Five things you need to know about the controversial court ruling on FGM/C in USA: Sahiyo explains

by Sahiyo

On November 20, 2018, United States District Judge Bernard Friedman ruled that the US Federal Law banning Female Genital Cutting (FGC, also known as Female Genital Mutilation or FGM) is unconstitutional. With this ruling, the judge dismissed key charges of FGM against two Michigan doctors and six other people accused of practicing genital cutting on several minor girls.

However, in the same ruling, Judge Friedman acknowledged that the practice of cutting a female’s genitalia is “despicable”.

The ruling came as a shock to survivors of FGC and human rights activists advocating to end FGC, not just in the USA but all over the world. But there is more to this complex and controversial court ruling than the news headlines suggest. In order to better understand the ruling and its implications for communities that practice FGC, read Sahiyo’s comprehensive explainer below:

What is the US District Judge’s ruling on Female Genital Cutting all about?

In April 2017, the US federal government prosecuted Dr. Jumana Nagarwala, Dr. Fakhruddin Attar and his wife Farida Attar — all members of Michigan’s Farmington Hills Dawoodi Bohra mosque — for subjecting two minor girls from Minnesota to FGC. Subsequently, five other women from the Dawoodi Bohra community were prosecuted for performing FGC on at least nine girls in the Michigan area. This historic case was the first time that anyone had been charged under the US federal law prohibiting FGC — a law that had been introduced by the federal government back in 1996.

To understand the US District Court’s ruling in this case on November 20, it is important to understand the federal nature of the US government and its criminal justice system. Under federalism, some laws can be passed by Congress — the federal or central government — and are applicable to all states in the country. Some other laws can only come under the jurisdiction of individual state governments, and cannot apply to the whole country.

In his ruling in the FGC case, Judge Friedman of the federal-level district court stated that “as despicable as this practice may be”, FGC is technically a “local criminal activity”, and Congress (the federal government) does not have jurisdictional authority to regulate it. Even though the federal law against FGC has been in place since 1996, he stated that it is “unconstitutional.”       

Why is this ruling controversial?

The district judge states that the crime of FGC should be regulated by individual states. But the US does not actually have laws against FGC in every single state. At the moment, only 27 out of 50 US states have a state law banning FGC. There is currently a state law in Michigan banning FGC, but the law only came into effect in 2017 after the federal case involving Dr Nagarwala and Dr Attar came to light. The doctors cannot be prosecuted retrospectively under this state law.

Judge Friedman’s ruling declares the federal law against FGC to be unconstitutional based on a technicality. However, the ruling is controversial on at least two fronts.

First, prosecutors and other human rights advocates argue that FGC cannot be considered just a local criminal activity, because it often involves transporting minors across state borders to get their genitals cut by doctors who are paid to perform the ritual. In this case, for instance, two minor girls were transported from Minnesota to Michigan to get FGC done by Dr Nagarwala. Therefore, the federal law banning FGC — which Congress had passed in 1996 under the “Commerce Clause” — should be applicable in this case. Judge Friedman’s ruling does not consider this aspect.

Second, this ruling is insensitive to survivors of FGC and sends out a dangerous message to women from FGC-practicing communities: that their lives and bodies can be put at risk on the grounds of questionable technicalities.

Does this ruling put more girls at risk of being cut?

For the time being, yes: this ruling can put girls at risk of being but. The Centers for Disease Control and Prevention has estimated that 513,000 women and girls have experienced or are at risk of FGC in the United States. And this figure is an underestimation. Many women and girls at risk live in one of the 23 States which have not passed laws against FGC.

Since the ruling puts the onus of regulating FGC only to individual states, many of these girls are at risk of being transported from states that have laws banning FGC to states that currently do not have laws banning FGC, so that they can be cut with impunity. Only 11 of the 27 States with anti-FGC laws have specific provisions banning the transportation of a child out of the State to perform FGC.

Since the US is a strong country with a high degree of influence on global cultures, this ruling also ends up unintentionally condoning genital cutting for FGC-practicing communities all over the world. We are already seeing this in the global Dawoodi Bohra community, where supporters of Female Genital Cutting have taken to social media to celebrate their “victory” in the US FGC case, and to claim that they will continue cutting girls.

Is this the end of the case, or can the ruling be appealed?

This District Court ruling is not the end of the case. This is a lower court decision which can and almost certainly will be appealed by prosecutors from the US Government, and it is possible that over time, this case will be taken to the Supreme Court.

Additionally, two charges remain against Dr Nagarwala, including conspiracy to travel with intent to engage in illicit sexual conduct, and obstruction of justice. Her trial is set to begin in April 2019.

What is the way forward now, for those of us working to end FGC?

Laws are an important deterrent against FGC, and help to reinforce the fact that cutting female genitals is a human rights violation. In light of Judge Friedman’s ruling, activists and communities in the United States should now urge their elected representatives to pass laws banning FGC in every single state of the country. As a global leader in human rights, the US should also do this to set a precedent in many Asian countries where there are currently no laws against FGC.

However, at Sahiyo, we believe that laws can be effective only when accompanied by social change movements on the ground. We therefore encourage everyone to engage in dialogue around FGC, to break the silence around this taboo topic, listen to women’s voices and recognise that FGC is harmful to girls and women.

