Female Genital Mutilation: A Socio-Legal Approach Authored By- Vasvi Dwivedi & Mehak Sahu
Female Genital Mutilation: A
Socio-Legal Approach
Authored By- Vasvi Dwivedi & Mehak Sahu
INSTITUTIONAL AFFILIATION
SVKM’S Pravin Gandhi College of Law, Mumbai
Contents
INTRODUCTION
According to the
World Health Organization (WHO), female genital mutilation or cutting (FGM/C)
refers to "any treatments involving partial or complete removal of the
external female genitalia or other harm to the female genital organs for
non-medical reasons." The external genitalia of a girl or woman may be
pierced, sliced, removed, or partially sewn shut during these treatments.
Real-world usage is luring young girls between the ages of 6 and 8 with the
promise of sweets or some other reward into an unknowing location where another
lady crudely and unhygienically slices a portion of the clit with a razor or blade
without anesthesia. The practice is more of a cultural one and has nothing to
do with religion. Patriarchy has its roots in the very foundation of FGM. It
comes from the idea that women's sexuality undermines the patriarchal system.
Women are considered
"unclean" and "not suitable for marriage" in some
conservative Muslim communities there until FGM, the intentional cutting or
removal of a female's external genitalia, is carried out. According to the law,
anyone who orders the treatment faces up to three years in prison and doctors
who perform it risk up to seven years in prison if found guilty.
Reda Eldanbouki, a
human rights attorney and director of the Women's Centre for Counseling and
Legal Awareness in Cairo, claims that the ceremony is still frequently carried
out under the guise of "plastic surgery" (WCGLA). According to
Bishara Sheikh Hamo from the Borana Community in Kenya's Isiolo County, FGM can
result in physical and mental health issues that later harm women.
Despite the fact
that 24 of these countries have laws or other regulations against FGM, the
procedure is nevertheless extensively practised, according to a Unicef survey
conducted in 29 countries in Africa and the Middle East.
FGM is
increasingly being carried out on neonates and infants, according to specialist
and attorney Dr. Charlotte Proudman, in nations like the UK where it is
prohibited. The girls aren't in school or old enough to report it, therefore it
is "nearly impossible to detect," according to the authors.
A mother in London
was recently convicted guilty of performing FGM on her three-year-old daughter,
making her the first person in the UK to get such a verdict. On March 8, she
will be sentenced.
TYPES OF FGM
There are usually four types of
Female Genital Mutilation. Type I refers to the partial or total removal of the
clitoral hood. Type II is the partial or total removal of the outer labia
with/without the removal of the inner labia. In Type III, the external
genitalia are removed. In Type IV, the clitoris is nicked (a form of symbolic
circumcision), the genitalia are burned or scarred, and chemicals are injected
into the vagina to tighten it.
Type I
The clitoral glans, a sensitive area
of the female genitals that is externally visible, and/or the prepuce/clitoral
hood, the fold of skin that surrounds the clitoral glans, are removed partially
or entirely in Type I. In Type I, only the clitoral hood is removed. Seldom is
this done alone. The clitoral glans (the visible tip of the clitoris) and
clitoral hood are completely or partially removed during Type I(b)
(clitoridectomy), which is the more frequent treatment. The circumciser slices
off the clitoral glans by pulling them with her thumb and index finger.
Type
II
(Excision) is the entire or partial
removal of the clitoral glans and outer labia, with or without removal of the
inner labia. In Type II(a), the inner labia are removed; in Type II(b), the
clitoral glans and inner labia are removed; and in Type II(c), the clitoral
glans, inner, and outer labia are removed. Any type of FGM is referred to as
excision in French.
Type III
In Type III (also known as
infibulation or pharaonic circumcision), the external genitalia is removed, and
the wound is fused. The clitoral glans may or may not be removed together with
the excision of the inner and/or outer labia. The majority of Type III is found
in northeast Africa, especially in Djibouti, Eritrea, Ethiopia, Somalia, and
Sudan (but not in South Africa).
Around eight million women in Africa
are believed to be living with Type III FGM, according to a 2008 estimate. In
2010, 20% of women who had FGM had been infibulated, according to UNFPA.
According to Edna Adan Ismail, in Somalia, the young patient is pulled open
while squatting on a stool or mat and, if available, a topical anesthetic is
used. The circumciser quickly grabs the clitoris by pressing it between her
nails, hoping to amputate it with a slash. Speed and surprise are essential.
