Lawyers Collective recommends implementation of Law against Female Genital Mutilation in India.
A 57-page report, titled ‘Female Genital Mutilation: A guide to eliminating FGM in India’, discusses at the legal framework surrounding the issue, dynamics of the Dawoodi Bohra community, FGM and its practice in India.

Union Minister for Women and Child Development, Maneka Gandhi, while expressing her views on FGM, said, if the Dawoodi Bohra community does not agree to give up the practice of female genital mutilation (FGM) or khatna, then the government will enact a law to prohibit the same.

This statement by Maneka Gandhi, was made in the backdrop of the Supreme Court’s notice to the Centre, seeking a reply in a PIL, advocating a complete ban on the practice of FGM and to declare it as a cognisable, non-compoundable and non-bailable offence.

It comprises all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reason. While it is mainly carried out on girls between the ages of 1 and 15 years, occasionally, adult and married women are also subjected to this procedure.

Despite the global and national efforts to promote abandonment of the practice, FGM, it remains widespread in different parts of the world. In India, this practice is common amongst the Bohra community, where the ritual is referred to as “Khatna” or “Khafz/Khafd”. Khatna essentially involves cutting the tip of a girl’s clitoris when she is 6-7 years old.

The practice of FGM/C is often sought to be justified on grounds of protecting women from sexual desires and on grounds of religious freedoms of communities.

FGM has short term and long term ill effects on the health and psychological well-being of the victims. The severity of the cutting/mutilation directly corresponds to the harm suffered. Since anesthesia is rarely used on the victim during the procedure, there is extreme pain. The other short term health risks are excessive bleeding, swelling and inflammation in the genital area, infection, urinary problems and in some extreme cases, even death.

According to the report, countries like the UK and Australia have enacted specific legislation against female genital mutilation.

Hence concluding, the report recommends enactment of a law against FGM since there is no specific provision in Indian Law and the practice goes largely unnoticed. It has also been seen, internationally, that it has proved necessary to have a specific law dealing with the subject, which addresses not only prosecution but also prevention, education, awareness building, relief and rehabilitation