 

To learn about the history of the Michigan case, click here

Read more at U.S. Court’s dismissal of FGM/C charge in Michigan case is disappointing but does not condone genital cutting.

Read the Amicus Brief for Dr. Nargawala hearing on November 6, 2018, submitted by Equality Now, WeSpeakOut, Sahiyo, And Safe Hands For Girls in support of the United States.

Read the U.S. End FGM/C Network Statement on Judge’s Decision in Michigan Case.

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U.S. Court’s dismissal of FGM/C charge in Michigan case is disappointing, but does not condone genital cutting

By Mariya Taher
Co-founder, Sahiyo

I was sitting in my office, reading a blog post submitted to Sahiyo by a woman doing research on Female Genital Cutting in India, when I received a phone call. I answered it, not thinking twice, not knowing that what I was to hear next would leave me dumbstruck.

The call was from a news reporter, who wanted my reactions to the latest news about the United States’ first legal case on Female Genital Cutting (FGC) — the Michigan case involving two doctors and six others brought up on federal charges of performing FGC on nine minor girls in the U.S. I hadn’t heard of the latest news yet. And then, the reporter dropped a bombshell.

It turns out, a U.S. District Judge has dismissed the FGC charges in the case and declared the federal legislation banning and criminalizing Female Genital Cutting in the U.S since 1997 as unconstitutional!

My immediate reaction was, “That’s crazy.” Then my mind shifted to what had happened to me on October 19th, at the inaugural screening of Sahiyo Stories, a collection of digital stories created by U.S. women who have undergone FGC or who have loved ones who have undergone it. After those videos were shown at the screening, a couple walked in, joined the audience, and began to counter the stories of the survivors. They stated that FGC was harmless, that the survivors sharing their stories must only be trying to get attention. I worry that because of what this U.S. District Judge has ruled, what happened at that screening of Sahiyo Stories, might become all too common when survivors share their FGC stories in the hope of preventing harm to future generations of girls.

As stated in the Detroit Free Press by Tresa Baldas

The U.S. District Judge concluded that “as despicable as this practice may be,” Congress did not have the authority to pass the 22-year-old federal law that criminalizes female genital mutilation, and that FGM is for the states to regulate. FGM is banned worldwide and has been outlawed in more than 30 countries, though the U.S. statute had never been tested before this case.

There is no doubt that the decision will be appealed by the government, but this response worries me because without the law, what can we point to, when parents and families are trying to do the right thing and not succumb to the community pressure they face in having their daughter undergo FGC? And at Sahiyo, we do hear from these parents. We hear from parents who tell us they have spared their daughters as well as parents who regret not doing more to protect their daughters, but felt pressured by the community, by members of their families, believing that they had to get it done. That social pressure is real and threatening and at Sahiyo we understand the fear of being ostracised from your family or your community for speaking against what others believe is a religious necessity.

This decision also concerns me because it will be used by proponents of FGC to further suggest that they are justified in pursuing FGC because FGC has been proven harmless. Even though, the fact remains, that this is not at all what the Judge has said in his decision to rule the FGC federal law unconstitutional. To the contrary, the decision made by the Judge clearly recognizes that FGC is a terrible crime.

What the Judge has stated is the following:

“As laudable as the prohibition of a particular type of abuse of girls may be … federalism concerns deprive Congress of the power to enact this statute,” Friedman wrote in his 28-page opinion, noting: “Congress overstepped its bounds by legislating to prohibit FGM … FGM is a ‘local criminal activity’ which, in keeping with long-standing tradition and our federal system of government, is for the states to regulate, not Congress.”

The Judge has ruled that the issue of FGC falls under state law jurisdiction (intrastate) versus federal (interstate). In other words, the judge’s ruling opens up a jurisdiction question and NOT a question on whether FGC is harmful or not.

If “local criminal activity” must be regulated by the state, then it goes to show just how vital it will be for all states in the U.S. to pass laws banning FGC. Currently, only 27 states in the U.S. have such laws. Massachusetts, the state I live in, does not. (See petition ‘Ban FGM/C in MA’).

Even when laws are passed, I believe that it will be important to remember that FGC will most likely still continue just as other forms of gender-based violence such as domestic violence and sexual assault unfortunately continue despite the presence of laws against them. FGC also continues because as a social norm entrenched in the culture, this harmful practice has been touted as a religious or cultural practice that is needed to control women’s sexuality.

This reality points to the importance of education and community engagement to help create social change within communities and amongst groups where FGC might be happening.

To that end, Sahiyo will continue to organize and participate in community events to educate our friends, family and community about the harms of FGC and why it should be abandoned.

Learn more about FGC in the U.S.

If you would like to write about your views on the Judge’s ruling or the Michigan case in general, send a write-up to info@sahiyo.com

 

બધા નુક્શાનો શારીરિક નથી હોતા અને દરેક ધર્મ સંપૂર્ણ રીતે નૈતિક નથી હોતો

(This essay was originally published in English on September 21, 2018. Read the English version here.)