The child's senior female relatives are then shown the organ and asked to judge
if the amount that has been taken is sufficient or whether more needs to be
removed.
Type
IV
Other damaging practices to the
female genitalia performed for non-medical reasons are classified as Category
IV and include pricking, piercing, incising, scraping, and cauterization. The
clitoris is nicked (a form of symbolic circumcision), the genitalia are burned
or scarred, and chemicals are injected into the vagina to tighten it.
Stretching of the labia is classified as Type IV as well. The custom, which is
widespread in southern and eastern Africa, is intended to increase male sexual
pleasure and strengthen the idea of a woman as a closed-off space. Girls are
taught to use sticks and massages to extend their inner labia starting at the
age of eight. In Uganda, girls are warned that if their labia are not expanded,
they can have trouble giving birth.
PHYSICAL AREAS
AFFECTED
The clitoral hood (type 1-a) and
clitoral glans (type 1-b) are removed, as well as the inner labia (2-a), the
outer and inner labia, and the vulva is closed (type 3).
RISKS
Short Term Risks
FGM has a long-term negative impact
on the physical and mental health of women. There are no documented health
advantages. The type of FGM, the practitioner's level of medical training, the
use of antibiotics, and whether sterilized or single-use surgical equipment was
used all affect both the immediate and long-term consequences.
Swelling, profuse bleeding,
discomfort, urinary incontinence, and wound infection are examples of typical
short-term consequences. Almost one in ten girls and women who have FGM,
including symbolic clitoris nicking (Type IV), experience immediate
difficulties, according to a 2014 systematic review of 56 research.
Nevertheless, the risks rose with Type III.
Additional short-term consequences
include endometritis, necrotizing fasciitis (a flesh-eating disease), gangrene,
deadly bleeding, anemia, urinary infection, septicemia, and tetanus. The number
of women and girls is unknown.
Long Term Risks
The late effects of FGM differ
depending on the type. Infection-prone epidermoid cysts, the development of
scars and keloids that cause strictures and blockage, and neuroma (growth of
nerve tissue) involving the nerves that supplied the clitoris are a few of the
conditions they entail. A female with infibulation may have an opening as small
as 2-3 mm, which can result in protracted, drop-by-drop urination, pain during
urination, and the sensation that one must urinate constantly. It is possible
for urine to build up beneath the scar, keeping the skin perpetually moist,
which can cause an infection and the development of tiny stones. Women who are
sexually active or who gave birth vaginally have wider openings, although the
urethra entrance can still be blocked by scar tissue. There might be
rectovaginal or vesicovaginal fistulae (holes that allow urine or faeces to
seep into the vagina). Infertility, infections, and incontinence, as well as
other damage to the urethra and bladder, can result from this and other types
of urethral and bladder injury.
Due to the restriction of the
menstrual flow, painful periods are frequently experienced, and blood
stagnation in the uterus and vagina can also occur. Hematocolpos and
hematometra can occur from a total occlusion of the vagina (where the vagina
and uterus fill with menstrual blood). The lack of menstruation and abdominal
enlargement can simulate pregnancy. A girl in Sudan with this illness was
reportedly slain by her family in 1979, according to a report by Sudanese
doctor Asma El Dareer.
Psychological Effects
A 2015 systematic review found that
there is little reliable data on the psychological impacts of FGM. Women who
undergo FGM are more likely to have anxiety, sadness, and post-traumatic stress
disorder, according to a number of tiny studies. When women leave the culture
where FGM is practiced and discover that their condition is not the norm, they
may feel ashamed and betrayed, but within the culture where FGM is practiced,
they may view their FGM with pride because for them it signifies beauty,
respect for tradition, chastity, and hygiene. Some studies have also been done
on sexual function. Women undergoing FGM were twice as likely to report having
no sexual desire and 52% more likely to suffer dyspareunia (difficult sexual
experience), according to a 2013 meta-analysis of 15 studies including 12,671
women from seven countries.
REASONS FOR FGM
According to a survey conducted, Test
subjects gave three main justifications for FGM: to lessen sexual desire, to
have halal hands, and out of religious necessity.
