FEMALE GENITAL MUTILATION IN INDIA By Ruma Bhardwaj

 

FEMALE GENITAL MUTILATION IN INDIA By Ruma Bhardwaj

‘CRUELTY BEHIND VEILS’

FEMALE GENITAL MUTILATION IN INDIA.

Abstract

Female Genital Mutilation (FGM) is a type of discrimination against women. The

women and children are exploited & suffered all over the world. Many ways are

openly practiced but some are behind the veils. FGM is not only practiced in

Africa it is practiced in India as well. It is an extreme form of discrimination

against women a cut on her VAGINA makes her shiver & cry in unbearable pain,

this pain given her on the name of tradition. This affects her womanhood.

‘A blade

decides her destiny’. In this paper, we are going to deal with how FGM can relate

to ‘SOCIAL EXCLUSION AND SEXUALITY’

. ‘How traditions justify FGM?

How our Penal System respond to this kind of cruelty? How Female Genital

Mutilation associated with Social Exclusion?

‘Imagine when your family cut down your CLITORIS with help of a BLADE and

you cry in unbearable pain. You can’t even bear the pain in imagination but many

girls suffer from this pain on the name of the tradition in their real- life’.

“WHEN YOU CIRCUMCISE A GIRL CHILD, YOU AFFECT HER WOMANHOOD”

By: Joseph Osuigwe

(Human trafficking ADVOCATE in Nigeria)

WHAT IS ‘FEMALE GENITAL MUTILATION’?

According to WHO (1997): - Female genital mutilation (FGM) comprises all procedures that

involve partial or total removal of the external female genitalia, or another injury to the female

genital organs for non-medical reasons.

This procedure is also known as “FEMALE CIRCUMCISION”. This procedure ensures the

‘PURITY OF WOMEN’. At the age of 7 years, most of the girls from The Dawoodi Bohra

community (Shia Islam) suffer from this pain in India. In the community, the clitoris part of aP a g e | 2

woman’s vagina is also known as ‘unwanted skin’ or ‘haraam ki boti’. Female circumcision is

a subject who arouses great interest and concern in the western world. More than 200 million

girls and women alive today have been cut in 30 countries in Africa. Every year 3 million girls

have undergone FGM in countries where it practices. In India, The spiritual leader of the

Dawoodi Bohra, Syedna Mufaddal Saifuddin has stated that male and female circumcision

(respectively khatna and khafz) are required as "acts of religious purity". FGM is a practice to

experience one of the greatest pleasures of being a woman. UN declared FGM as a human rights

violation and yet, the inhuman practice not banned in India. (Lawyer Collective, 2017)

TYPES OF FEMALE GENITAL MUTILATION: -

TYPE I Excision Total removal of the clitoris may include excision of the labia majora.

TYPE II Clitoridectomy Partial or total removal of the clitoris and also removal of Labia minora.

TYPE III Infibulations Narrowing of the vaginal opening through the creation of a covering

seal. The seal is forming by cutting and repositioning the labia minora,

without the removal of the clitoris.

TYPE IV Other Other non-medical procedures like the introduction of corrosive

substance to cause tightening, piercing, incising or scraping.

These procedures are used in the Middle East, India and Africa as well for cleanliness, modesty,

and ensuring premarital virginity of women. (Tilly, 2015)

BACKGROUND: FROM FEMALE CIRCUMCISION TO FGM

Origination of FGM is unknown. But it believes that it originated in the Middle East & Arabian

Peninsula. Then it spread through slave trade &trade routes, from Red sea to south and East

Africa.

MEROITE CIVILISATION (800 BCE-350 CE)- they practice infibulations (type III) before the

rise of Islam, to increase confidence in Paternity.

5th BC (Egypt) - Historian Mary Knight discovered a female mummy with circumcision. [

Mackie, 1996].

2nd BC (Egypt) - recorded on Papyrus about Female Circumcision [Couchard, 2003]

Ancient Greek Geographer Strabo describes this as a customary practice in Egypt.