લેખક : ઝીનોબીયા

ઉંમર : 27 વર્ષ

દેશ : ભારત

આજે સોશિયલ મીડિયા પર અન્ય બાબતોની સાથે-સાથે મહિલાઓને સશક્ત કરવા, પોતાનો નિર્ણય પોતે જ લેવા, વ્યક્તિની ગોપનીયતાના અને તેના શરીરના ઉલ્લંઘન વિષે અને સંમતિની ભૂમિકા વિષેના વિચારો અને અભિપ્રાયો સાથે ગુસ્સો વ્યક્ત થતો જોવા મળે છે.અમુક લોકો એવી વાતો કરે છે કે બળાત્કારીઓને ફાંસી દઈ દેવી જોઈએ છે તો અમુક લોકો જાતિય છેડછાડ અને મહિલાઓની છેડતી કરતા લોકોને સજા કરવા વિષેપણ વાતો કરી રહ્યાં છે જેથી, જમીની સ્તર પર યોગ્ય પગલાં લઈ શકાય અને આવા લોકો છોકરીઓને પરેશાન કરતા પહેલાં બે વાર વિચાર કરે.

પરંતુ, જ્યારે એક 7 વર્ષની અસહાય છોકરીનો બીજું કોઈ નહિં પણ તેમનું પોતાનું કુટુંબ અને સમાજ ગેરલાભ ઉઠાવે ત્યારે શું થાય છે? તેના માટે કોણ જવાબદારી લે છે?હું અહીં મારી પોતાની તકલીફો રજૂ કરવા નથી ઈચ્છતી પરંતુ, તમારી માહિતી માટે થોડી મૂળભૂત હકીકતો રજૂ કરવા ઈચ્છું છું. હું ભારતમાં મોટી થયેલી એક બોહરા મુસ્લિમ છું. જ્યારે વિશ્વ આપણને શાંત, શાંતિપ્રિય, વ્યવસાયમાં સમૃદ્ધ એવો સમાજ માને છે ત્યારે આપણે 6-7 વર્ષની નાનકડી છોકરીના અંગછેદનની એક ગુપ્ત પરંપરાને અનુસરીએ છીએ, જેને આપણે ખતના કહીએ છીએ.

આ પ્રથા પુરુષો માટે કેવી રીતે આરોગ્યની દ્રષ્ટિએ “જરૂરી” છે અને અંતે, તે તેમના સેક્સ જીવનમાં મદદરૂપ થાય છે તે વિષેની ઘણી દલીલો કરવામાં આવે છે પરંતુ, અધિકાંશ શિક્ષિત અને સંસ્કારી લોકો એ બાબત સાથે સહમત છે કે આ પ્રથા એક બૈરીના શરીરિક, માનસીક અને ભાવનાત્મક આરોગ્ય માટે નુક્શાનદાયક છે, ખાસ કરીને એટલા માટે કે તેના પર કોઈ દેખરેખ રાખવામાં આવતી નથી અથવા અધિકાંશ આવી પ્રક્રિયાઓ બૅસમેન્ટોમાં એક અશિક્ષિત બૈરી દ્વારા કરવામાં આવે છે.આ પ્રથાને વિશ્વના અન્ય પ્રદેશોમાં આધિકારીક રીતે “ફીમેલ જેનિટલ મ્યૂટિલેશન (એફજીએમ)” કહેવામાં આવે છે અને તેને અસહાય છોકરીઓ પર થતા અપરાધ તરીકે માનવામાં આવે છે.

શા માટે? શું કારણ છે?

અમુક લોકો પવિત્રતા વિષે તો, અમુક લોકો પિતૃપ્રધાનતા વિષે વાત કરે છે. અમુક લોકો તેને એક આદેશરૂપ પરંપરા હોવાને કારણે માને છે અને જો એક મૌલા તેને ફરજિયાત કહે તો તેને નામંજૂર કરવાની હિંમત કોણ કરે? અમુક લોકો દબાણને વશ થઈને માને છે તો, અમુક લોકો બ્લૅકલિસ્ટ થવા અથવા વીરોધીનું લૅબલ લાગવાના ડરથી માને છે.જે લોકો ઉત્તર માગે છે તેમના માટે એવો પ્રચલિત જવાબ આપવામાં આવે છે કે તે એક બૈરીની જાતિય ઈચ્છાઓને નિયંત્રણમાં અથવા અંકુશમાં રાખવા માટે કરવામાં આવે છે. એ બાબત સાચી હોય શકે કેજ્યારે આપણે રણોમાં અને સમૂહ (ટ્રાઈબ્સ)માં રહેતા હતા અને લોકો હંમેશા અન્ય વ્યક્તિની બૈરીને ઉપાડી જવા માટે આતુર રહેતા હતા તેવા યુગમાં, કદાચ આ પ્રથા મદદરૂપ થઈ હશે.

આજે કોઈપણ કારણ હોય તો પણ, શું તેનો કોઈ અર્થ છે ખરો? તમારો ઉદ્દેશસારોહોય તો પણ,એક બૈરીની સંમતિ વિના તેણીના શરીર સાથે શું કરવું એ નક્કી કરવાનો તમને કોઈ અધિકાર નથી.તમે કોઈપણ હો, તમારો ઉદ્દેશ કોઈપણ હોય તો પણ, નુક્શાન થયું છે અને તમે કોઈ ગુનેગારથી ઓછા નથી.

પિડીતો માટે તેનો અર્થ શું છે?

