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HUMAN RIGHTS VIOLATIONS RELATED TO FEMALE GENITAL MUTILATION.BY - SHAMBHAVI
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HUMAN RIGHTS
VIOLATIONS RELATED TO FEMALE GENITAL MUTILATION.
AUHTORED BY – SHAMBHAVI
INTRODUCTION
As everyone knows, a person is born with a certain set of rights known as
human rights. As soon as a child
breathes their first breath on Earth, regardless of their gender, race,
religion, language, or anything else,
they have this ability. The Declaration of Human Rights was a watershed moment in the development of
human rights. On December 10, 1948, in Paris, the United Nations General Assembly passed it. In India, everyone is
subject to the country's highest law,
known as the Constitution. The Indian Constitution safeguards individuals from abuse of any kind
and seeks to maintain their inherent worth and dignity.
The
constitution stipulates that laws protecting women, children, and the
vulnerable members of society are
within the purview of the legislature. The goal is to strengthen and embolden groups that
are frequently subject to violations of fundamental rights.
Back
in the day, ladies in India were worshipped as incarnations of the goddess of
love. Women's standing did not
drastically decline until the Muslim era, and ever since then, they have been recognised as a particularly
vulnerable demographic whose rights and dignity must be protected. There have been repeated
attempts to increase
women's rights through
legislation, but none have been successful.
Although
though there is a lot of legislation and organisations working to safeguard
women's rights and remove them from
the vulnerable category, women's rights are still being infringed and their dignity is being undermined in
some nations. One of the aims of the United Nations Charter is to reaffirm belief in the inherent value and dignity
of the human person and in the equality of the sexes.
Respect
for Human Rights and Fundamental Freedoms without regard to race, sex,
language, or religion
is one of the stated goals of the United Nations,
as stated in Article 1 of the Charter. Article
13 (the General Assembly's mandate) and Article 55 both reiterate
the ban on discrimination on the basis of sexual
orientation (promotion of Universal
Human Rights).
Article
25 of the Universal Declaration of Human Rights Charter addresses the issue of everyone's right to a healthy environment
and access to medical care. The text also addresses the need of protecting mothers and their children and the right
to a minimum level of living. As a
breach of the right to physical and mental wellbeing, FGM is also condemned on
the grounds of Article 5. Article 5 of the Universal Declaration of Human Rights
guarantees everyone the right to be treated with respect and dignity at
all times. Cutting private parts of women
and girls is a discriminatory practise that goes against the requirements of
the United Nations, as it is
mentioned in Article 2 of the UDHR that no one should be discriminated on the basis of sex, caste, religion, place
of birth, etc. While it is true that everyone has the right to feel safe and secure in their daily
lives, the women who go through this experience severe emotional trauma that can take years to overcome. Female genital
mutilation is a violation of the law
because its proponents believe that if women never experience pleasure during
sexual activity, they will never revert to bestiality, which is addressed
in Article 12 of the law.
Refugees
who have been granted protection under the 1951 Convention on the Status of Refugees are specifically mentioned as a
group who have been forced to flee Female Genital Mutilation. This article attempts to define "refugee"
and "refugee rights," and to clarify the responsibilities of the state in which a refugee seeks asylum.
The
Human right to the best possible state of physical and mental health is also
recognised in Article 12 of the 1966 International Covenants on Civil
and Political Rights
and on Economic, Social, and Cultural Rights.
Female
genital mutilation is a violation of women's rights, and as such, states are
obligated to take measures
and enact law to prevent
it under the Convention on the elimination of all forms
of discrimination against women, 1979. General Recommendation 14 from
1990 and General Recommendation 24 from 1999 of the Convention emphasise
that certain cultural
and traditional practises,
such as FGM, carry high risk of death and may endanger life and lead to disability, and that the state parties
should take necessary
and appropriate steps by implementing laws to prohibit FGM. It is
suggested that the involved states pass laws that would prevent such acts from continuing.
