Introduction
Viksit Bharat@2047 represents the Government of India's aspiration to transform India into a developed country by 2047, marking the 100th anniversary of its independence. This vision circumscribes multiple dimensions of progress, encompassing economic advancement, social development, environmental sustainability, and effective governance. A country’s development is measured considering various parameters such as a high GDP or low unemployment rate or performing well on the Human Development Index (HDI) including education, literacy, and health. When the health of the people of the nation is given such importance, the necessity to remove certain practices that harm the health is also of due importance. One such practice is the procedure of Female Genital Mutilation practiced among a sect of Shia Muslims in India. This blog scrutinizes the sophisticated aspects of Female Genital mutilation, its physical and mental implications on young girls, and the need for passing legislation to forbid FGM in India because a developed country like India should be free from such barbaric traditions.
Female Genital Mutilation
Women being an important pillar of society are subject to a lot of harassment. This harassment towards women even starts when they are little girls and continues for a long time. One of the most prevalent persecutions is on the grounds of religion and customs. One such custom is the practice of Female Genital Mutilation (FGM) among the Dawoodi Bohra community among the Shia Muslims. On the contrary male circumcision which has been seen as a ritualistic religious practice among the Jews and Islams can be backed with strong medical reasons such as hygiene and preventive health care. But this is not the case with FGM or female circumcision, it is being contemplated as a course of action to equip a young woman for maturity and matrimony. This hideous practice of cutting the genitals infringes upon the right of a woman to health, integrity, and privacy as well as undermines their rights towards reproduction and sexuality. The question now arises is how important the prohibition of this barbaric process, is to protect and promote the rights of every single girl child who is prone to undergo this with or without their consent but on the will of their family on the grounds of some religious and customary practices. In India, this practice is mainly among the Dawoodi Bohras a sect of Shia Muslims in the region of Gujarat, Rajasthan, Maharashtra, and Madhya Pradesh. FGM has both Immediate and Long-term complications which include severe pain, excessive bleeding Genital tissue swelling, infections, urinary problems, etc. Whereas long-term complications can include sexual problems, increased risk of childbirth complications, menstrual problems, and vaginal problems as per many reports. Sepsis, a kind of infection, can also be caused due to this act, thus it calls for an urgent need for its prohibition.
FGM in India and the Need for its Prohibition in Developed India
India is a country where equal rights and recognition are given to everyone irrespective of their caste, sex, religion, or creed. Even though Equality is one of the most important concepts enshrined in the preamble of the Indian Constitution, there are incidents where people are discriminated against based on their Gender, where women are not treated on par with women. Let's now look into situations where the practice of FGM violates the basic rights provided under the constitution of India. 1) Article 14: “Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth” Gender discrimination is the basis for female genital mutilation. It denies individuals the equal protection of the law by singling them out for a damaging practice based only on their sexual orientation. Additionally, it robs women and girls of legal protection against bodily and psychological harm. Their right to live a life free from violence and harm is violated by the practice, which also puts them at risk for health problems. Thus, through the practice of FGM Article 14 is getting violated.
2) Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth FGM primarily targets women and girls based only on their sex. It is a practice that is applied to them because of their gender, which is clearly against Article 15's ban on sex-based discrimination. In addition, it violates girls' and women's bodily integrity, which is a basic component of their rights. It directly violates the spirit of Article 15 by discriminating against their physical autonomy by putting them through this activity.
3) Article 21: Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law Girls' and women's lives may be in peril due to the significant health hazards associated with female genital mutilation. This is against Article 21's guarantee of their fundamental right to life, which includes the freedom to live a dignified life free from threats to one's life. Girls who undergo FGM frequently lose their personal freedom and bodily autonomy because of the procedure being carried out against their will and without permission. Individuals' right to personal liberty is safeguarded under Article 21, which also forbids any actions that infringe on it. The fundamental right to privacy which was recognized in the case of K.K Puttuswamy vs Union of India which is now considered under the purview of Article 21 is also violated through FGM.
Conclusion
In India, till now no legislation prohibits this barbaric practice, and the need for one is of immense importance. In the present scenario, the courts interpret laws and apply the IPC and POCSO Act to deal with them. Sections related to assault, grievous hurt, etc. are taken into consideration for the same. Upon exploring the situation from various perspectives, we like to conclude that the practice of Female Genital Mutilation is a horrible practice that is being done in the name of religion and this practice violates the basic human rights of a girl or a woman. In a country like India where men and women are given equal rights and recognition, a practice like this is a pure violation of basic human rights as well as other rights which are enshrined in the Constitution of India. Thus, Viksit bharat@2047 should also aim at the prohibition of such a hideous practice.
- Josna Maria George
3rd Sem B.Com. LLB
- Muhammad Fayaz V.
3rd Sem BBA. LLB
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