“My 8-year daughter had her khatna done and at around 4 pm that day she started bleeding profusely, it was like she got her periods. At midnight, when the bleeding still did not stop and now blood clots had started falling out, my husband and I called the circumciser and took her to hospital, fearing my daughter will bleed herself to death. At the hospital, the doctors did her dressing and gave her some medicines but the blood still would not stop. At this point, the circumciser agreed to the fact that the girl might have moved a little which would have resulted in a little more of her part being cut, however, she said that this was the first case that had been spoilt in her experience of 35 years. My daughter was taken to a bigger hospital at 8 a.m. the next morning where the surgeon first tried to fix the skin with an instrument but it didn’t work as it was extremely painful and it was burning her. Finally, they had to stitch her which ultimately stopped the bleeding.” recounts Durraiya, a 41-year-old mother stating ‘I got her back from the hands of death'. She also talks about how her daughter eventually has developed a fear of injections, doctors and hospitals after the incident.[1] It is not known how many girls and women die as a result of the practice, because complications may not be recognized or reported as this tradition is a well-kept secret of the communities practicing it.
Khatna, Khafz, Khafd or more popularly known as Female Genital Mutilation, often abbreviated as FGM, refers to the harmful procedure which involves the alteration or total or partial removal of the external female genitalia for non-medical reasons carried out mostly by traditional practitioners. This practice does not entail any health benefits and is rather considered detrimental for the victim's health due to the multiple risks and health complications involved.[2] It is classified into four types, the third type known as infibulation being the most pervasive form wherein a physical barrier is created by narrowing the vaginal opening in order to prevent premarital sexual intercourse and is generally cut open before the first night after marriage. Complications are more frequent in this type, most of the times it leads to menstrual and urinary disorders, urinary tract infection, recurrent bladder infractions, dyspareunia (painful sexual intercourse), and obstetric fistula along with others.[3]
It is a deeply rooted traditional practice in more than 30 countries including Western, Eastern, and North-Eastern regions of Africa, and some countries in the Middle East and Asia. Regardless of numerous steps being taken at both the international as well as the local level, over 20 crore girls have undergone female genital mutilation.[4] In India, although the tradition is veiled in secrecy, a 2018 study found out that at least three out of four Bohra women admit that they had subjected their daughters to female genital mutilation.[5]
A writ petition was filed in 2017 against Female genital mutilation in Dawoodi Bohra community [Writ Petition (Civil) No.286 of 2017] by Sunita Tiwari, a lawyer in Delhi, in the Supreme Court seeking a ban on the practice of female genital mutation in India. This matter was heard in September 2018 by a three-judge Bench who then referred it to a Constitution Bench. The court deemed FGM to be a cultural issue, not a religious one. “It is an issue of rights, gender-based violence, and an act of crime,” the apex court commented.
Recently, a five-judge bench referred a review petition filed against its 2018 judgment, which allowed the entry of women of all ages into the Sabrimala Temple to a larger 7-judge bench. Among other questions, the petition dealt with the issue of the practice of female genital mutilation in the Dawoodi Bohra community. This question highlighted the conflict of the interplay between fundamental rights and faith.[6]
The practice of female genital mutilation is not only a gross violation of basic human rights but also of rights granted to women and girls under the constitution of India under Article 21 that guarantees protection of life and personal liberty and Article 15 that prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.[7] Along with risks of health complications, both immediate and long term, there are various psychological impacts of FGM which include, but not limited to, anxiety disorders, depression, feelings of isolation, post-traumatic stress disorder.[8]
Sahiyo, an NGO working in the area of empowering Asian communities to end FGM, recorded the experiences of an anonymous mental health professional who underwent FGM as a child, her struggles with it, and how it has affected her life. A major impact can be seen on her mental health. She states "It scars the soul and you wonder if it is even required to be done.” and goes on to say that as a mental health professional she would not recommend it and feels that it is an intentional gender-based violence and a measure to control women's sexuality.[9]
Several International Organisations have condemned the act of FGM and have defined it as an act of ‘violence against women’.[10] India being a signatory to such legislations is also obligated to ‘pursue by all appropriate means a policy of eliminating discrimination against women and, to this end, undertake all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women’.[11] While it is true that FGM can be penalised under the IPC for being a form of ‘hurt or grievous hurt’[12] and even be described as an offence under POCSO Act[13], these general statutes fail to address certain nuances that are specific to this offence. Due to the absence of specific legislation several factors often go unnoticed. Abettors or people involved in aiding this procedure are not held accountable, there are no guidelines or regulations for medical professionals carrying out this procedure and, moreover, there is no awareness about supporting and rehabilitating the victims of this offence. This calls for a more holistic approach in dealing with the menace of FGM, which can be achieved by adopting specific legislation to eliminate this practice.
