"Sacred Body, Scars of Tradition: Unveiling the Reality of Female Genital Mutilation"

Female genital mutilation (FGM), also known as female genital cutting or female circumcision, refers to the partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. It is typically carried out on young girls before they reach puberty, and the practice is often deeply rooted in cultural, traditional, and social norms within certain communities. Female genital mutilation is a cultural practice that occurs in several cultures and is practised in India by some Islamic groups. The Dawoodi Bohra is one sect of Islam in India known for their practice of FGM, with other Bohra sects reported as partaking in practices of FGM as well. The procedure frequently occurs at the age of seven and involves "all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs." The process is typically performed by a traditional practitioner using a knife or a blade and can range from Type I to Type IV. The consequences of FGM take on a wide range and can span from discomfort to sepsis and have also been correlated with psychological consequences, such as post-traumatic stress disorder.

Given the global and specific Indian aversion to FGM, it's crucial to examine the factors that sustain this practice, with misogyny being a prominent factor. In the realm of gender politics, there's a tendency in both India and the West to frame gender violence and misogyny as manifestations of 'culture' and 'tradition'. This perspective contextualizes why FGM remains largely unaddressed and is even considered a social norm within the Indian Bohra community.

Within the Bohra community, FGM is entrenched as a social norm, where deviating from these norms can result in varying degrees of sanction, from personal guilt to social exclusion and stigma. This societal pressure further compels conformity to FGM to maintain community acceptance. FGM is viewed in the Bohra community as a ritual marking a girl's passage to adulthood, yet it imposes severe restrictions on female sexuality from a young age, dictated by patriarchal cultural norms [42]. Despite community beliefs, many women who have undergone FGM perceive it as a direct assault on their sexuality. Support for the practice within the Bohra community often includes claims that uncut women are barred from significant religious ceremonies or are seen as harboring ill luck for brides. Understanding the intricate social norms and cultural values that shape the meaning and significance of FGM within the Bohra community is crucial for advocates against FGM. It underscores the importance of respecting Bohra culture while challenging practices that can dehumanize women.

Numerous factors contribute to the persistence of the practice. Yet in every society in which it occurs, FGM is an expression of deeply rooted gender inequality. Some societies see it as a rite of passage. Others use it to suppress a girl’s sexuality or ensure her chastity. FGM is not endorsed by Islam or Christianity, but religious texts are commonly deployed to justify it. Where FGM is most prevalent, communities may deem it a prerequisite for marriage or inheritance. This makes it difficult for parents to abandon the practice. Families who don’t participate face ostracism, their daughters at risk of becoming ineligible for marriage. UNFPA estimates that over 4 million girls are at risk of FGM each year. In 2021, an additional 2 million cases of FGM were predicted to occur over the next decade, as a result of COVID-19-related school closures and disruptions to programmes that help protect girls from the practice. Global efforts have accelerated progress being made to eliminate FGM. Today, a girl is about one third less likely to be subjected to it than she was 30 years ago. Still, sustaining these achievements in the face of population growth presents a considerable challenge. By 2030, nearly one in three girls worldwide will be born in the 31 countries where FGM is most prevalent, putting 68 million girls at risk. If global efforts are not significantly scaled up, the number of girls and women undergoing FGM will be higher in 2030 than it is today.

In May 2017, a public interest litigation (PIL) case was raised in India's Supreme Court. The case was filed by Sunita Tiwari, a lawyer based in Delhi, and sought a ban on FGM in India. The Supreme Court received the petition and sought responses from four states and four central government ministries. An advocate for the petition claimed the practice violated children's rights under Article 14 (Right to Equality) and Article 21 (Right to Life) of the Constitution of India, while an advocate opposing the petition argued that khafz is an essential part of the community's religion, and their right to practise the religion is protected under Articles 25 and 26. The Ministry of Women and Child Development reported in December 2017 that "there is no official data or study which supports the existence of FGM in India." Earlier, in May 2017, Women and Child Development Minister Maneka Gandhi announced that the government will ban FGM if it is not voluntarily stopped. In September 2018 the Supreme Court referred the PIL to a five-judge constitution bench at the request of Venugopal and the counsel for the Dawoodi Bohras. In November 2019, the Supreme Court decided that the issue of FGM be referred to a larger seven-judge bench and that it be examined alongside other women's rights issues. The court said it was a "seminal issue" regarding the power of the court to decide whether a practice is essential to a religion.

- Aunam

(Content Associate)