REDUCE FEMALE SEXUAL
DESIRES - The participants brought up the
misconception that FGM protects girls and women from premarital sex or sexual
promiscuity by lowering sexual desire in them. The less intelligent mutilated
and non-mutilated individuals from outside the city underlined this point of
view the most. The females are trained to please their husbands. One of the
participants said, “When I confronted my aunt about Khatna, she said it was
done so that you do not scratch your clitoris. That part itches.” This clearly
indicates the illiteracy about the Repercussions of this barbaric practice.
ACCEPTANCE IN THE SOCIETY - Participants acknowledged that some individuals believe
that because circumcised girls and women have haram hands, the food they make
or serve is haram (forbidden by Allah). Many also believe that FGM-free women
are unclean. Some individuals even believe that anything touched or performed
by an uncircumcised girl or woman will become haram and therefore not be
consumed. The uncircumcised girl and woman will consequently experience
stigmatization and exclusion from the family and community. Such societal
stigma will encourage the family to perform FGM on their daughters, and may
even encourage adult females to have the procedure in the future. A test
subject also said, “My grandmother told me that it is just a lump of flesh which
is called ‘Haraam ki Boti’. You are not supposed to have that in you; it is
sinful flesh.” The uneducated and
physically damaged individuals from outside the city emphasized this viewpoint.
The participants, particularly the uneducated
and mutilated, emphasized how many individuals hold FGM to be both a religious
obligation and a Sunnah (the custom of the Prophet Muhammad) that all Muslims
should follow. Bohra, a sect of Shia Muslims, is the only community known to
practice FGM in India. Also, the participants stressed how important religious
leaders are in preventing FGM. They believed that religious leaders should use
the khutba (public preaching) and media to educate the public about FGM. They emphasized
that religious leaders should not be embarrassed to bring up this subject
during sermons. They suggested that because people were Kurds and lacked Arabic
language proficiency, religious texts may have been misread or misinterpreted.
Thus, educating the populace about these challenges should be a key
responsibility of religious leaders.
VICTIMS’ ACCOUNTS
AFRICA -
Confined in her tent; Confined behind her veil, there is only one way to limit
the autonomy of the woman beyond this, namely by mutilating her own body. The
mother has the clitoris of a daughter excised with razor blades. By this act of
mutilation, they try to extinguish the sexuality of their daughters and impose
their submission to the desire of the males.
The girls are now eligible for marriage.
The young female children soon forget their pain by feeding on the breasts of
their mothers. A few grains of sugar spread on the wound to accelerate the
healing of the victim. This act against human rights is performed on 35 million
women in Africa.
PUNE,
INDIA - In March 2018 four survivors of female genital
mutilation in India decided to end their silence against this practice Four
very powerful voices from India's film industry decided to help them end that
silence. This is their story.
“I was 7 years old when they forced
me to have a part of my femininity cut off. I don't remember much from my
childhood my memories are very vague. Yet despite my poor memory, I clearly
remember the day I was mutilated. That day is a vivid memory. That day we went
to a place that was unfamiliar to me. The steps were covered with dust and were
broken. We went inside somebody's house and were greeted by a middle-aged lady
whom I failed to recognize. The aunty went inside another room and came back
with a blade and some other items in her hand. My grandmother asked me to
remove my pants. I innocently said I didn't want to use the washroom. They made
me lie down and held my hands firmly to the ground. The next thing I remember
is the sight of the silver Blade and sharp agonizing pain in my most intimate
area. I screamed in terror. I yelled and tried to flee. It was all over. I
cried all the way back home. I cried every time I urinated. The sight of the
blood made me sick. I was hurt and angry and confronted my mother about it. She
said she was under religious obligations and she did what she thought was the
right thing to do. Fortunately, I didn't face any medical repercussions due to
the unhygienic and brutal way I was mutilated. But it has left a psychological
impact on me. I feel disgusted, ashamed,
and angry at what has been done to me. There is no reason that justifies this
barbaric practice. There is no reason that justifies taking away women's
inherent physical rights and ability to experience a pleasure. Young girls are
scarred for life and this needs to stop.”
“The secret society, known as Bondo,
carries out FGM. In this area, it is hard to find another mature girl who has
not joined this society. Except for the very young girls. So, in this community
in my own age group, I am the only one. I don't feel good. I feel lonely. I was
16 when my mother took me for Initiation. My name is Aminata and in working
with young girls like Mariatu, educating them about the Bondo Society and
helping them escape FGM. In the Bondo community, the cutting is done by a
'sowei', a woman of the highest rank in the all-female secret societies. I asked my mother when they go out to the
Bondo bush, what happens? She said, “When you go there you just eat chicken.