20th BCE- 50 CE – Female salves circumcised before menstruations & males before begin to get

a seed.P a g e | 3

In ancient times the procedure is that after circumcision. The Genital area was cleaned with a

sponge, by cold water. Wrapped the area in bandages dipped in vinegar for 7 days until wound

recovery properly.

19th Century- Europe & the US start remove the clitoris to treat insanity and menstruations

because they see menstruations as ‘UNNATURAL IRRITATION OF CLITORIS’. Isare Baker

Brown a British Doctor who 1st time performs FGM.

1960-1970 – FGM practice as a custom. as a customary practiced in Islam and Judaism. Because

they believe Circumcision is a covenant b/w God, Abraham and his descendent. [Fig 1.1]

In India, Shia Bohra communities immigrated to India from Yemen in the 12th century and they

practiced this to date. The shocking fact is BOHRA is an educated, progressive community in

India but still, they practiced such a kind of cruelty against their girls. In India, 80% of Bohra

women subjected to FGM and Type I, FGM is known as KHATNA. (Banerji, 2017).

KHAFZ Or FGM? : DIFFERENCE OF VOCABULARY

Khafz is a traditional practice of female circumcision practiced by The Dawoodi Bohra

community for 1400 years. Khafz is a harmless religious practice which is totally different from

FGM. The Circumcision procedure is different in males and females. Khafz is a process where

‘Clitoris’ is not touched and safety measures were taken place as well. Khafz is practiced with

hygiene, anesthesia agent and sterilized types of equipment.

WHO gives a unifying definition of FGM & Khafz As WHO defines khafz as FGM but religion

makes difference between these two. There is a ‘Terminology barrier’ in the definition. Maybe

Covenant ABRHAM

God

Decedent

Fig- 1.1 circumcision as a covenant by ISALM.P a g e | 4

these two are not the same as religion defines. But surely one similarity is there, that khafz and

FGM both promote ‘Patriarchal domination and control over sexuality of women to ensure her

purity’. It is an extreme type of gender violence may be terms are different but aims and effects

are remained same.

MEDICAL PROCEDURES OR JUST A BLADE?

FGM usually performed by a traditional circumciser (men or women) by using a blade. FGM

conduct from days after ‘Birth to Puberty’. Lack of medication procedures is the main cause of

‘DEATH’

. The Medical sector has taken on opposed role with regards to FGM in 2 Decades.

I. Some countries practice FGM traditionally with a blade & traditional cutter called ‘Mullani’.

II. Medical professionals help to minimize health issues by performing genital risks by

performing Genital Mutilation medically under their family tradition. (Lawyer Collective, 2017)

Minimum harm assurance is a priority to medical principles. But unfortunately, some doctors

compare this kind of cruelty with “Ear piercing”. In India ‘Mullanis’ practiced this FGM. This

is not just a comparison .it shows the sickness of minds and mentality within the society. While

the years of legislation aimed at eliminating non – medical procedures on Female Genitalia. It

helps to decline the harmful practice. In Egypt 2006-2011- the data of women genitalia fall from

77.8% to 71.6% due to external genitalia.

In India, Khatna performed on 80% of participants, within the age of 6 to 7 years. Medication

helps to decline the death from FGM.

FGM becomes a source of income for practitioners, at the expense of traditional circumcisers. In

many countries, FGM is a way to earn money for practitioners. Using blade for FGM is harmful

to health. Rusting blades may cause infection and using of the same blade over different bodies

may cause HIV/ AIDS.

IMPACT OF FGM ON HEALTH OF WOMEN

FGM is an extremely discriminatory act against women. This practice also violates a person’s

Right to Health, security, physical integrity, right to be free from cruelty. It is an inhuman

treatment. It makes women’s bodies excluded from others. Everyone has got the fullest of the

body. Every part of the body is necessary, no need to cut it. ‘FGM is against dignity of the

women’. In India, most of the Shia girls circumcised just before they attain their puberty.

Even though their mothers make her feel like FGM is like any other normal process of

menstruations. For Bhora’s this is important for PURITY OF WOMEN.P a g e | 5

Reasons for Practicing FGM:

• Family honor.

