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The right to freedom of religion is guaranteed under Article 25 and Article 26 of the Constitution of India, but it is not a guarantee and is subject to certain exceptions such as public order, morality and health. The Dawoodi Bohra community, including the Dawoodi Bohra Women’s Association for Religious Freedom (DBWRF), has contested this petition and sought to safeguard the continuance of this practice by arguing that a legal prohibition on FGM/C would violate their fundamental right to freedom of religion enshrined in the Constitution of India. Subsequently, the matter was referred to a larger constitutional bench, without an interim order being passed, and is still pending. In May 2017, a petition was filed before the Supreme Court of India seeking a complete ban on the practice of FGM/C and declaration of the practice as illegal and unconstitutional. However, Daim al-Islam, a religious text followed by the Dawoodi Bohra community, does endorse the practice. Furthermore, leaders from within the Dawoodi Bohra community itself have condemned the practice as well. Additionally, it is important to note that, several Islamic/Muslim majority countries have banned the practice as well. Notably, many Islamic scholars around the world have denounced the practice and don’t endorse it, and the practice is not mentioned in Islam’s Holy Book, the Quran, either. That is, while the Women and Child Development Minister initially called for the Dawoodi Bohra community to end the practice voluntarily, or face it being criminalised, the government later reversed its stance and stated that there was no official data on the existence of FGM/C in India.
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The official government stance on the issue has vacillated.
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The practice as performed in the Dawoodi Bohra community on girls aged 6-7 years involves either the partial or complete removal of the clitoral hood as it is considered to be an ‘immoral lump of flesh’ which obstructs the attainment of ‘ taharat’ or ‘purity.’ As the practice is mainly carried out on young girls, FGM/C is not only a women’s rights issue but also a child rights issue. FGM/C, ALSO known as ‘Khatna or Khafd,’ is mainly practised by the Dawoodi Bohra community, a sub-sect of Shia Muslims in India. In 2017, Sahiyo, a non-governmental organisation working towards eradicating FGM/C, released a report highlighting the prevalence of the practice in India. The practice of FGM/C has no medical benefits, can cause severe health complications, and can lead to physical, psychological and emotional harm.Īt present, India has no law banning the practice of FGM/C in the country.
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This piece will focus on the practice of FGM/C in India and the legal aspects surrounding its practice.Īccording to the World Health Organization (WHO), FGM/C encompasses “all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.” Although FGM/C is predominantly practised in 30 countries spanning the African continent, it is a global phenomenon seen in other parts of the world as well. Due to the disruptions caused by the COVID-19 pandemic, UNICEF estimates that two million additional cases of FGM/C may occur over the next decade. Female Genital Mutilation/Cutting (FGM/C) is a global concern, and a major human rights violation of girls and women worldwide.