Examining the most recent legislative scenario
from the years 2000-2016. The Beijing Declaration in 2000 acknowledged the efforts
of individual nations to outlaw FGM and noted
that discriminatory social attitudes make women and girls more
susceptible to gender-based violence.
The government should enact laws and regulations that effectively end violence against women.
The
European Parliament passed an anti-FGM resolution in 2001. Female
genital mutilation (FGM) survivor rate: a) this metric
b)
Urging the state parties to take action to ensure that women and girls at risk
of FGM are afforded the right to asylum.
The
Commission on the Status of Women adopted a resolution to ban FGM in 2007.
Human Rights Council produced a
resolution in 2014 demanding "intensifying worldwide efforts and sharing
excellent practises to
successfully abolish the FGM."
In 2016, the UN General
Assembly passed THE GIRL CHILD RESOLUTION, which condemned FGM as a form of discrimination against
girls and a violation of their human rights.
Human
rights violations against women include genital cutting on females. That's the
worst kind of injustice, because
it strips a woman of her rights
and her ability to feel proud of herself as she makes her way through life. On
February 6th, people all over the world show their disapproval of FGM by commemorating World Day of Zero Tolerance.
The precise meaning of female genital
mutilation must be grasped. By deliberately altering or injuring the female genital
organs for non-medical reasons with dangerous
devices, traditional circumcisers practise female genital mutilation, which is a violation of the right
to life of women. There is zero evidence
that it improves health in any way. It's a form of violence towards
females. Girls between
the ages of 5 and 15, or early adolescence, are the target
demographic for this surgery. This method is harmful because it
violates the rights of women and girls. This is a clear case of discrimination based on sexual
orientation, gender identity,
or any other protected category. Since it primarily affects young girls, it also violates their
human rights. The right to life, the right
to health, and the right to be free from torture and exploitation are all being
undermined by this practise. This
procedure is harmful to the girls' health and could even be fatal, hence it violates their right to life. This
appears to be followed primarily in African nations. Most natives and recent immigrants engage in
this activity throughout the western, eastern, and north-eastern parts of Africa, as well as in some parts of the Middle
East and Asia. Thus, FGM is a worldwide issue.
Female genital mutilation can take
one of four forms:
Clitoridectomies, Type 1
The prepuce,
or clitoral hood, and a portion
of, or the entire, clitoris, are surgically removed.
Procedure 2: Excision
It involves
cutting off the labia minora and, in certain cases,
the prepuce as well.
Infibulation, Type 3
Excision of the external genitalia, with or without
subsequent stitching, is known as infibulation.
Category 4: Other
Harmful procedures on one or both of the clitoris
and labia, such as pricking, piercing, incising, stretching, scraping, etc.
OBJECTIVE:-
The
point of this is to discourage women from engaging in sexually satisfying
sexual activity outside the confines
of marriage. Since the tradition varies from place to place and country to country, the reasoning for it is unclear.
It is also unclear as to the origins of this activity, yet traditional forms of it may be found all
across the world. This tradition stems from patriarchal ideals of female
submissiveness and seeks to limit women's opportunities for sexual fulfilment. Its primary function is to enhance the sensual experience for
male partners. Men find sexual activity pleasurable since women suffer greatly when engaging in it.
NOT GOOD FOR YOU AT ALL:
When discussing Female
Genital Mutilation, a practise followed
by traditional circumcisers, it is important to emphasise that there is no medical
justification for the procedure. This practise disrupts the normal bodily processes of
girls and women by removing and destroying healthy and normal female genital tissue. As a result, it has
devastating effects on the reproductive process and raises
the chance of death and other
health problems.
Several
factors threaten women's health, which in turn undermines their fundamental
human right to wellness.
The following are some possible
instant compensations:
An excessive amount of blood loss during labour
and delivery.