• Increasing sexual pleasures for the male.

• Enhancing the fertility of females.

• Social acceptance for marriage.

• Preservation of virginity/ Preventing from pre-marital sex.

FGM is widely perceived as a way of controlling female sexuality. Bohra community believes

that the sexual desires of girls are viewed as something that needs protection & it is seen as a

duty of a family to protect their girls by circumcising them.

BENEFITS OF FGM (acc. To BOHRA’S) :

• Prevention from buildup of smelly smegma beneath the clitoris.

• Preventions from transmission of the virus during oral sex.

• Preventing throat cancers.

• Preventing Urinary infection.

• It helps women to achieve sexual fulfillment.

LONG AND SHORT TERM HARMFUL IMPACTS OF FGM:

• Cyst formation: it is major result of cyst formation. its increased the risk of infection and

may cause discomfort.

• Depression/ Post Traumatic Stress Disorder {PTSD}.

• Higher chances of surgical birth.

• Increasing risk of HIV/ AIDS.

• Loss of sexual desire and lost the ability to achieve orgasm.

• Maternal Death.

• Recurrent bladder infection.

• Perinea tears in childbirth.

• Several pains because of a lack of anesthesia.

• DEATH because of excessive bleeding.

• Menstrual Problems like pain, difficulty in passing menstrual blood.

• PSYCHOLOGICAL RISKS: shock, depression, anxiety. (Tilly, 2015)

According to Surjit vali [A gynecologist]- “Half of them feel some kind of irritation while 30%

either feel discomfort while walking/urinating or have lost sensitivity in the area”.

Boston based Mariya Taher is a social worker who shared her experience. She shared that FGM

has a long impact on her life. She is working as an activist against gender violence while she

suffering from this pain.P a g e | 6

Layla hussian is a Psychotherapist who working on FGM sufferers. She is also a victim of this

crime. Her pregnancy affected by FGM. She is suffering from Panic attacks in her whole life.

So, FGM has a different impact on every and each female body. But a truth is that it is ‘A

CRUELTY BEHIND VEILS’. Everyone is complete in their own way. Not even of the name of

tradition no one has a right or duty to alter anyone’s body or giving their women-

‘A stamp of PURITY or PERFECTION’.

RELIGION, TRADITION AND FGM

There are religions like Judaism and Islam support practices of FGM .there are differences

between religious practices and inhumanity. FGM is more likely to be a social norm or standard

of purity decided by society and people acc. To their needs and convenience. Religion like

Hinduism, Sikhism not follow such practices but Islam celebrates this at a large level.

As well-known is Islam divided into two sects – SHIA & SUNNI sect. The

Bohra community of India belongs to Shia sect. they found in different parts of India like

Gujarat, Rajasthan, Madhya Pradesh. They also live in Pakistan, Sri Lanka, Singapore, East

Africa, United Kingdom, Canada, USA, and Australia. There is 1 million population of Bohra

community live in India. Shia and Sunni both believe their spiritual God ‘ALLAH’ and spiritual

text ‘QURAN’. But after this disagreement with each other.

Shia believes that ‘Ali’ succeeded Mohammed byline of ‘Imams’ who appointed as ‘Nasse-e-

Jali’. It can be translated into ‘declarations’. After the death of 5th Imam ‘Jafar-as-Sadiq’ (765

A.D). Shia sect divided into two sects:

I. Ismailia (they supported ‘Ismail’).

II. Isna-Asharia (they support ‘Muse-al-kazim’).

Over the years both of sects divided & disputed on various customs and belief systems within

‘Dawoodi Bohra’. According To legend believed by Bohras, the last of the revealed Imam was

‘Imam Tayyab’ who was the 21st Imam in succession. Belief is that owing to the persecution of

Tayyab went into seclusion. Because of, Seclusion of Tayyab, Imam directed his Hujjat (next in

rank) to appoint a ‘Dai’ (missionary) to carry on the ‘Dawat’ of the Imam. So long as he could

remain in seclusion, and to taken and receive from the faithful an oath of allegiance.

