019).

WHO Study Group on Female Genital Mutilation and Obstetric Outcome,

Female genital mutilation and obstetric outcome: WHO collaborative prospective study in six
African countries, 367 Lancet.1835-1841(2006).

Dan Reisel et al., Long Term Health Consequences of Female Genital Mutilation, 80 An
International Journal of Midlife and Health beyond, 50 (2014).

13
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