The
woman experiences excruciating agony during sexual activity, menstruation, and
labour and delivery.
b) Enlargement of the genital
tissue
d) Fever
e) Infection
Bleeding from the bladder
f) Issues with wound healing
h) Damage to the vaginal tissue around the area I Shock
j) Death
The following are examples of potential
long-term health issues:-
a) Urinary
tract infection
Urinary issues can manifest
as an infection, or they can manifest as pain during urination
and subsequent itching,
both of which
can be quite uncomfortable
and even irritable for women.
Vaginal problems, such as excessive
discharge, which can cause infection
and lead to vaginal itching, bacterial vaginitis, and other vaginal infections, are a second
potential danger.
c) During this time, menstrual
issues arise for women and girls. They experience severe pain and trouble bleeding during their menstrual cycles.
Major issues can include
scar tissue and keloids.
Scar tissue, also known as fibrotic tissue, is what grows in the place of
normal, healthy tissue after it has
been injured or killed, such as by a cut, a serious injury, or surgery. Scar
tissue can occur after
surgery or as a result
of illness if there is internal tissue injury.
One
sort of elevated scar is called a keloid. A keloid scar may or may not form
after a scar is received. Each injury
that leaves a scar has the potential to turn into a keloid on keloid-prone skin. For
example, a bad case of
acne or a cut.
It decreases pleasure
during and after sexual activity, so it's a concern even before you start.
f) It raises the possibility of difficulties during childbirth, such as the mother suffering
from heavy bleeding
and the baby passing away.
g) It might cause mental health issues like sadness,
anxiety, PTSD, low self-esteem, etc.
Fetal Implications of Female Genital
Mutilation
Researchers have revealed that women who have undergone female genital
mutilation have a significantly
higher chance of dying during childbirth than those who have not undergone the procedure. Prolonged and difficult labour is another
potential cause of the baby's
death. Women who have had extensive FGM have a higher risk of having
a stillborn or severely disabled
child.
AN INDIAN VIEWPOINT:
Religions, languages, cultures, and philosophies all coexist peacefully in India. Female genital mutilation is a practise that is popular
not just in Africa but also in the Dawoodi Bohra community in India,
a sect of Shia Islam.
This procedure is performed not for the health of the woman, but so that she will not feel any
pleasure from sexual activity, and so will not be able to bring shame to the community. Increasing the frequency with
which men engage in peno- vaginal sex increases the likelihood that women will become pregnant, which in turn increases the size of the
population and aids in the spread of Islam.
Women
of reproductive age or older typically perform this task in India. As India's
Muslim population is the most
tolerant, allowing girls to attend school and work outside the home, the country has a disproportionately high
number of incidents of female genital mutilation. There is a danger of HIV infection because this cultural ritual
typically involves a large number of females all getting their Genital parts cut at once using the same instrument.
A knife,
pair of scissors, glass shards, or razor blades
are all appropriate tools for the job.
This is done to strip women
of their autonomy in the bedroom and reduce sexual engagement to nothing
more than a means to an end (having more and
more children).
The
right to life and the right to live in dignity are violated by this practise,
as are others, such as the right to
a safe and healthy environment and the right to medical care. Contrarily, it violates Article 14, which guarantees
equal treatment of all people, because in the Muslim society, women's sexual autonomy is curtailed while men's is
bolstered, giving the men more leeway
to abuse and abandon their wives. Unfortunately, the Universal Declaration of
Human Rights, an international
treaty issued by the United Nations to promote and safeguard Human Rights,
does not prohibit
or restrict this practise, and there is no explicit
law in India to prevent
or restrict it. Shia Islam
addresses the practise
of female genital
mutilation. Khatana is another name for female genital mutilation in
India. FGM is performed in complete privacy, and the reasons for it are never discussed openly. Syedna Mufadda
Saifuddin, in a press statement
made in June of 2016, defined
circumcision as a "religious purity" rite. According to
Da'imal-Islam, female and male
circumcision is the primary cause for this. Islamic taharat is about more than simply physical cleanliness; it is also
about spiritual and religious purity. When considering a petition to outlaw female genital mutilation (also known as
"Khatana"), the Supreme Court ruled that the practise
violates the Constitution's guarantees of freedom
of religion, speech,
and assembly and the right to
life itself (Article 21 and Article 15). After hearing the case, Judge Dipak Mishra ruled that "it is
violative of Article 21 of the Indian Constitution as it puts the female infant to the trauma of female
genital mutilation." Women in India have options and should not be expected to bow to men's
whims. In India, the practise of khatana has been deemed illegal. Violence against women is a violation of all the
rights women have by virtue of being women.