આપણા દ્વારા અનુસરવામાં આવતી પ્રથા આક્ષેપ અનુસાર ‘ટાઈપ 1’ પ્રકારની છે અને તે આફ્રિકન સમુદાયો દ્વારા અનુસરવામાં આવતી ‘ટાઈપ 2’ અને ‘ટાઈપ 3’ થી (ગંભીરતાના સ્તરના આધારે) અલગ છે.વર્લ્ડ હૅલ્થ ઑર્ગેનાઈઝેશનની માન્યતા મુજબ, ટાઈપ 1 પ્રકારના એફજીસીને ક્લિટોરલ હૂડ અને/અથવા ક્લિટોરિસ કાપવા તરીકે વર્ણવવામાં આવ્યું છે, જેના ઘણાં શારીરિક અને માનસિક દુષ્પરિણામો જોવા મળે છે જેમ કે, ચેપ લાગવા, વધારે પડતો રક્તસ્ત્રાવ થવો, પેશાબ કરતી વખતે બળતરા થવી વિગેરે. ઘણી જુવાન છોકરીઓ વિશ્વાસઘાત, અસહાય અને મૂંઝવણ મહેસુસ કરતી હોવાના કારણે,આ પ્રથા માનસિક આરોગ્ય પર પણ વિપરિત અસર કરી શકે છે. તેમજ, આ આઘાતના પરિણામે, બાળક જાતિય સંબંધ બાંધવામાં પણ ડર અનુભવી શકે છે અને તેમનામાં સમાજના સભ્યો પ્રત્યે અવિશ્વાસનું નિર્માણ પણ થઈ શકે છે.

પરંતુ, હજારો બૈરીઓએ આ પ્રથાને અનુસરી છે અને દાવો કરી રહી છે કે તેમને કોઈ જાતિય સમસ્યાઓનો સામનો કરવો પડ્યો નથી?

જે રીતે અધિકાંશ લોકો તેમના બેડરૂમમાં શું થાય છે તે વિષે અન્ય લોકોને વાત કરતા નથી, તેમ એફજીએમના સર્વાઈવરો પણ તેમની સેક્સ લાઈફ વિષે જાહેરમાં વાત કરતા નથી. તેમાંની ઘણી બૈરીઓ પીડાથી ચીસો પાડતી હોય છે અથવા “બેડરૂમમાં”એક આરોગ્યપ્રદ જીવન જીવી શકતી નથી.તેમાંની ઘણી બૈરીઓ ડૉક્ટરો, સેક્સોલોજિસ્ટ્સ, કાઉન્સેલર્સ અને થેરૅપિસ્ટ્સની નિયમિત દરદીઓ હોય છે.હાં, તેઓ ગર્ભવતિ થવાનું (જે આજે મરદ સાથે અથવા મરદ વિના કરવું વધારે મૂશ્કેલ નથી) મેનેજ કરી લે છે પરંતુ, શું એ પ્રક્રિયા પીડા મુક્ત છે? નહીં.

બધા લોકો ડિવોર્સનો દર વધવા વિષે વાતો કરે છે પરંતુ, આ દર શા માટે વધી રહ્યો છે તે કોઈ સમજતું નથી. તેઓ એ જોતા નથી કે બૈરીઓ પર તેમના ઉછેર દરમિયાન જ ઘણાં બધા નિયંત્રણો લાદવામાં આવે છે. મરદ હોય કે બૈરી, તેને સંબંધી બધી બાબતો પહેલાંથી જ નક્કી કરેલી હોય છે, આ એવું નથી લાગી રહ્યું કે આપણે એવા સમાજમાં મોટા થઈ રહ્યાં છીએ જ્યાં નેતાઓ અથવા સ્વતંત્ર નિર્ણયકર્તાઓને ઉછેરવામાં આવી રહ્યાં હોય. આપણે બ્રેઈનવૉશ કરેલા શિષ્યોના એક ટોળાં જેવા છીએ અને હાલનાં, #metoo ની ક્રાન્તિને કારણે બૈરીઓએ તેમનો અવાજ ઉઠાવવાની એક શરૂઆત કરી છે.

મારી સ્ટોરી

હાં, મારા પર પણ ‘ખતના’ પ્રક્રિયા કરવામાં આવી હતી. મને બધું તો યાદ નથી પરંતુ, અમુક બાબતો યાદ છે. મને “કોઈ આન્ટી” ને મળવા લઈ જવામાં આવી હતી અને મને યાદ છે કે ત્યારે મને કોઈ સારી લાગણી નહોતી થતી પરંતુ, આપણને જેમ કહેવામાં આવે તેમ આપણે કરીએ છીએ. અમે કલકત્તાના તેના અંધકારમય ઘરમાં ગયા અને તેણીએ મને ભારતીય શૈલીના શૌચાલય પર પહોળા પગ કરીને ઊભા રહેવા માટે કહ્યું અને મને લોહી નીચે પડતું દેખાયું. બસ મને આટલું જ યાદ છે.

મને બરાબર યાદ છે કે ત્યારપછી અઠવાડિયા સુધી મને પેશાબ કરવામાં પીડા થતી હતી. આ ચર્ચા રાત્રિભોજનની ચર્ચા જેવી ઔપચારિક ના હોવાથી, ત્યારપછી તે વિષે ક્યારેય વાત કરવામાં આવી નહિં. 16 વર્ષની ઉંમરે, જીન સૅસનની બૂક – પ્રિંસેસ દ્વારા મને આ ‘મુસ્લિમ પ્રથા’ વિષે ખબર પડી. સાઉદી અરૅબિયામાં બૈરીઓ સાથે કરવામાં આવતી ભયાનક બાબતોની સાથે-સાથે આ પ્રથાનું વર્ણન કરવામાં આવ્યુ હતું જેણે મારી યાદ તાજા કરી દીધી હતી.