Eat some big fish. It is really enjoyable.” My mother said they go there to
teach girls how to look after a man. “When you are married, how to be with your
man, how to manage your family, and how to do the domestic work.”
This is their tradition that when
someone has matured, they must go through Bondo before they can be respected in
society. Everyone will sing and dance throughout the night. Then in the
morning, they take the female child to a stream in the forest to be washed.
After the washing, they give them some clothes and then bring them to town. The
parents will give some money when they hand the children back to them.
“I am not safe in this house. I am
not safe in this community. I am afraid when I lie down to sleep that one day,
they will grab me, tie me up, and take me to the place. So, in my heart, I feel
at risk. One day this must be stopped. I will always stand up and speak out
against this Bondo society.”
“It was a very sunny morning. I remember
waking up and the sun was beaming from the window in my bedroom. I am from
Somalia. It's a very nice warm country. I woke up that morning and people were
cooking my mother had the usual caterers. I come from a privileged Somali
family. My grandparents were doctors, my mother was an accountant who worked
for the Somali government and my dad was an Electrical engineer. But this day
was really strange. What made it really strange was we had these amazing
caterers in the house, and there were a lot of colors. I thought whose birthday
are we celebrating today?
All of a sudden, my neighbor’s
daughter comes up to me and she says, “Oh Leyla you must really be looking
forward to this day. You know it's a big day for you.” I remember saying, “well
I don't know what you are talking about.” This girl was 8 years old. She
continued to talk to me and she told me what was going to happen to me this
day. At this point, I am having this out-of-body experience situation. Within
seconds I hear my sister screaming on the other side of the house. When I say
screaming it was like an animal who is being massacred. And within seconds I
heard, “Get Leyla, it's her turn.” I literally ran. I didn't know what the hell
I was running from at this point but I ran. But I am a little child. They
grabbed me, got hold of me, and took me to this room. I was Pinned down and my
clothes were taken off. My legs were spread apart. I was Pinned down by women
whom I trusted. Women I knew. They were aunties and family friends. I didn't
know what was happening to me and why and my mother was not there so that was
really strange. And before I knew it a sharp knife was taken to my body and
this was done by a doctor. At the age of 7, I endured a practice called female
genital mutilation. I felt all the pain. It's painful for someone to cut your
flesh off and as a 7-year-old to undergo such practice by people you trusted
and by a medical professional, you can imagine how devastating that was. I
still fought back but again like I said I am a 7-year-old child. There is only
so much I can fight.
After that happened, I was taken away
to a room. It was literally a room full of gifts. I got a gold watch; I got
sweets; I got chocolates. I grew up between Italy and Saudi Arabia as a child.
And I remember thinking FGM was okay because I remember my first day in school,
the girls came up to me in the playground and asked, “Oh Leyla, have you been
through gudnin?” Gudnin means FGM in Somalia. I said, “yes” and the first thing
they said was “Oh, we can play with her now.” And I remember thinking, “Oh it's
okay then,” because imagine as a seven-year-old that really meant a lot to me.
The idea of No one playing with me; no one would touch anything you touch. You
are considered dirty; you would be stigmatized by the community.”
INTERNATIONAL LEGAL
PERSPECTIVE
Human rights are violated by
practices harmful to women, such as FGM, according to the Convention on the
Rights of the Child, the Convention on the Elimination of All Forms of
Discrimination Against Women, and the Protocol to the African Charter on Human
and People's Rights on the Rights of Women in Africa.
Reports of prosecutions or detentions
in FGM-related instances have come from a number of African nations, including
Burkina Faso, Egypt, Ghana, Senegal, and Sierra Leone.
The Industrialized World Twelve
industrialized nations—Australia, Belgium, Canada, Cyprus, Denmark, Italy, New
Zealand, Norway, Spain, Sweden, the United Kingdom, and the United States—receive
immigrants from nations where female genital mutilation (FGM) is practiced. Six
out of the eight states in Australia have approved legislation against FGM. The
federal government and 17 states have made the practice illegal in the United
States.
One nation, France, has used its
already-existing criminal laws to prosecute both FGM practitioners and parents
who arrange the procedure for their daughters.
