Genital Mutilation in Females: Is It Legal?

Female genital mutilation is the non-medical removal of external female genitalia, as well as different injuries to the female genital organs. Young females under the age of 15 have a common practise of doing so. This practise has been linked to major health issues in women, making it a violation of the human rights of girls and women. This rite is claimed to have been performed by the Indian Dawoodi Bohra community. Khafd, as the locals call it, is a centuries-old religious ritual. Using the jurisprudence of Articles 25 and 26 of the Constitution, as well as a catena of judgements spanning the 1950s to the most recent case of the Indian Young Lawyers Association and Ors. v. State of Kerala, the goal of this study is to investigate the essentiality of FGM as a religious practise (Sabarimala Case).

Authors

Mohd Aslam

References

14 references

1.About the Dawoodi Bohra, The Dawoodi Bohras, retrieved from https://www.thedawoodibohras.com/about-
2.Shayara Bano v. Union of India, (2017) 9 SCC 1 (India).
3.Acharya Jagdishwaranand Avadhuta and Ors. v. Comm. of Police Calcutta and Ors., (1983) 4 SCC 522
4.Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC 1 (India), p 7.
5.Kantaru Rajeevaru v. Indian Young Lawyers Association and Ors. (2020) 3 SCC 52 (India).
6.Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676
7.Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676
8.Navtej Singh Johar v. Union of India, (2018) 10 SCC 1
9.Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC
10.Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676
11.Female Genital Mutilation Act, 2003 & ‘FGM Prosecution Guidance’, CPS, (17th October 2019) retrieved
12.Canada Criminal Code, R.S.C 1985, Section 268(3), retrieved from http://www.ohrc.on.ca/en/policy-female-
13.‘Sudan Criminalises FGM’, BBC News (1st May 2020) retrieved from https://www.bbc.com/news/world-
14.Sunita Tiwari v. Union of India, 2018 SCC On-Line SC 2667

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[1] 1.About the Dawoodi Bohra, The Dawoodi Bohras, retrieved from https://www.thedawoodibohras.com/about-

[2] 2.Shayara Bano v. Union of India, (2017) 9 SCC 1 (India).

[3] 3.Acharya Jagdishwaranand Avadhuta and Ors. v. Comm. of Police Calcutta and Ors., (1983) 4 SCC 522

[4] 4.Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC 1 (India), p 7.

[5] 5.Kantaru Rajeevaru v. Indian Young Lawyers Association and Ors. (2020) 3 SCC 52 (India).

[6] 6.Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676

[7] 7.Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676

[8] 8.Navtej Singh Johar v. Union of India, (2018) 10 SCC 1

[9] 9.Indian Young Lawyers Association v. State of Kerala, (2019) 11 SCC

[10] 10.Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676

[11] 11.Female Genital Mutilation Act, 2003 & ‘FGM Prosecution Guidance’, CPS, (17th October 2019) retrieved

[12] 12.Canada Criminal Code, R.S.C 1985, Section 268(3), retrieved from http://www.ohrc.on.ca/en/policy-female-

[13] 13.‘Sudan Criminalises FGM’, BBC News (1st May 2020) retrieved from https://www.bbc.com/news/world-

[14] 14.Sunita Tiwari v. Union of India, 2018 SCC On-Line SC 2667

Genital Mutilation in Females: Is It Legal?

Genital Mutilation in Females: Is It Legal?

Abstract

Authors

Mohd Aslam

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Genital Mutilation in Females: Is It Legal?

Genital Mutilation in Females: Is It Legal?

Abstract

Authors

Mohd Aslam

References

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