Torture Trumps Tradition: Can religion or custom give Female Genital Mutilation a carte blanche?
On the International Day of Zero Tolerance for Female Genital Mutilation, Part I of this two-part series explores how international law recognizes FGM as torture—and why, as a jus cogens norm, the prohibition against torture cannot be derogated from under any circumstances.
Maya Nirula
Published on: 6 February 2026, 09:15 am
THE CULTURAL PRACTICE of Female Genital Mutilation ('FGM') is commonly understood as “procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons”. It is typically carried out on girls between the age of 0 and 14, with different subgroups practicing varied forms of this custom. For example, the Dawoodi Bohra community largely circumcise women at age 7, the Coptic Christians at age 9, Mandinka communities between age 4 and 14, the Emberá people soon after childbirth, and Saudi communities between infancy and age 7.
It is a fact that the practice has no health benefits, and, to the contrary, it often results in severe bleeding, menstrual issues, complications in childbirth, and other negative medical outcomes. It is unsurprising then that FGM is prohibited in most parts of the world (albeit with poor enforcement), and is recognised globally as a violation of human rights, especially freedom from torture or cruel, inhuman or degrading treatment.
Despite this, there are currently 230 million females alive that have undergone FGM and the practice continues, especially in Africa, Asia, the Middle East, and less prominently in, Latin America. Lamentably, FGM, also known as Khatna or Khafz, is prevalent and not subject to any prohibition in India.
Lamentably, FGM, also known as Khatna or Khafz, is prevalent and not subject to any prohibition in India.
Female genital mutilation
The precise origins of FGM remain unclear, with theories spanning from Ancient Egypt to Ancient Rome. However, its “multi-source origin” confirms the sociocultural nature of this practice that varies across regions and communities. It is noteworthy that FGM is a cultural and ethnic practice and not a religious one. FGM is often misattributed to Islam; however, the practice “pre-dates Islam” and there is no mention of this practice in any Islamic scriptures.
Importantly, the procedure is also practiced by other religious sub-groups such as the Coptic Christians in Egypt, Protestants and Catholics in Sudan, the indigenous Emberá people in Colombia and Panama, and traditionally by the Beta Israel of Ethiopia. Since each of these groups ascribe to different religions, with the indigenous Emberá practitioners of animal traditions, it is evident that these practices are socio-ethnic, geographic and cultural, and certainly not underpinned by Islam. Egypt is a good example that illustrates that FGM is regional and cultural, as it is practiced by groups of both Muslims and Christians in Egypt.