CLINICAL DATA ANALYSIS
It is estimated that more than 200 million
girls and women alive today
have undergone female
genital mutilation in countries where the practise is prevalent,
according to data provided by the
World Health Organization. In addition, every year, almost 3 million girls are
at danger of being subjected to
FGM. The vast majority of females get this procedure before they age fifteen.
UNICEF provides
information on the nations with the highest rates of FMG/C
and the percentage of girls who have had difficulties as a result
of FMG/C. Sixty-three percent of girls
who underwent FGM/C in Somalia had their genitalia stitched shut. Just
19% of girls and women in Guinea agree that FGM/C should be abolished, compared
to 42% of boys and men.
Sixty-two
percent of cut girls in Djibouti, an east African country, had the procedure
done between the ages of five
and nine.
Female genital
mutilation and cutting
was performed on girls in Egypt. Seventy-seven percent of girls who
have undergone FGM/C had medical professionals perform the procedure. By many traditional circumcisers' standards,
FMG/C is a religious ceremony with deep historical roots. Over 60% of women and girls underwent
this practise in the name of religious obligation.
Seventy-four
percent of women and girls between the ages of 15 and 49 in Ethiopia had undergone Female Genital Mutilation,
according to data analysis conducted by the United Nations Population Fund Associations (UNFPA). Female genital
mutilation, as depicted
by the
trends
data graph, is less common among girls aged 15–19 than among women aged 45–49, and its incidence declined by 7 percent between 2000 and 2005.
Where FGM is not
permitted
Africa: Benin (2003), Burkina
Faso (1996), Central
African Republic (1996,
2006), Chad
(2003), Cote d'Ivoire
(1998), Djibouti (1994,
2009), Egypt (2008),
Eritrea (2007), Ethiopia
(2004), The Gambia
(2015), Ghana (1994,
2007), Guinea (1965,
2000), Guinea Bissau
(2001),
Liberia (2018, by one-year executive
order), Kenya (2001, 2011), Mauritania (2005), (2005,
2011)
Australia (1994–2006; 6 out of 8 states); Austria (2002); Belgium (2000);
Canada (1997); Colombia (Resolution
No. 001 of 2009 by indigenous authorities); Cyprus (2003); Denmark (2003);
France (Penal Code, 1979); Italy (2005); Ireland
(2012); Luxembourg (2008);
New
Zealand (1995); Norway (1995); Portugal
(2007); Spain (2003);
Sweden (1982, 1998); Switzerland
(2005, new stricter penal norm in 201); and Switzerland (2005, new stricter
penal norm in (1996)
Conclusion:
Female genital mutilation is a worldwide problem since it breaches basic
human rights that everyone is born
with and has negative psychological and physiological consequences for the women who undergo
the procedure. This menace
can be reduced by the rules and policies that many
organisations and states are enacting through their governments, legislators,
and the media. The practise is widespread among India's Muslim population, and the country
desperately needs stricter regulations to crack down on it. Just Articles
15, 14, and 21 exist to protect women
in India, which is insufficient.
Article Information
HUMAN RIGHTS VIOLATIONS RELATED TO FEMALE GENITAL MUTILATION.BY - SHAMBHAVI
Authors: SHAMBHAVI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/18
- Volume 2
- Issue 7
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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