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Published : November 08, 2017 | Author : advocateekta26
Category : Miscellaneous | Total Views : 342 | Rating :

  
advocateekta26
Ekta Bansal Assistant Professor at Delhi Metropolitan Education, Noida BA LLB, LLM
 

Female Genital Mutilation

Female Genital Mutilation commonly known as FGM has recently an eye opener for the Ministry of Women and Child Development and set the system in motion. Though the practice of FGM is rampant in India and from time immemorial but this issue has seen the light of the day when human rights advocate raised this issue by filing a PIL in SC for issuing the writ of Mandamus or any other direction to ban the practice of FGM in India.

Supreme Court looking at the severity and the concern considered various factors namely the female minors of a particular Muslim community are being subjected to the practice of FMG also known as khatna which is a process of removing part or all of the female genetalia are exposed to serious health issues thereby posing risks to their life. Though this practice is an offence under section 320, 322, 334, 335,336,337, 338 and 340 of Indian Penal Code which is a general law and there is no specific law on the subject further aggravates the problem.

Also this practice is against the fundamental right of Article 14 and 21 of the Constitution of India as the child who undergoes this practice is denied the equality status and suffers the differential system of practice of Khatna upon them and is denied with the life and personal liberty. These are the basic fundamental rights which a citizen (including children) is entitled to enjoy.

The myth behind the practice of FGM is that Muslim men of Bohra community are mostly merchant and they need to travel a lot, so due to this absurd notion that wives of these men must not feel sexual urges when they are away and thereby subjected the females of this community to the practice of khatna so that their wives remain chaste. Also the khatna practice is followed blindly despite the fact that Quran has no mention of it.

Across the world the practice of Khatna is outlawed my many countries. Voices have been raised against this inhuman practice and for its ban in India. Considering the seriousness the Supreme Court has accepted the PIL and passed the order in favour of Muslim females to ban the practice of Khatna and gave direction to the Government to make the law for the subject to specifically deal with it and declare the khatna a serious criminal offence.

End Note:
PIL filed in Supreme Court by Advocate Sunita Tiwari 2017




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