A child does not understand tradition, religion, or social custom, she understands only pain. Female Genital Mutilation is often performed at an age when a girl cannot speak, resist, or even comprehend what is being done to her body. What is justified as “culture” leaves behind lifelong scars physical, psychological, and legal.
Observed every year on 6 February, the International Day of Zero Tolerance for Female Genital Mutilation reminds us that this practice is not merely a social issue, but a grave crime and a serious violation of human rights that demands accountability under criminal law.
Female genital mutilation (FGM) refers to all procedures that involve the partial or total removal of the external female genitalia, or any other injury to the female genital organs, for non-medical reasons. It is most commonly performed on girls during infancy or before the age of 15.
Pause for a moment. Imagine an infant enduring such pain without the ability to express her suffering. That is the reality of this practice. While the act itself may be brief, the aftermath lasts a lifetime: hemorrhage, severe infections, urinary problems, and complications during childbirth.
Today, over 230 million girls and women alive have been subjected to FGM. Families often carry it out believing it will "benefit" the girl socially or religiously, but we must be clear; zero health benefits exist, there’s only profound harm.
Female Genital Mutilation is not just a harmful practice; it is a crime. Globally, the legal consensus is shifting toward zero tolerance.
While FGM is illegal in a large majority of countries either through specific anti-FGM legislation or general criminal laws regarding grievous bodily harm, enforcement remains the challenge. The European Union, UK, US, Canada, Australia, and New Zealand explicitly criminalize FGM, often asserting extraterritorial jurisdiction. This means it is an offense to take a girl abroad to undergo the procedure, closing a major loophole in the law.
In Africa, where the practice has been traditionally most prevalent, over 30 countries (including Egypt, Kenya, Nigeria, and Sudan) have enacted laws prohibiting it, often driven by obligations under the Maputo Protocol. Meanwhile, international instruments like CEDAW and the Convention on the Rights of the Child (CRC) obligate all State parties to criminalize the practice, regardless of cultural defenses.
The issue has arguably reached a critical legal juncture in India. In Sunita Tiwari v. Union of India, the Supreme Court was seized of a Public Interest Litigation seeking a ban on FGM practiced primarily within the Dawoodi Bohra community. The petition challenged FGM asviolative of fundamental rights under Articles 14 and 21 of the Constitution specifically the rights to equality, life, personal liberty, bodily autonomy, and privacy.
From a legal perspective, FGM cannot be treated as lawful merely because India lacks a dedicated 'FGM Act.' The practice falls squarely under Section 118 of the BNS as the use of cutting instruments to alter the body constitutes 'grievous hurt' by dangerous weapons. When performed on minors, the POCSO Act is even more stringent; Section 3 interprets 'penetrative sexual assault' broadly enough to cover such invasive procedures. Therefore, the legal machinery exists, it simply requires the will to enforce it against the shield of tradition.
The International Day of Zero Tolerance for Female Genital Mutilation is not just a symbolic date; it is a call to take responsibility. While legal debates may continue around intent or constitutional protections, one thing must remain clear: culture can never justify cruelty.
We do not need to wait for new laws to understand that this practice is wrong. Laws against grievous hurt and child abuse already exist and are strong enough to deal with such acts. What is missing is the willingness to use them. It is time to stop hiding behind the idea of “tradition” and to recognize female genital mutilation for what it truly is, both legally and morally; a crime against a child. Zero tolerance must mean no excuses, no exceptions, and no more silence.
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