FGM/C[1]
violates fundamental rights and rights protected by the Universal Declaration
of Human Rights (UDHR[2])
and CEDAW, the International Covenant on Civil and Political Rights (IPCCR),
and the International Covenant on Economic, Social, and Cultural Rights
(ICESCR), all of which India is a party. FGM/C also violates the right to life protected
by Article 3 of the UDHR, Article 6(1) of the ICCPR, and Article 6 of the
UNCRC.
FGM/C is only performed on women, so
it violates the principles of gender equality outlined in Article 1 of the 1979
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), is classified as "violence against women" by The Declaration
on the Elimination of Violence, and, if performed on girls between the ages of
1 and 15, is considered a violation of children's rights by the United Nations
Convention on the Rights of the Child (OHCHR)
DOMESTIC
PERSPECTIVE
FGM is performed in total secrecy.
Thus, this technique is not prohibited by any laws or legislation. FGM prevents
a woman from the Dawoodi Bohra community from enjoying the protections of Articles
14, 15, and 21 of the Indian Constitution. Additionally, it violates the letter
and spirit of the 2013 National Policy for Children (NPC), which states that no
custom, tradition, cultural practice, or religious belief shall violate, limit,
or hinder children from exercising their rights. In addition to seriously
endangering a woman's health, this practice also violates her fundamental right
to equality. It infringes upon her right to a life of dignity and one free from
prejudice. Lawyer Sunita Tiwari requested a total prohibition on this practice
in a petition she brought before the Supreme Court of India in 2018.
"According to Mr. AM Singhvi, who speaks for the Dawoodi Bohra community,
female circumcision is carried out by Dawoodi Bohras in a way that is both safe
and non-mutilating. In light of the fact that the WHO report focuses on FGM
rather than circumcision, Mr. Singhvi questions its relevance ". The sect
asserts that Articles 25 and 26 of the Indian Constitution give them the
freedom to perform FGM on girls. Women have several responsibilities outside of
marriage, according to Mr. Dipak Misra, who was India's Chief Justice at the
time. He also stated that "subjugation to a husband will not pass the test
of constitutionality." Also, it is forbidden to touch a young girl's
genitalia, according to the POCSO Act. On September 24, 2018, the division
bench referred the case to a Constitution Bench. Thus, the Division Bench feels
that a careful analysis is necessary to decide whether or not FGM is a fundamental
religious practice.
CONCLUSION
FGM has social repercussions that
impact many young girls and women socially, physically, and psychologically.
Education and awareness initiatives are required in the communities where FGM
is practiced in order to end the practice. Although the majority of African
nations have made the practice illegal, since it is so ingrained in their
cultural and traditional customs, it is insufficient. The campaigns must cover
issues including FGM's negative impacts and abuses of human rights.
Culture-related issues are delicate, so the first step is to eradicate these
traditional and cultural views by educating people sufficiently about them. The
research is crucial to make sure that readers who engage in this activity are
capable of shielding kids from oppressive societies that put women's and
children's lives in danger. The topic of FGM needed to be raised because it is
becoming a global problem as a result of the increasing number of migrants. To
be able to assist in the future, it is necessary to be aware of this activity
and its effects. The initial investigation was successful in locating data on
the internet and in books. Since several groups working to end FGM, they
globally gave good information that was quite useful for the research.
The practice of FGM is alarming, and
since most people in western nations are ignorant of it, it is crucial to bring
up this subject. Human rights are intended to safeguard every person,
regardless of color, ethnicity, nationality, or age. FGM has emerged as one of
those cultural or traditional practices that have to be looked into in light of
human rights standards. Investigations on a national and worldwide scale
revealed that the practice in the cultures where it is practiced violates the rights
of women and girl children. FGM is needless, painful, hurtful, and cruel since
it has long-term effects on a person's health.
First, by empowering those who are
already knowledgeable about the practice of FGM to spread that knowledge to
others, the practice will eventually be abolished. In order for them to assist
others in their cultures who are still performing FGM, women, and girls should
also be assisted by giving them access to the knowledge they need about the
practice. A girl has been mutilated or is at risk of undergoing mutilation, and
experts in the field of community development should be urged to report any
incidents they may suspect in their community to the authorities and groups
working to end the practice.
Fortunately, this practice hasn't
taken off in India, but by learning about other people's cultures, community
development professionals will be able to spot any potentially harmful cultural
practices that exist among minority groups, saving individuals who are
unwittingly subjected to them.
“Female sexuality does not need any
moderation to be accepted.”