1. NO OFFICIAL DATA ON EXISTENCE OF FEMALE GENITAL MUTILATION, CENTRE
The Ministry of Women and Child Development has held that there is no official data or study that supports the existence of FGM in India.
This is in response to a writ petition in Apex court seeking a ban on subjecting minor girls from the Dawoodi Bohra community to Female Genital Mutilation (FGM).
The writ petition is seeking a ban on the inhuman practice of ‘khatna’ or FGM, also known as ‘female circumcision’ or ‘khafd’ making it a cognizable, non-compoundable and non-bailable offense.
Bohra women have been campaigning for a ban on the practice of type 1 FGM (removal of the clitoral hood) in India.
They had submitted their petition to WCD Minister in May 2017.
As an interim measure, the ministry said it would issue advisories to all state governments, pointing out the IPC and POCSO provisions under which FGM cases can be prosecuted.
FGM violation of fundamental rights
FGM has no reference in the Quran, violates fundamental rights and the rights of the child, and has been banned in the US, Australia and 27 countries in Africa.
India, being a signatory to the UN General Assembly resolution of December 30, 2012, for a worldwide ban on FGM, should also declare it illegal.
Provisions against FGM
Female genital cutting is a crime punishable under the IPC.
There are various POCSO sections dealing with penetrative sexual assault, aggravated penetrative sexual assault and aggravated sexual assault under which hospital staff, blood relations or guardians of the child can be made to serve a jail term.