‘Dai ’appointed by his successor by ‘Nasse-e-Jali’. Dai acts as a representation of Imam and is

called ‘Dai-ul-mutlaq’ or absolute Dai. When Imam comes out of seclusion, the powers of Dai

will immediately cease.

The word ‘Bohra’ means ‘Traders’. The power of the high priest of Bohra shifted from Yemen

to India (Gujarat) 100 years ago. They established in Gujarat for more than 150 years. It is

now located in Mumbai. The high priest of Dawoodi Bohra is called as ‘SYEDNA SAHEB’.P a g e | 7

Each Dai went on appointing his succession. The current Sydena Saheb is Dr.Mufaddal

Saifuddin (53rd) and Dia-al-Mutlaq is the head. (Lawyer Collective, 2017: 20-21)

Dawoodi Bohra communities are united by a set of centuries-old principles: being law-abiding

citizen, they believing in values, education, hard work, empowering women. Especially women

of BOHRA COMMUNITY are highly educated. However, they are the only Muslim sect in

India that practices khatna or clitoral unhooking, on girls at the tender age of 7 years.

Unfortunately, Quran does not sanction female circumcision / khatna/ khatna.

Atiyyat-Al-Ansari said: “A woman used to perform circumcision in Medina”. The Prophet said

to her-

“Do not cut too severely as that is better for a woman and more desirable for a

husband”. For Shia sect, Hadith (a religious text) stated that ‘circumcision is Makurma/noble for

women

’. (Hadith)

Cultural Reasons For Practicing FGM:

• As a social norm: - FGM is more like a social norm, a social pressure to conform to what

to do, what others do, and have been doing, as well as need to be accepted socially and

the fear of rejection by the community. FGM is all about the inclusion of women of a

particular sect. because if they won’t accept FGM. They are the ones who being is

excluded.

• Purity & marriage: - FGM as a practice believe that it maintains the purity of girls and

makes them eligible for marriage.

• Enhancing beauty: - Bohra believes it enhances a women’s complexion, controls her

sexual urges, makes her devout.

• Chastity: - FGM practiced just to ensure the chastity of women towards her husband.

• The Ideal of modesty & femininity: - it believes that girls looking beautiful after removal

after removing unclean skin. The clitoris known as ‘Sinful Piece of Flesh’ and girls do

not need it.

• Ensure virginity & fidelity: - it is an assurance of purity by keeping them away from pre-

marital sex. It believes that FGM helps her to resist extramarital sexual affairs because of

the type 3 procedure.

‘Dawoodi Bohra women’s associations for religious freedom, a group of women who

support khatna, has started a nationwide awareness about FGM’.

(THE HINDU; 8Feb 2018)

CONTROLLING SEXUALITY OF WOMEN? : FGM

It believes that mutilation can curb their sexual desires or stop premarital relations. ‘The

Pinch of Skin’ (2012) is a movie based on FGM & directed by Priya Goswami. This

movie shows the pain and a kind of control exercise over women by society.P a g e | 8

A Gynecologist Dr. Megha Reddy, Bangalore explains: - she met a 12 years old girl

patient. Her family brought her to the hospital because of shock. She underwent

FGM/KHATNA and disappointedly she never able to revive herself.

A woman of 50 years old Zubeida. She has an experience of 20 years. She had

performed 6000 khatna at that time. But the question is ‘who give them right to cut

someone’s vagina just to control her sexuality’? The Community decided to cut her to

control her sexuality. This is ‘SHAMEFUL’. (Ravishanker, 2018)

SHAME is associated with ‘A feeling of emotions raise in a person when he or she does

not find himself or herself recognized by society’.

FGM & SOCIAL EXCLUSION

Somali poem quoted & says on how we should treat girls:

‘Initiate them to the world of love, not to the world of feminine sorrow’!!

These are not only words. These are emotions. Why being a woman is sorrowful? Why

always women expected to be the carrier of tradition, honor, dignity on their shoulders.

