Female genital mutilation (FGM) conflicts with Indian constitutional rights and Islamic jurisprudence, necessitating targeted legislation for its eradication.
Authors
Sanya Darakhshan Kishwar, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Abhipsa Upasana Dash, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Shourya Sharma, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Mohit Kumar Manderna, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Kritika Vatsa, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India
Summary
This paper examines female genital mutilation (“FGM”) in India through a human rights lens, critically analyzing its legal and constitutional standing. It explores the practice’s compatibility with Islamic jurisprudence and Indian constitutional principles, particularly the essential religious practices test under Article 25 of the Indian Constitution. The research elucidates how the practice conflicts with several fundamental rights stipulated under the Indian Constitution. The paper highlights inadequacies in existing legal frameworks and proposes comprehensive interventions for eradication. By synthesizing religious, legal, and social perspectives, this study contributes to the discourse on FGM’s illegitimacy and the imperative for targeted legislative action in India.
Published in: Journal of Human Rights and Social Work
To read the full article, please click here.
