At the United Nations Human Rights Council in Geneva, India Receives First Ever Recommendation To Tackle the Issue of Female Genital Mutilation at a National Level

For the first time since India’s human rights records were evaluated at the Human Rights Council’s Universal Periodic Review (UPR) Working Group, in Geneva, a United Nations Member State has acknowledged and urged India to devise a national plan to address the issue of female genital mutilation (FGM) in the country.

The recommendation made by the diplomatic mission of Costa Rica seeks for India to legally adopt the World Health Organisation’s (WHO) definition of FGM which includes “all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons.”

The recommendation also specifically seeks criminalisation of FGM in India and for the government to devise a national plan for its eradication.

This is a landmark event for activists working to end the harmful practice of FGM in India. The recommendation came on November 10th, 2022, during the 41st session of the UPR. In the course of the session from 7th to 18th November, 14 States, including India are having their human rights records examined.

The holding of this session marks the commencement of the fourth cycle of the UPR, during which all 193 UN member States will undergo a review of their human rights record through this unique process.

The recommendation reads as under,

“Adopt a legal definition from WHO on Female Genital Mutilation, criminalize it and establish a national plan to eradicate it.” (ref 2 hours 54 mins)

The recommendation brings the issue to international attention and we urge the Indian government to acknowledge that FGM is practiced within its borders and proactively work towards eradicating it.

We are grateful to the diplomatic mission of Costa Rica for their support on the issue, and for formally recommending it in the language that WeSpeakOut had used in August 2022 during the UPR Pre-session on India at Geneva. The presentation was well received by several other member
nations.

“WeSpeakOut participated in the UPR consultative pre-sessions and apprised other member nations about the prevalence of FGM in India. A silent and secret practice came to light when survivors like me decided to publicly share our childhood trauma of being cut. There is no place for FGM/Khafz in the 21st Century. The Indian government can and should support action to end this practice by first recognising its prevalence and then developing a National level plan to tackle it. WeSpeakOut is committed to working within the community to educate and build awareness against the harms caused by this practice.” - Masooma Ranalvi, Founder WeSpeakOut.

We are also encouraged by the fact that over 25 member states present at the UPR41 session recommended that India do more to protect women, girls, and children from all forms of violence, including gender-based violence and harmful practices.

Our recommendations for the government of India in August also included:
- Conduct research and collect data on the national prevalence of FGM in the country across all communities that are known to practice FGM
- Establish a national action plan to eradicate the harmful practice of FGM in all its forms across the country and within the Bohra community, including the dedication of resources to prevention and education aspects

Why the UPR process matters

As the UN Human Rights Council describes it - “The Universal Periodic Review (UPR) is a unique process which involves a periodic review of the human rights records of all 193 UN Member States. It provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights. The UPR also includes a sharing of best human rights practices around the globe.” NGOs participate in the URP process by engaging with other UN member nations, apprising them of the situation on human rights in their respective countries during the pre-sessions.

In the fight to end FGM in India, the UPR process has become a critical point of advocacy. The sessions have created a platform for activists and civil society organizations from India to directly converse with diplomatic missions from all UN member states and to urge them to hold the Indian government accountable to its international human rights commitments. The recommendations made by each UN member state communicates to India how its commitments and actions to achieve them are being viewed and can form a powerful push towards changes in the relevant law.

It may be noted that one of UN’s Sustainable Development Goals explicitly calls for an end to FGM by 2030 under goal 5.3 on Gender Equality.

For reference, India is a signatory to the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic and Social and Cultural Rights (ICESCR). India’s commitments to these frameworks and bodies necessitate that it urgently addresses FGM in the country and passes an Act outlawing it.

Where does India stand on FGM?

FGM/C is total or partial removal of the external female genitalia for non-medical purposes. In India, practitioners usually perform Type I or Type IV FGM as defined by WHO. No official attempts have been made so far to collect data on the prevalence and nature of FGM practiced in India. There has
been no move to introduce a law or policy to deal with the practice and achieve the goal to eliminate it, either.

More media reportage can bolster the attempts being made to eradicate FGM/Khatna/Khafz in India. If you are interested in writing on the UPR recommendations and FGM in India, please reach out to us. We will be happy to provide you with essential details, facts, and survivor perspectives on the
practice and why it's a violation of human rights.
—
WeSpeakOut is a not-for-profit, survivor-led, research, and advocacy organization committed to ending Female Genital Mutilation/Cutting/Khafz (FGM) in India and worldwide.