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Consti Interpretation Assignment

The document discusses female genital mutilation (FGM), a controversial practice involving injury to female genital organs. It is mostly practiced in parts of Asia, Africa, and the Middle East, and is classified as a human rights violation. While the origins are unclear, it has historically been practiced in ancient Egypt and other civilizations. Reasons for its continued practice are also examined.

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akhil karunanithi
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24 views

Consti Interpretation Assignment

The document discusses female genital mutilation (FGM), a controversial practice involving injury to female genital organs. It is mostly practiced in parts of Asia, Africa, and the Middle East, and is classified as a human rights violation. While the origins are unclear, it has historically been practiced in ancient Egypt and other civilizations. Reasons for its continued practice are also examined.

Uploaded by

akhil karunanithi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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B.B.A L.L.

B (HONS)
2024

CONSTITUTIONAL INTERPRETATION AND SOCIAL JUSTICE

“FEMALE GENITAL MUTILATION –


BLURRING THE LINES BETWEEN
REJECTING AND TOLERATING
CULTURE ”

SUBMITTED BY: Akhil Kuppusamy K


ROLL NUMBER: 21BLB1048
COURSE CODE: LAW5028
SUBMITTED TO: Prof. Anto Didisha
1. ABSTRACT
2. INTRODUCTION

FGM or “Female Genital Mutilation” is known by many names around the world. It is
also known as female circumcision and is a subject of controversy around the world. It
involves total or partial injury removal or injury to the female external genital tissue
which involves the clitoris, labia minora and majora as defined by WHO in 2008. 1 There
are almost 140 million women around the world who had endured this torturous
procedure and 3 million women go through this procedure on a yearly basis. It is mostly
practiced within Asia, Africa and The Middle East. Somalia, Djibouti, Egypt. Burkina
Faso, Guinea Bissau. Ivory Coast and Senegal are the countries with the highest number
of women who underwent FGM. 2

It is a recognized practice by the UN and is classified as a harmful practice and a


violation of Human rights. The committee on elimination of all forms of discrimination
against women and committee on the rights of child as well as the human rights
committee have all actively been engaged in combatting this practice and to persuade
3
member states to criminalize it. Asian countries like Malaysia, Iraq, Pakistan and of
course India too have instances of FGM but it is not as relatively as high as their African
counterparts. It is claimed to be a customary practice among Shia Muslims. The question
still persists as to whether FGM is constitutional or not in India and is a pending matter
before the supreme court.4

3. REASONS OF CONTINUED PRACTICE

The precise origin of FGM is unclear, but historical records, including those from Greek
historians and geographers like Herodotus (425 – 484 B.C.) and Strabo (64 B.C. – 23
A.D.), suggest that FGM was practiced in Ancient Egypt, particularly in the Nile Valley
during the Pharaohs' era. As a result, Egypt is frequently regarded as the practice's
birthplace. FGM was also reported to have been practiced among other global
civilizations, including the Romans, who used it to prevent their female slaves from

1
HRP, An Update on WHO's Work on Female Genital Mutilation (FGM): Progress Report (2011),
http://whqlibdoc.who.int/hq/2011/WHO_RHR_11.18_eng.pdf (last visited april-10-2024).
2
Comm. on the Elimination of Discrimination against Women, Gen. Recommendation No. 14, Female
Circumcision, U.N. Doc. A/45/38 (1990).
3
Comm. on the Elimination of Discrimination against Women, Gen. Recommendation No. 19, Violence against
Women, U.N. Doc. A/47/38 (1992)
4
Ruchi Kumar, In India’s Bohra Community, a Battle Over Genital Mutilation, UNDARK (Mar. 10, 2021),
(https://undark.org/2021/03/10/india-battle-over-female-genital-mutilation/) (last visited Apr. 14, 2021).
becoming pregnant. In the 1950s, clitoridectomy was performed in Western Europe and
the United States as a treatment for perceived illnesses such as hysteria, epilepsy, mental
disorders, masturbation, nymphomania, and melancholia as women who were engaged in
sexual activity or unchaste were considered to be destroyers of culture, family and the
dignity of the male members who were in charge of women which was a common
mentality at that time.5

5
Kouba LJ, Muasher J. Female Circumcision in Africa: An Overview. African Studies Review 1985;28:95-110.
10.2307/524569 [CrossRef] [Google Scholar] [Ref list]

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