પહેલાં તો હું ડરી અને ભયભીત થઈ ગઈ અને મને સમજાતું નહોતું કે આ માહિતીનું શું કરવું.મને એ બાબતસમજાઈ નહિં કે શા માટે કોઈ મારી સાથે આવું ભયાનક કૃત્ય કરે? તેનો ઉદ્દેશ શું હતો? શું કોઈ ધાર્મિક કારણ હતું? શું કોઈ તબીબી કારણ હતું? ધીમે-ધીમે હું મારી ઉંમરના અન્ય લોકોને તે વિષે પૂછવા લાગી.ઈન્ટરનેટ મારી મદદે આવ્યું અને મેં આ ‘જંગલી’ પ્રથાને વધારે સમજવાનું શરૂ કર્યું કે કેવી રીતે તે આપણા પિતૃપ્રધાન દુનિયાની એક બીજીસાઈડઈફેક્ટ છે જ્યાં કોઈપણ મરદ એ નક્કી કરી લે છે કે બૈરીઓએ કેવી રીતે જીવવું અને તેમના માટે શું યોગ્ય છે.

મને એ બાબત સમજાઈ નહીં કે કેમ એક માતા-પિતા તેમના બાળકો સાથે આવું થવા દે છે. જ્યારે તમારી દીકરી નિર્દોષતાની ચરમસીમા પર હોય અને ફક્ત તમારો નિસ્વાર્થ પ્રેમ ઈચ્છતી હોય ત્યારે, તમે તેણી સાથે વિશ્વાસઘાત કરો છો અને અંતે તમે તેણીને એવા રાક્ષસને સોંપી દો છો જે તેણી સાથે આવું કૃત્ય કરે છે?

તમારો ધર્મ તમને તેણીના શરીર પર અંગછેદન કરવાનું કહે છે અને તમને તેમાં કંઈ ખોટું નથી લાગતુ?અને તેના કારણે ઉત્પન્ન થતા શારીરિક, માનસિક અને ભાવનાત્મક પ્રત્યાઘાતોનું શું? જીવનભર તેણીએ આવી પીડાનો સામનો કરવો પડે છે. અને જો તમને ખરેખર આ બાબત ખોટી ના લાગતી હોય તો પછી શું કામતમે તેને આમ ગુપ્ત રાખો છો? શા માટે તેખાનગી રીતેકરવામાં આવે છે? તેના વિષે બધાને વાત કરો, તમે જેમ મિસાક ઉજવો છો તેમ તેની પણ ઉજવણી કરો? ફક્ત મિસાકની ઉજવણી જ શા માટે કરો છો? ખરેખર, કેટલાક અપવાદરૂપ લોકો પણ હોય છે. મારૂં સારૂં ઈચ્છતા ઘણાં લોકો મને સમજાવવાનો પ્રયત્ન કરે છે કે તેમાં મારો કોઈ દોષ નથી અને મારે એ બાબત વિષે ચિંતા કરવી જોઈએ નહીં અને મારો ઉત્તર હોય છે કે “હાં, હું જાણું છું કે મારો કોઈ દોષ નથી અને તેમ છતાં, મારે જ તેની કિંમત ચૂકવવી પડે છે”.

સૌથી દુઃખદ બાબત એ છે કે ઘણી બધી એવી છોકરીઓ છે જેને આજે પણ ખબર નથી અથવા યાદ નથી કે તેમની સાથે પણ આવું બન્યું છે. તેઓ એવા ખ્યાલ હેઠળ જીવે છે કે સેક્સ એ ખરાબ અને પીડાદાયક બાબત છે અને કદાચ તેમનામાં જ કોઈ સમસ્યા છે. અધિકાંશ રીતે આપણને આવું જ શિક્ષણ આપવામાં આવે છે. હું સહિયોની ખૂબ જ આભારી છું કે તેમણે બૈરીઓ માટે આવું એક અદભૂત પ્લૅટફોર્મ ઊભું કર્યું જ્યાં તેઓ તેમની સ્ટોરી રજૂ કરી શકે છે, સહાનુભૂતિ મેળવી શકે છે અને મારા જેવી છોકરીઓને કહી શકે કે હું એક જ એવી છોકરી નથી જેની સાથે આવું બન્યું છે અને મારે મને પોતાને એક પિડીત માનવીજોઈએ નહિં. સ્ટોરીટેલિંગ દ્વારા બૈરીઓને સશક્ત કરવાની આ બાબત, આપણી સંસ્કૃતિનો એક ગૌરવશીલ ભાગ હોય તેમ લાગે છે, જેને સહિયો આગળ વધારી રહ્યું છે.

 

Is the Dawoodi Bohra community truly as progressive as it claims to be?

By Saleha

Country of Residence: Canada
Age: 45

Having lived in South-East Asia, and being exposed to multiple races and cultures, I grew up in a very open-minded family. As a child, my family and I occasionally went to the local Bohra mosque to socialize with others in the community. I loved going to the “masjid” – there I got a chance to meet my best friend and also eat delicious Bohri food. It was wonderful to see all the aunties dressed up in “onna ghagra” which are colourful skirts with matching chiffon scarves draped around the head. After the prayers, everyone congregated outside and chatted into the late hours of the night.