FGM practiced in different countries in different traditions for different reasons. It is

discriminatory not because of the violation of human rights, not because of impacts but

because it is ‘ inhumanity behind the veils’ where her suffering, her pain can be justified

on the bases of the dignity of the community.

• FGM & gender inequality: - FGM as a norm, rule accepted by everyone in

society because they believe ‘uncut women’ are ‘dirty’ or ‘evil’. But beyond

impurity, what is at stake is non-recognition as a woman, thus as a future wife

and mother as a designated example by ‘bila koro’. This is a famous term among

Mali’s. Modernization helps to developed macro-social factors like Urbanization,

women empowerment, employment. These factors help to remove FGM. But

why FGM is still practicing? Actually, FGM relates to gender inequality, because

‘a woman with the uncut vagina is not accepted as a part of society’. Society

makes a difference between sexes and FGM creates a difference within the

particular community.

Some of them criticize FGM. But a large number of people support it and that

makes them legal because women have a fear of being excluded from society. If

she wants to part be of society. She must be having cut on her vagina: -

FGM = ‘CUT OF INCLUSION’

Women make their daughters agree for FGM to make them part of society.

• FGM as a marker of SOCIAL EXCLUSION: - except the history, in a globalized

world a whole educated community in India follow this kind of inhuman practice.P a g e | 9

An Ethnographer Arnold Van Gennep establish a 3 phase interpretive model in

‘The Rite of Passage’ (2010) [1960]

(fig 1.2)

These 3 components of exclusion give a detailed description of the process. some scholars

challenge this very notion of mutilation because socially practiced more initiated FGM rather

than physically.

• FGM as a Form of Disability:- the UN Conventions on Rights OF Persons with

Disabilities, 2006 (Article 1) defines: ‘Persons with Disabilities’ to include those

who have long term physical, mental, intellectual or sensory impairments which

in interaction with various barriers may hinder their full and effective

participation in society on equal basis with others.[The Rights of Persons With

Disabilities Act,2016: Sec- 2 (a) ].

FGM as a practice which gives woman ‘Disabilities’ for their whole life. They

never able to enjoy their life, they never able to give a normal birth, they never

able to come out from ‘trauma’. They have a pain not only in their vagina but

inside their heart & soul. A person who born medically fit but on the name of

tradition some make them ‘Disable’. It is against nature. Everybody has her own

identity and that the body does not need any other ‘Stamp of Validation/

acceptance’ from society.

FGM is a Permanent Disability. This is a physical abuse on 6 years old girl.

• FGM as A form of Violence against Women & Girl Child: - FGM is a kind of

Violence against Women & Girl Child. Constitution of India Ar. 2- ‘Declaration

on the elimination of violence against women Act includes:

a) Physical, sexual & psychological violence, dowry-related violence,

marital rape, FGM & other harmful practices against women.

b) Physical, sexual & psychological violence within the general community.

Sexual harassment in educational institutions or workplaces.

c) Physical, sexual & psychological violence Condemned by state.

CEDAW General Recommendations no.19 declares ‘Gender-based violence as against Human

Rights, General International laws, under Ar.1, Ar.2, Ar.5 (a) measures to “Modify the social &

cultural patterns of conduct of men & women”.

Separation of

individual from group

grgroup.

Marginalization ReintegrationP a g e | 10

In 1990, on their 14 recommendation of CEDAW. It taken measures to eliminate FGM. FGM

defined as a physical abuse against 6 years old girl. It is clear that FGM is in any format is a form

of child abuse, gender violence against women. After mutilation, the relationship between

mother and daughter deeply change because ‘A GIRL AFTER HER MUTILATION SHE SEEN

HER PARENTS AS A ABUSER NOT AS A PROTECTOR’.

FGM & WORLD POLITICS: - International arena & politics taken steps against FGM:

Australia – The Crimes Act, 1995. (Estimate 53,000 women in Australia suffered from FGM.

Australian govt. arrested 30 people in practicing FGM).

1997 – WHO, UNICEF joint an action against FGM.

