Female Genital mutilation- Tradittion vs Parity By Adarsh Kumar, DSNLU Vizag, 1st Year Law Student

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     Female Genital mutilation- Tradittion vs Parity


 

Female genital cramp “ खतना” “, it’s a deal with and that comes to all that procedureswhichever are of non-therapeutic variety and whichever results toward the entire elimination of a girl’s genitilia mainly of girls ranging from infants to 15 years of age
It have connections with the  fact that FGM is performed by long-established circumcisers who used to observe childbirths previously but a relocate within the business is seen and it’s miles consummated by preventive practitioner, the very notion of it being performed by medical practitioners inevitably fuels the cruel rehearse. It is principally worked individually  “Bohra” society of muslims, associated with  “shia” religion and that they justify this practice by portraying it as a part of their culture, the foundation on this subject rehearse might be traced back to the tale where they were merchants and on every occasion that they had in the interest of a work trip their better halves needed to submit to the rehearse of FGM, the view held individuals was principally the law of  regulating one’s carnal behaviour, to prevent her from anything which could ensnare her to have an extra marital affair, little doubt can be raised over the fact that this practice encroached upon their domains of parity and privacy in the narrowest manner possible. FGM has been further classified into 4 types”-

1) Clitoridectomy- It comes to the whole or unfair replacement of the clitoris
2) Excision- It comes to budget relocation of clitoris and libia minora
3) Infibulation- It comes to consolidation the vaginal opening
4) It is concerned with acts such as ear splitting, scraping, incising etc.

The proponents of it, the bogus ones, those who obscure their wicked intent within the name of “benefactor” of one’s culture and tradition  are of the view that this practice is still performed by them because of the socio cultural norms which have been imposed upon them by their ancestors, the fear of being ostracised always lingers in the mind of those who somehow wish to end and disavow it themselves, the viewpoint of those supporting this diabolical act received sheer criticism, as they were of the view that it barely affects their health conditions, however these health problems were noticed as an aftermath of the practice- 1) Excessive bleeding
2) Fever
3) Tissue swelling
4) Shock
5) Death
6) Haemorrhage
And the long run implications human- 1) Having menstrual problems
2) Increased possibilities of stillbirth

And it further extends to psychological afflictions such as- 1) Post macabre trauma disorder
2) Depression

It is worth mentioning that all the assertions made by the supporters fall flat, as up till now no such evidence has been found in any of their holy scripture, which would back their assertion, and precisely they only get the status of mere assertions which throughout remain completely baseless
Since we belong to a democratic country where each and everyone has a fair share in the progress of the nation, however with these practices our nation ascends the throne of regression and due to which our name suffers on a global context, it is pertinent to note that it is fine to have something as a part of one’s culture and tradition, however when it is abhorred by the population at large, it is rendered the status of “illegality” and the same happens with this demonic practice, which constantly harps upon the denial of one’s rights and liberty, Belonging to a democratic nation it is very important to respect and ensure ones rights and liberty and that is ensured by our constitution as per article 14 and 21,every person has been awarded certain rights and it’s violation is penal in nature and article 21 ensures right to life to each and every citizen of our country, and here life means a life of dignity and respect which however is not ensured by the continuance of the practice of FGM, As per section 324 of our Indian Penal Code, FGM is illegal and is punishable, as per section 3 and 5 of the POCSO act, as per which penetrative sexual assault is illegal & punishable and section 9 of the same act talks about aggravated sexual assault and all this collectively outlaws this practice

In the year 1997 WHO published a research, findings of which pointed over to the fact that this practice can only be eradicated when the community which practices it, collectively discards it, however this does not remain the case, however in 2008 a resolution by the name 61.16 was introduced and its focal point was-health, education, justice, finance etc. It laid stress on:- 1) Building evidences and establishing a cause and effect relationship

2) Increasing advocacy, and ensuring international, regional and local co                                operation

Any tradition or custom has to withstand the test of reason and just after it fails to stand the check and then it should be en masse disavowed, for if not disavowed it works detrimental to the society’s interest and at large the nation’s interest, and denying one’s rights in today’s time is the cardinal sin done to humanity, it must be noted that even after introduction of several legislations, its eradication can’t be ensured till the internal cleansing is done and that can be done by those belonging to the community, what we need is togetherness and every thing which would change the thought process of the people, and by this a sense of realisation can be brought in the mind of the people and good amount of patience is also needed, for Rome wasn’t built in a day

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