Lack of law makes FGM go unnoticed

FGM case not explicitly an offence under the IPC

Lawyers says that Female Genital Mutilation (FGM) was not defined as an offence under any Indian law. Though there are some provisions in the Indian law for criminal action against any form of hurt, there is no specific mention of FGM and the practice largely goes unnoticed.

Internationally, it has been proved necessary to have a specific law dealing with FGM, which addresses not only prosecution but also prevention, education, awareness building, relief and rehabilitation.

It has been felt that a definition for FGM as an offence has impeded efforts for eradicating and successfully prosecuting such offences.

Mr C. Mallesh Rao, a senior criminal lawyer of the city said that FGM cases are prosecuted under Section 326 of the IPC and under Section 3 of the POCSO Act. He explained that though FGM case is not explicitly an offence under the IPC, on a complaint, the police are obligated to register a case under Section 326 of the IPC and Section 3 of the Protection of Children from Sexual Offences Act, 2012.

He said that Section 3 of the Pocso Act addresses penetrative sexual assault by any person on any child, inter alia defines it as insertion of any object into the vagina of the girl.

He said that it was established in precedence that penetration in sexual offences need not be complete penetration.

In fact, explanation 1 of Section 375, IPC, categorically states that the term vagina includes labia majora and FGM, which requires insertion of a sharp object into the vagina of a child, may be covered under Section 3, Pocso Act read with explanation 1 of Section 375 IPC.

Section 326 of IPC stipulates that, “Voluntarily causing grievous hurt by dangerous weapons shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years.