United Kingdom – The Female Genital Mutilation Act, 2003.

2008 – WHO with 9 other UN partners. Advocacy for the abandonment of FGM called

‘Eliminating Genital Mutilation: An interagency statement’?

2010 – ‘Global strategy to stop health care provider from performing Female Genital Mutilation’

by UN Agencies.

Nigeria – Violence against Persons Act 2015. Under section 6(2) & 6(3) carried out. Anyone

who invites, aids counsel another person ever attempt to carry out this process attracts a criminal

penalty- FGM is prohibited.

2016 – UNFPA & ONICF against FGM.

2019 – UNICEF declares: ‘Zero Tolerance to FGM’ campaign to Eliminate it by 2030. UN

Secretary-General Antonio Guterres declares: -

“Together, we can eliminate Female Genital

Mutilation by 2030. Doing so will have a positive ripple effect on the health, education and

economic advancement of girls and women”.

FGM & LEGAL FRAMEWORK

Article 21 – ‘No person shall be deprived of his/her life or personal library. Except according to

a procedure established by law’.

Article 25-28 – Indian constitution giving every religion to preach, promote & manage their

religion but no one allows practicing any abuse to children.

Section 319 to 326 – ‘varying degrees of hurt and grievous hurt’.

Section 324 – ‘Voluntarily causing hurt by dangerous weapons or means’.P a g e | 11

Section 326 – ‘Voluntarily causing grievous hurt by dangerous weapons or means’. It includes

shooting, stabbing, cutting. The culprit shall be punished with imprisonment for life.

Section 3(B) POCSO – ‘Penetrative Sexual Assault’ it is abuse to child. It includes any kind of

abuse that harming child physically or mentally.

The Goa Children’s Act (sec 2), 2003 – defines sexual assault as a different types of intercourses

with vagina, use of objects with children.

Integrated Child Protection Scheme 2009 – established an efficient system for vulnerable

children & child development.

National Policy for Children 2013 – ‘State is taking affirmative measures- legislature, policy or

otherwise. To promote and safeguard the right of all children, to ensure equal opportunity, no

custom, tradition is allowed to violate or reject or prevent children from enjoying their rights.

(Lawyer Collective, 2017)

FGM: SOME INDIVIDUAL’S EXPERIENCE

(A documentary: India’s dark secret: Female Genital Mutilation by Harinder Baweja, 2016)

This documentary shows the reality of FGM. It is not just a theoretical perspective. It is a reality

and this documentary presents this with some individual experiences.

❖ MASOOMA RANALVI is not a name. it is real experience of pain. Masooma is a Muslim

Bohra woman, she is 50 years old. She was cut 42 years ago, but the pain is still fresh as

before. She shared her experience as- ‘her mom takes her for bought chocolate for her.

Then, her mother took her to the Bohri Mohalla in Mumbai. They went into a dark

building. Where a lady commands her to lie on the floor. She acts as an obedient child

then her grandma holds her hands behind her back and other women pulled her pants

down. She started crying her grandma consoled her. Suddenly she shrieked in pain that

put some black powder on her cut and she came back home she cried a lot. ‘She

understands what happened to her after so many years but the reason for this cut she

does not understand till now’. Then she comes to know it is common in their

community.

❖ AREFA JOHRI is a young journalist. She was also cut. She asked this question to herself

‘why she got this cut’? The answer is-

“Tradition is not easy to slay. Slaying young girls

is easier”. [Johri’s words].

Commonness is both of her was getting a cut at the tender age of 7 to 8 years. But the

pain is how their mothers consensually agree with society to give their daughters this

pain?P a g e | 12

❖ ZEHRA PATWA is a 45 years old US-based Technology Project Manager. Zehra was not

aware of this tradition. She had dealt with this pain for all her childhood. One day she

comes to know about this. ‘Lack of Openness’ is the main cause of pain. Bohra

community is one of the most prosperous, educated, modern, Islamic communities. Why

still they are practicing this kind of inhumanity?

❖ MARIYA TAHER is a social worker. She raised her voice against mutilation practices.

