Incriminating Female Genital Mutilation | Indian Penal Code | Human Rights | The National TV

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Introduction

Female Genital Mutilation(FGM) means partial or total removal of the clitoris or any female genital organs for non-medical reasons. It is the violation of the Human Rights of girls and women as it causes excessive pain, genital tissue swelling, vaginal, sexual, menstrual, psychological problems, and increased risk of childbirth complications. It is usually carried out on minors. This kind of practice violates the Right to Equality, Right to health, Right to life.

 

 

Sudan: This is the country having the highest rate of Female Genital Mutilation in the world. 87% of Sudanese suffered through FGM at the early age of 5 - 14. FGM is the traditional norm mentioned in Sharia Law. It was being supported by many people in Sudan but the transactional government introduced a national Law banning Female Genital Mutilation. Sudan's Criminal Code was amended and introduced a fine and imprisonment for 3 years against any such violators. India Female Genital Mutilation is mainly prevalent among Bohra women. A PIL was filed in Supreme Court questioning the validity of FGM.

 

 

It was contended that such practices are inhuman and infringing fundamental right to live with dignity, honor under Article 21 of the Constitution of India. This type of practice also attracts the provisions of Indian Penal Code i.e Sec 319(hurt) and 320 (grievous hurt). It was argued against the banning of practice that it violates Article 25 of the Constitution of India which is freedom of religion. But FGM isn't mentioned anywhere in the Quran. Sunita Tiwari v. Union of India (2018) was referred to five judges bench where the constitutionality of FGM practice was challenged and yet to decide. But the three judges bench in Sunita Tiwari case directed the Director Generals of State Police to take action against FGM until guidelines are framed.

 

 

 

 

 

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