Then suddenly in the early 90s it all changed. The upper echelons of the Bohra clergy instated new rules. The progressive Dawoodi Bohras were no more; instead, women were forced to wear a form of hijab called “rida” and men were made to sport a beard, wear a kurta, and “topi” or a cap on their heads. The clergy, headed by the Syedna, began to exert control over everything. Permission from Syedna was required not only for religious matters but in daily life as well. For example, permission was needed to start a business, get married or even to be buried. Female Genital Cutting or khatna was deemed necessary, even though that act of it is not prescribed in the Koran. If any of the rules were not followed, or if you protested and spoke against them, you were excommunicated or threatened to be. You’d lose all your ties to friends and family forever.

I can never forget the awful day, when I was seven, while on a holiday in India, my aunt asked me to go shopping with her. She took me to a dingy place where a Bohri man and woman took me inside. They asked me to undress waist down, and when I protested, the man held my hands while the woman removed my jeans and underwear and forced me to lie down. I saw the man take out a blade and I struggled and screamed for help, while they proceeded to cut me. I lay bleeding on the floor, unable to comprehend what had happened to me. It was horrific, painful, and demeaning. I hated what was done to me. I hated that my mom was not there. I was angry at my aunt for allowing them to hurt me.

I remember that experience vividly and to this day I am infuriated that I had to go through this ordeal as a child in the name of religion. While the majority of the Muslim communities around the world have spoken against this, the Dawoodi Bohra religious authorities urge continuing FGC under the guise of cleanliness. The worst part is that some women push this practise on vulnerable children too young to give consent, instead of protecting them as adults should.

It was a difficult time for me. Having grown up with all the freedom in the world, it was  suddenly being taken away from me and I grew cynical of my Bohra culture and wanted no part of it. Today, I am happy I decided to leave the fold. It was not hard to leave. In fact, it was liberating. I was not comfortable with the more rigorous path that my community was taking. I am sure there are many other Bohri people out there who are quietly questioning many of the beliefs handed down to them – some so silly, useless, and others very damaging – Bohris must refrain from using Western toilets; Bohris cannot host or attend wedding functions in secular, non-Bohra venues; brides can apply mehndi only an inch below the wrist and cannot hold the traditional “haldi” functions; and all Bohris must carry a RFID photo ID which will monitor attendance to the mosque.

Humanity has achieved such remarkable progress. We have ventured into space, developed cloning and gene editing technologies, and most importantly, the Internet has resulted in globalization and interconnection between various cultures and communities. In this light, I wonder why we are still talking about FGC and the right to choose to do it to our daughters in this day and age? I am thankful that organizations like Sahiyo and We Speak Out have become a voice for children who are being hurt in the name of religion.

I look at my children and I see the most informed, connected, and progressive generation. Imposing impractical, harmful religious rules such as continuing FGM on such a generation will only drive them further from our culture. More and more Bohri women and men are speaking out against this harmful practise because whenever religion becomes too rigid, too corrupt, it begins to crack. My hope is that our community can find the strength to break free from all the rigid practices and once again become the most progressive community among the Muslims.

Female Genital Cutting (FGC): Is it an Islamic Practice? (Part 2)

By Debangana Chatterjee

Though often being referred to as an Islamic practice, Female Genital Cutting (FGC) precedes both Islam and Christianity. It is believed to have originated in the Pharaonic era of Egypt. Elizabeth Boyle, author of Female Genital Cutting: Cultural Conflict in the Global Community, mentions in the book that before the advent of Islam, Egyptians, who valued FGC (particularly infibulation), introduced a strong slave system and expanded it towards the adjacent geographic region. At the onset of Islam in the Egyptian controlled region, Islam asserted a stringent prohibition towards enslaving other Muslims. Hence, non-Muslim were continued to be used as slaves, and since FGC was done to these non-Muslim women slaves to increase their worth and value as slaves, FGC was by extension spread to other parts of Africa by the slave traders. This remains one of the driving factors behind the spread of FGC in Africa simultaneous to the rise of Islam.

Despite FGC predating Islam, the myth of it being an Islamic practice persists due to the impressions of virginity and purity remaining closely associated with the religion’s values. There are ample reasons to challenge the unnecessary association of the practice with the Islamic culture. First, FGC was common among the Egyptian Coptic Christians and a number of Tanzanian Christian communities. In fact, FGC was also reportedly performed on Western women in the 1950s as a cure to nymphomania and depression according to L. Amede Obiora.

Secondly, the practice is rife only among a limited number of Islamic practitioners of the world. Islam is the world’s second largest religion with approximately 1.6 billion followers of the religion consisting of 23.2 percent of the world population. On the other hand, there are around 200 million reported cases of FGC worldwide which includes non-Islamic people as well. Even if one takes these numbers as absolute, merely 12 percent (approx) of the entire Islamic population is affected by the practice. Thus, FGC does not necessarily qualify as an Islamic practice, considering most of the followers of the religion either nullify FGC or even remain oblivious to it. Third: the Holy Quran altogether stands in opposition to inflicting harm; going by that logic Islam cannot be supportive of FGC inflicting mental/physical harm of any sort onto women/girls. Despite the Prophet being explicit about sunna (tradition) on male genitals, FGC’s existence within Islam remains debatable.