She raised her voice against her own experience because that cut is not only given her

pain in her vagina but this cut gives her a mental, emotional pain. She put this as-

“If I hadn’t been cut. The sad part is I will never know”.[Mariya’s words].

But there are other women like SHAHEEDA KIRTANE a researcher in Public health &

INSIA DARIWALA a filmmaker. Both are From The Bohra community but these two

women successfully escaped from the cut. Insia Dariwala describes FGM as a ‘CHILD

ABUSE’.

FGM AND JURISDICTION IN INDIA

November 2011 – Bohra women posted an online petition requesting that Syedna Md.

Burhaddin (religious leader of Dawoodi Bohras), ban FGM. But a spokesman said:

‘Bohra women should understand that our religion advocates the procedure and they

should follow it’.

February 2016 –

‘Each One, Reach one’ campaign started. This was launched by 50

survivors of FGM. Around 45,000 women sign this petition. Sahiyo an NGO supports

this campaign. It tries to collect audiences at global level to speak against FGM.

10 December 2016 – A petition submitted to Maneka Gandhi. The Petition signed by 30

women.

12 February 2017 – A Public Interest Litigation on Female Genital Mutilation filled by

Advocate Sunita Tiwari. She advocates Article 21 & 14. Women from Bohra community

write a letter to Prime Minister NARENDRA MODI to intervene in FGM practices in

India because India doesn’t have a Anti-FGM legislation. Even though FGM is not

recognizing as a child abuse under POCSO, 2012.

May 2017 – Women and Child Development Minister Maneka Gandhi announced that

the govt. will ban FGM, if it is not voluntarily stopped.

Justice D.Y.Chandrachud remarked during the hearing ‘the woman’s has complete

control over her genitalia is center to her identity, dignity’.

November 2017 – The online campaign started under the banner of ‘WE SPEAK OUT’

was started on 19 Nov 2017.P a g e | 13

July 2018 – 9 July 2018, The Supreme Court questioned the practice of FGM. A bench

headed by CJI Deepak Mishra was held by The Attorney General of India

K.K.Venugopal, representing the center, that the practice causes irresponsible harm to

give children and needed to be banned.

Senior Advocate A.M Singhvi is appearing for Muslim group and justify FGM as religion

Practice. Singhvi referred to male circumcision in Islam allowing in all countries.

Advocate Sunita Tiwari on her appeal demands a strict action on the inhuman practice of

KHATNA because it is nowhere written in Quran. But Singhvi argues ‘the practice is an

essential religious practice and thus it is protected by Article 26 of THE

CONSTITUTION OF INDIA’

.

K.K.Venugopal and Rohatagi requested the court to refer the matter to an Apex court and

also submitted the legality of FGM in Dawoodi Bohra tradition.

On 30 July 2018 CJI Deepak Mishra found ‘FGM as a violation of Right to Life and

Dignity of Women’.

Countries like the USA, Australia and other 27 African countries ban FGM as a practice.

They have proper legislation procedures for this.

Government of India response to Supreme Court –

But on 29 December Indian officials have told that ‘There is no data found to show

Female Genital Mutilation exist in the country’. [TOI, 9 July 2018]

FGM as a practice against on UN Universal Declaration of Human Rights India is one of

the members who signed this but now, we are the one who stuck between religious rights

and Human Rights. Why no one talks about humanity? Why no one raise the question

against cruelty?

Sardar Syedna Taher Saffuddin Saheb vs The State of Bombay 1951. In this case, we

can see that it is a challenge to Bombay Prevention of the excommunication Act 1949

was challenged this act was enacted as a redressal sought by some boycotted member of

Bohra Community. The act prohibited any kind of boycott of a person from his or her

community but Sardar Syedna Taher Saffuddin Saheb challenge this under article 26 of

the constitution. That’s why the still problem remain the same because the leaders for a

community do not stand for a change. (Lawyers Collective, 2017)

PUT AN END TO FGM: SOLUTION

• AWARNESS: NEED TO TALK– Firstly, society is lacking something that is talking or

discussion. People should talk about the biological, mental, psychological impacts of

FGM on the life of women. People should talk about sexuality. Mothers should talk to

their daughters about their curiosity, their desires. Pre-marital sex or pre-maritalP a g e | 14

relationship can be stopped by just explain them or by answering their desirable question

Female Genital Mutilation is not the only way to stop them.

