Female Genital Mutilation And The Indian Legal Vacuum: A Sociological Perspective
- IJLLR Journal
- Jul 9
- 2 min read
Anshika Srivastava, Vivekananda Institute of Professional Studies
Introduction
The concept of justice is embedded in the very fiber of society and with time has grown with it. Social nature and coexistence of a man gives rise to conflicting interest that needs to be balanced to achieve peace and harmony. Justice is the philosophical theory leading to administration of fairness that finds a pivotal place in all socio political and legal systems around the globe. This became more prominent with development of the State stretched its roots in different sphere of human activities.
Administration of Justice entails the maintenance of peace and order, a concept in modern society that has evolved through several stages. In primitive stages of society private retribution and self were the only remedies available against the offender. The second stage of development where state was in rudimentary form, the functions being only persuasive and not enforcing towards the wrong doer. In third stage wrongs could be redressed by payment of compenstation to victim.
With advent of time administration of justice for all accessing legal system, to create an environment of social harmony. justice is ultimate end of law and goal of society, which the Judiciary has been pouring into law with new variants of justice in the form of contemporary values and need based rights like freedom, liberty, dignity equality and social justice lies in safeguarding uniformity and certainty of law and at the same time ensuring that rights and duties are duly valued by people. Yet, despite this evolving understanding of justice and human rights, certain deep-seated cultural practices like Female Genital Mutilation continue to challenge the very foundation of dignity, equality, and bodily autonomy that modern legal systems strive to protect.
Female Genital Mutilation (FGM) is a deeply rooted cultural practice that involves the partial or total removal of female genitalia for non-medical reasons. It is widely recognized as a human rights violation that stems from and reinforces gender inequality. Globally, FGM is prevalent in parts of Africa, the Middle East, and Asia. While India is not commonly associated with FGM in global discourse, the practice continues, particularly within the Dawoodi Bohra community, under the term "Khatna1." Despite its presence, FGM remains in a grey zone in India’s legal framework. This article explores the sociological dimensions of FGM in India, analyzing its cultural persistence, the silence surrounding it, and the legal vacuum that allows the practice to continue. It argues for urgent legislative and societal intervention grounded in human rights and gender justice.
