Female Genital Mutilation & Human Rights

Injila Muslim Zaidi, BA LLB (Hons.), Jamia Millia Islamia University, New Delhi

Najaf Hussain, BA LLB (Hons.), Jamia Millia Islamia University, New Delhi

ABSTRACT

Female Genital Mutilation (FGM) is a religious practice observed by Bohra Community. It has been protected as a Fundamental Right to practice their Religion which is guaranteed by the Indian Constitution and other International Conventions. In fact, the name of religion is providing protection to the violation of bodily autonomy and dignity of women. The practice is a socio-legal issue which needs to be tackled immediately. The practice is symptomatic of a larger problem at the root of it. India being signatory to UNCRC and other International Conventions must have a legislation or guidelines to regulate such kind of inhumane practices in the name of religion. In this paper, the author discusses the practice of Female Genital mutilation (FGM) and why it requires immediate attention of legislators and the Judiciary. The author has found out the reasons for such practice, role of women’s choice, impacts of such practice on girls etc. An attempt is made to show how the practice violates the cherished Fundamental Right to Equality, Choice, and Life of the females of Bohra Community. The author further attempted to find the balance between the conflict of two fundamental rights, i.e. Right to Life and Right to Religion. It is further attempted to address the seriousness of issue as to violation of human Rights and normalcy regarding the same. Constitutional protection to such an inhumane practice calls for legislation in order to prevent the violation of fundamental right to Life, Equality and Choice in the name of religion.

Keywords: Right to Equality, Right to Religion, Constitution, Essential religious practice