• STOP IMPOSING ON THEM WHAT RELIGION DEMAND – Secondly, women are also

part of the definition of human beings they also have a body and sense of pain. Stop

imposing your tradition your superstitions on their body without their consent.

• CHANGE CUSTOMS – Human-made customs for themselves but customs are not made

human. Then why society and people give preference to the customs over the human

body that’s why customs should be changed.

• ENFORCEMENT OF LAWS – Government should intervene in the inhuman traditional

practices and initiated the laws to stop FGM.

• BEING HUMAN, RESPECT HUMANITY – As a human everyone should respect

humanity because it’s ‘My Vagina My Choice’.

FGM: AN INNER VOICE: CONCLUSION

I give this paper title as ‘CRUELTY BEHIND VEILS’ not because of FGM practiced

invisibly in society or behind the closed curtains or behind the close doors.

But because of when the judiciary demanded a statement from officials the officials just

claim that ‘There is no data or evidence to prove the existence of FGM in India’ while a

woman Zubeida claims that she has an experience of 20 years. She had performed 6000

khatna at that time. This is a shame on Institution, on society, on the mentality of people.

‘God made her beautiful & Perfect in her way. She is having only

the necessary organs in her body. No one needs to do alteration in her organs. No one

should allow making her perfect by the ‘BLADE’. That blade is not only giving her

physical pain, not only a mental trauma but give her a ‘SHAME’ because someone alters

her body without her permission, even if she does not need that alteration. Stop this

‘ALTERATION’. These institutions & laws are just on papers. But crime is happened

‘Against her soul against her dignity’

.

‘DO NOT MAKE HER FEEL SHAME FOR BEING A WOMAN’. Celebrate her

womanhood, celebrate her femininity. A mother should interact with her daughter &

answer her curiosity, about her sexual desire. Not using that BLADE to control her

sexuality. As a mother, if she was suffering from this cruelty than she must protect her

girl child from this inhumanity. We all are humans, we have some biological differences

and differences in our desires as a male or as a female or as a transgender but we are

humans. Body Circumcision is a crime against both men & women. Why she needs

approval of society for ‘Her Purity’. Stop being cruel against her desires, her body.

‘Blade not only cut her ‘VAGINA’,P a g e | 15

That Blade cut her soul, dignity, womanhood, childhood,

That Blade cut the trust of a girl from her family,

Who once promise to make her safe,

That Blade cut her emotional relationship with that woman who gives her birth,

That Blade cut her desires, her True self,

That Blade never became ‘THE STAMP OF PURITY’!!

These lines are an explanation in itself. But actually ‘HER VAGINA IS HER CHOICE’.

(Fig: 1.3: FGM & Social exclusion)

SOCIAL NORMS

HUMAN BEING

MALE FEMALE

UNCUT CUT

IMPURE PURE

EXCLUSION INCLUSIONP a g e | 16

Fig 1.3 shows how a cut / FGM become important for a purity of women in Dawoodi Bohra

community. A woman also suffered from this pain because if she is not cut her vagina that means

she is not pure. That cut is a mark of ‘PURITY’. Through this cut they become inclusive member

of society. Women do practice this because they have a fear of being excluded from the society.

But government, society need to take some action against this cruelty and should be recognize

this as ‘extreme form of discrimination & cruelty against women & girl child’.

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African Institute Vol. 65, No. 4 (1995), pp. 506-523 (18 pages).

Andro, Amelle & Marie Lesclingand (2016), “Female Genital Mutilation: Overview and Current

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, Population (English Edition 2000), Vol. 71, No. 2 (2016 April-June), pp. 216-273,

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Bewley, Susan et. Al (2010), “Female Genital Mutilation: Pediatricians should resist its

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