‘End female genital mutilation’
The custom of female genital mutilation (FGM), practised by the Dawoodi Bohra community, is a criminal offence and if the community does not stop it voluntarily, the government will bring in a law to ban the practice, Union women and child development (WCD) minister Maneka Gandhi told Hindustan Times.
Section 320 (causing grievous hurt), 323 (punishment for voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 325 (punishment for voluntarily causing grievous hurt).
On May 8, the Supreme Court had sought the views of the Centre and four states in response to a PIL seeking ban on female circumcision, which is mainly practised by the Dawoodi Bohras in India. The WCD ministry had started consultations with community members and NGOs on the issue, after receiving several representations from Bohra women to end the custom, when the apex court stepped in 12 days ago.
“We will write to respective state governments and Syedna, the Bohra high priest, shortly to issue an edict to community members to give up FGM voluntarily as it is a crime under Indian Penal Code (IPC) and Protection of Children from Sexual Offenses (POCSO) Act, 2012. If the Syedna does not respond then we will bring in a law to ban the practice in India,” Gandhi told HT.
The ministry has already held one meeting with people from the Bohra community, activists and legal experts to discuss the contours of the draft law.
Commonly called khatna, the custom is inflicted on young girls, usually when they are around six or seven years old. Carried out mostly by midwives, it involves cutting off the clitoral head, in the belief that it will curb a woman’s sexual drive.
Gandhi said that despite the fact that the practice is illegal under Indian law, it continues surreptitiously.
“It could be that the community is not aware of the specific provisions of law that makes FGM illegal. So we decided to sensitize the community through Syedna about the provision in law that makes the practice illegal,” she said.
Over 20 African countries have banned FGM and also many western countries, including the United Kingdom and the United States. In December 2012, the UN General Assembly adopted a unanimous resolution to eliminate the practice.
In India, it is only recently that women from the community have started speaking up against the custom. In 2015, an online petition “Speak out on FGM” was started by women from Bohra community. Except for the National Commission for Women that has backed the campaign, the government has mostly remained silent.
THE GOVT WILL WRITE TO RESPECTIVE STATE GOVERNMENTS AND THE BOHRA HIGH PRIEST TO ISSUE AN EDICT TO GIVE UP FGM VOLUNTARILY AS IT IS A CRIME