In many countries, Islamic traditions often remain debatable, including discussions on FGC. In the documentary The Cutting Tradition, an imam from the Harar region of Ethiopia is heard explaining how it already existed among various communities and the Prophet merely advised a sunna way of cutting where only the nicking of the clitoral prepuce is permitted. In the same documentary the Grand Mofti of Egypt, Fadilet Al-Mofti Ali Gomma repudiates any religious basis for FGM/C, though in 1994 a religious decree was issued in the country in favour of the practice stating it as an honourable deed for women. In fact, the decree, issued by one of Egypt’s prominent clerics Sheikh Gad el-Haqq, admittedly mentioned that FGC is not obligatory in Islam but should be followed due to the traditional rituals attached to it.

Even in the Afar region of Ethiopia, religious leaders are seen invoking Islamic scripture and text to counter continuation of FGC among practicing community members.

The practice came to South-East Asia in the 13th century, due to the advent of Islam in the region after the change in regime. The Shafi school of Sunni Islam in Indonesia and Malaysia considers FGC an Islamic practice, yet they are culturally influenced by the region where Yemen and Oman are situated, countries that have considerable FGC prevalence.

At a time in the world when right wing politics riles up with growing islamophobia, it is important not to straightjacket Islam in order to avoid its unnecessary vilification and mindless demonization. Islam, as it grew, got entangled with cultural traditions in such a manner that it often looks inseparable. But a close and nuanced study of the matter opens it up for further scrutiny and leaves room for potential dialogic engagement with the communities practicing female genital cutting so that in time these communities will come to abandon it.

 Read Part 1 – What Islam says about Female Genital Cutting and how far are these texts invincible?

(Debangana is a doctoral scholar at the Centre for International Politics Organisation and  Disarmament (CIPOD), Jawaharlal Nehru University. Through her research, she is trying to locate the existing Indian discourse surrounding the practices of FGM/C and Hijab into the frame of international politics. If you would like to connect with Debangana, you can reach her at debangana.1992@gmail.com )

Female Genital Mutilation/Cutting: Work of the devil?

By: Koen Van den Brande
Age: 56

Country: India

I rarely speak of the devil.

In Germany they have a saying:

Du sollst den Teufel nicht an die Wand mahlen
Literally this translates to ‘Don’t paint a picture of the devil on the wall’.

Loosely translated it means that you should not invite evil by talking about it.

But maybe there are times we have a duty to alert others to the devil’s work.

What I mean by that is not that anyone in particular is a devil but rather that maybe at times the devil has a hand in misleading people.

My efforts to get to the bottom of the origins of the practice of ‘khatna’ – what the rest of the world calls ‘Female Genital Mutilation’ (FGM) – in the Suleimani community, recently led me to the inevitable conclusion that the devil has had a hand in twisting the words of the Prophet PBUH, to mean the opposite of what He was saying.

My attention was drawn to some research carried out by learned members of the Muslim community. Let me present the facts to you so that you may come to your own conclusion.

Early on in my own research I came across a Hadith – a reported saying of the Prophet – which was being quoted as evidence of tacit approval of this ancient practice, which predated Islam and may have been initiated in the distant past to subdue the sexual urges of female slaves.

My discussions with members of the Suleimani community had made it clear that the Daim-ul-Islam is the rulebook to which many show an unquestioning allegiance.

Of course such blind faith can have dire consequences. The Daim-ul-Islam does indeed refer to the Hadith in question. Following is an extract from a paper published on www.alislam.org, with the title ‘Female circumcision and its standing in Islamic law’.

Al Islam quote

But it turns out this is not the full Hadith.

In full, the Hadith seems to leave little doubt as to where the Prophet stood on this matter. The authors of the report quote from Al-Kafi, a respected Shiite book of traditions.

Koen article quote

Was the Prophet endorsing, encouraging or even mandating that women should be cut?

Or was he signaling his disapproval and in the face of a long-established tradition, trying to limit the harm done to women? Given what he says, is it correct to claim, as some do, that he should have forbidden it, if he really felt it was wrong?  

I will leave it to you to draw your own conclusion.

For me these words of Mohammed, now in full view, are consistent with other issues where he championed the rights of women in the face of a culture which at that time saw no reason to do so.

Who decided to shorten the hadith and to what end? And at which point did a woman who ‘used to circumcise women slaves’ become a woman who ‘used to circumcise girls’? There is a substantive difference is there not?

Just as with the modern day suggestion that Mohammed condoned wife-beating, when in fact he counseled restraint and suggested several alternative ways of resolving marital disputes or the insistence by some on the validity of ‘triple talaq’ divorce, where in fact careful mediation over a period of time is prescribed, one can only conclude that the devil himself has repeatedly sought to undermine the Prophet’s cause as champion of the rights of women!

Today we call this ‘fake news’ and we are learning day by day, how it is used to mislead those who believe without questioning.  

Witness how the young parents of our community are systematically fed disinformation, building on that same principle of blind faith. But blind faith in whom?

I quote from the website www.islamqa.com.

Koen article quote2

Search for the term ‘khatna’ and the following question is addressed, among others:

Koen article quote3

This is how the scene is set:

Koen article quote4

I wonder what a properly qualified medical practitioner would make of some of the advice given.

