Nirbhay Arora, School of Law, Christ (Deemed to be University)
ABSTRACT
Female Genital Mutilation or Circumcision is a process involving all procedure for partial or total removal of the external female genitalia or other injury to the female genital organs for nonmedical reasons, absurd hygiene purposes or as part of customary practices. However, consequences to this practice have not only been discouraging, yet horrifying. Its short term health risks include excessive bleeding, infection, urinary problems and even death. The long term repercussions include chronic genital and urinary tract infections, hemorrhage, perinatal risks and debilitating psychological consequences like Post-traumatic Stress Disorder (PTSD) as well as depression1. Through this research paper, the author attempts to understand what binds the struggle to end such a practice in considering there is no exclusive legislation existing in international criminal law which addresses such an offence, with the help of secondary sources of data and understanding application of the philosophical theories given by anthropologists as well as philosophers such as John Rawls and Martha Nussbaum amidst others which deliberate upon how such a practice has been considered essential to its partisans, culturally and why its negation has been much emphasized upon. It is found that FGM is an oppressive and immoral practice since it destroys basic human capability based on one’s membership in a group and thus, there is an urgent need for intervention so that with a robust legislation, local and international sensitive support female genital mutilation can be defeated.
Keywords: Female Genital Mutilation or FGM, Circumcision, Clitorectomy, John Rawls, Martha Nussbaum, Immanuel Kant, International Criminal Law
