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<p>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.</p>

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The Stitches That Hurt Her Soul: Assessing the Practice of Female Genital Mutilation as a Violation of Human Rights of Women in India

  • 期刊论文

  • 发表日期：

    2025年10月24日

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  • Sanya Darakhshan Kishwar,
  • Abhipsa Upasana Dash,
  • Mohit Kumar Manderna,
  • Kritika Vatsa,
  • Shourya Sharma

摘要

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.