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Rashmika Singh

The Struggle between Culture and Rights : Tackling Female Genetal Mutilation





Rashmika Singh, School of Law, Christ (Deemed to be) University


Abstract


Female Genital Mutilation is a traditional cultural practice and is widespread in many African and Asian countries. In this practice infants, girls, teens, and women in various cultures throughout the world are subjected to partial or complete removal of their genitalia. Within the cultures where FGM is practiced the procedure is believed to mark a rite of passage to adulthood, girls are robbed of their sexuality at a very young age just so the Patriarchal culture demands it. The World Health Organisation classifies this practice into four types, and each one varies in its intensity. This practice is generally performed by midwives without the use of anesthesia using crude and unsanitary instruments such as razor blades, scissors, or even broken glass, due to which women face many health issues throughout their lives. In India, this practice is predominant in the Bohra Community, a Shia sub-sect.


Female Genital Mutilation is a direct attack on a woman’s sexuality, her Right to Privacy, it denies woman their equal personhood and the opportunity for social equality. Many African and Western countries have adopted laws banning this practice and international organizations have taken numerous steps to end this. Multiple African countries have taken creative steps to curb this practice.

The author in this paper discusses the issue of Female Genital Mutilation in detail, it highlights the Rights of Women that are infringed because of Female Genital Mutilation being considered a cultural practice and compares Male Circumcision with Female Genital Mutilation. The author also discusses various legislations and international efforts and proposes a way to tackle the issue in the Indian scenario.


Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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