Female genital mutilation survivors demand clarity in law

A group of female genital mutilation (FGM) survivors and activists have come together to demand clarity in law to deal with the "harmful criminal practice" and not allow it in the garb of religious sentiments.

The 'Speak Out on FGM', a group of survivors, and an NGO 'Lawyers Collective' says the Indian law has provisions for criminal action against any form of hurt but there is no specific mention in laws and the practice largely goes unnoticed.

"It has also been seen, internationally, that it has proved necessary to have a specific law dealing with the subject, which addresses not only prosecution but also prevention, education, awareness building, relief and rehabilitation," a report 'A Guide to Eliminating Practice of FGM in India' prepared by the two groups said.

A separate law is needed to expose the problem and address it as a "harmful criminal practice and not as an acceptable religious practice", the report said.

Over 200 million girls and women have undergone FGM worldwide and the practice is most common in 30 countries across Africa and in some countries in Asia. In India, this practice is common amongst Bohra community, it said.

Deep rooted discrimination against women and girls is cited as the reason for the practice by the groups, the report said adding various justifications like religious dicta, an aid to female hygiene and a tool to control or reduce female sexuality are given in support of FGM.

"In a study conducted amongst women of the Dawoodi Bohra community, it was found that religious requirements, traditions and customs and the wish to curb the girl’s sexuality were the main reasons for the flourishing practice," the report noted.

Prominent lawyer Indira Jaising said every practice must stand the scrutiny of the Constitution and we demonstrate it to be non-discriminatory. "FGM is not only illegal but is also unconstitutional as it disproportionally impacts the girl child. It is also prohibited by International conventions which India has signed," she said.

Speak Out on FGM Convenor Masooma Ranalvi said a law along with administrative measures of promoting awareness, sensitizing the community on the subject and grass roots campaigning for social reform will help us eventually root out the practice of FGM.

The report has demanded that the parent, the cutters and propagators (Amils) should be penalised. Victims should not only be compensated but also be rehabilitated, cases should be reported to a government and accredited NGO.

It also suggested that a designated person should be able to obtain a restraining order in case of proposed FGM.