The unregulated practice of FGM would continue to scar young girls and women all over the country unless there is specific law to deal with the issue. FGM fails to find a specific mention in our statutes while thousands of women continue to suffer from this practice. Today, as the world observes the International Day of Zero Tolerance for Female Genital Mutilation, there is a burning need to realise the importance of laws and legislations in curbing such brutal offences. While the world pledges to accelerate investment in ending the practice of FGM, India should strive to formulate legislation to not only criminalise the practice but also ensure prevention, increase awareness about the consequences of FGM and provide relief and rehabilitation to the victims of this practice.
[1] The Clitoral Hood A Contested Site, We Speak Out https://wespeakout.org/site/assets/files/1439/fgmc_study_results_jan_2018.pdf (Feb 6, 2022 3:30 PM) [2] Female Genital Mutilation, World Health Organisation https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation (Feb 6, 2022 4:00 PM) [3] Female Genital Mutilation (FGM) Frequently asked questions, United Nations Population Foundation https://www.unfpa.org/resources/female-genital-mutilation-fgm-frequently-asked-questions (Feb 6, 2022 3:00 PM) [4] Female Genital Mutilation Guide to eliminating the FGM practice in India https://www.lawyerscollective.org/wp-content/uploads/2012/07/Female-Genital-Mutilation-A-guide-to-eliminating-the-FGM-practice-in-India.pdf (Feb 6, 2022 1:30 PM) [5] Shalini Nair, At least 75% Bohra women admit female genital mutilation, says study, The Indian Express https://indianexpress.com/article/india/75-bohra-women-admit-female-genital-mutilation-study-5052869/ (Feb 6, 2022 1:30 PM) [6] Bhadra Sinha, Supreme Court refers entry of women to Sabarimala to larger bench, Hindustan Times https://www.hindustantimes.com/india-news/supreme-court-refers-entry-of-women-to-sabarimala-mosques-to-larger-bench/story-V5M5W0ibYxVWaCGUMVXXAK.html (Feb 6, 2022 2:00 PM) [7] Female Genital Mutilation Violates Constitutional Rights: Supreme Court, NDTV https://www.ndtv.com/india-news/female-genital-mutilation-violative-of-constitutional-rights-supreme-court-1892433 (Feb 6, 2022 12:00 PM) [8] Jeroen Knipscheer, Erick Vloeberghs, Anke van der Kwaak, and Maria van den Muijsenbergh, Mental health problems associated with female genital mutilation, 39 BJPsych Bull 273-277 (2015) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4706216/ [9] As a psychotherapist, I would not recommend khatna, Sahiyo https://sahiyo.com/tag/bohra/page/6/ (Feb 6, 2022 6:00 PM) [10] Article 2(a), Declaration on Elimination of Violence against Women. [11] Article 2, Convention on the Elimination of All Forms of Discrimination Against Women. [12] Indian Penal Code, 1860, § 324, 326, No. 45, Acts of Parliament, 1860 (India). [13] Protection of Children from Sexual Offences Act, 2012, § 3, No. 32, Acts of Parliament, 2012 (India).
This article is authored by Tanisha Kachhawa, a student of Gujarat National Law University, Gandhinagar.
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