Koen article quote5

Need I say more ?

How do we tackle such blatant attempts at misleading parents of young girls?

Surely the best strategy must be to focus on facts and truth. So I am attempting to find a consensus across the Suleimani community around the following statement.

“I as a member of the Suleimani Jamaat, in the interest of young parents and their girls, want to reflect what I believe to be the truth about the practice of khatna. 

Fact is …

  1. It is a tradition which predates Islam 
  2. It is not mentioned in the Quran at all 
  3. It is not practiced by all muslims 
  4. It has been declared a crime in several Muslim majority countries 
  5. It is considered a health hazard by the World Health Organization
  6. It is considered a crime against a child by the United Nations

Truth is, in my humble opinion, that the Prophet Mohammed PBUH frowned upon this practice and sought to prevent harm from being done to women.

I believe that these facts should be endorsed by our leadership and communicated to all of the Jamaat ‘s young parents. 

The Daim-ul-islam states that ‘khatna’ is not obligatory and that it should not be performed before a girl is 7-years-old. 

I believe that it would be in line with this rule to recommend to parents that any decision to proceed with this practice should be postponed until the age of consent. 

And in line with the Prophet’s guidance, at a time when it was a more common practice, I believe that when and if it is performed, it must be done symbolically only and cause no harm.”

I hope you can join the effort by endorsing this statement.

And if you cannot, I invite you to propose an alternative.

At least let’s start by banning the use of http://www.isllamqa.com

Let us work together to undo the work of the devil.  

 

What Islam says about Female Genital Cutting and how far are these texts invincible? (Part 1)

By Debangana Chatterjee

A journey through religious texts helps us to validate or disprove the claims that there are religious justifications for traditional cultural practices. A similar logic applies to the claims that Female Genital Cutting (FGC) is an Islamic practice.

The Holy Quran and the hadiths, evolving from the deeds of the Prophet Muhammad, form the basis of Sharia or the Islamic law. Whereas the Quranic scriptures are unquestionable, hadiths require authentication as they are the dynamic source of evolving Islamic practices. Hadiths are the Prophet’s verbal instructions which were documented by various narrators after the Prophet’s death. The actual narration of the text is called the matn and the insad contains the trail of narrators to support the authentic transmission of Prophet’s instructions over generations. Hadiths can be classified as either mutawatir or ahad. Mutawatir hadiths are substantiated and backed up by multiple reporters documenting his guidelines and thus, is adequately acknowledged within the Islamic circle. Praying namaz, donating, fasting and going for Hajj are few of the mutawatir hadiths which are considered fully authentic. On the contrary, although a few ahad hadiths are thought to permit a limited form of female genital cutting, they are deficient of authenticity borne through insad.

According to a Baihaqi hadith, circumcision ennobles women. But many suggest it to be advisory rather than obligatory. One of the Bukhari Sharif hadiths considers circumcision as one of the acts of fitra (human acts inspired by God) like the removal of pubic hair, trimming the moustache, removing armpit hair and shortening nails. In Islam there has been much controversy whether fitra is binding. One Jami at-Trimidhi hadith suggests that there must be an essential bath after sexual intercourse between the two circumcised genitals of opposite gender. Though the supporters here take circumcision as a prerequisite to sexual intercourse and hence to marriage, the commandment of the hadith lies at the fact of taking a shower after sexual intercourse where circumcision may be spoken of as a natural presupposition. Written in Arabic, this hadith may have been toldto a community that was culturally inclined towards FGC at the time it was said. Hadiths by Abu Dawud, Al-Tabrani and Al-Khatib al-Baghdad seem to suggest conducting a plain cut of the clitoral prepuce, as according to them it beautifies a woman’s face and makes her even more desirable to her husband. Primarily even if the hadith  indicates FGC, it eliminates the severe forms of it such as infibulation and only promotes the least severe form.

Other interpretations of this hadith suggest that rather than taking it as the Prophet’s order, one may read this hadith as suggesting it is merely a desirable option. In contradiction, a hadith reported by Abu Sa’id al-Khudri and documented by Ibn Majah and Al-Daraqutni with an authenticated line of insad seems to unequivocally reject any practice amounting to harm.

In Shia Islam, taharat (purity) concerning the notions of hygiene, cleanliness and purity is sometimes put forward to justify FGC. It is believed that due to the clitoral unhooding the excess building up of smegma is addressed. Yet, effective measures of washing and cleanliness are more than adequate to address this issue.Removal of healthy tissues for it does not seem to be credible enough.

In India, Dawoodi Bohras, the largest Bohra sect belonging to the Tayyibi Ism’aili branch of Shia Islam, who practice khatna, consider the Da’i al-Mutlaq, also known as Da’i, to hold an authoritative, infallible status in the community. As the Da’i considers Daim-ul-Islam as the binding religious text for the Bohras, diktats of the text are taken as truth by devout community members. In this text, the Prophet is believed to advise for a simple cut of a woman’s clitoral skin as this, according to certain translations of the text, assigns chastity to a woman and makes her more ‘beloved by their husbands’. Though supporters of FGC cite this as the reason for the continuation of khatna, scholars have shown that da’is have never been as invincible historically, as has occurred in the recent past. In fact, changes in the provision that khatna is required, would add dynamism to the religion.

Islam as a whole neither complies with the practice nor endorses FGC. Despite repeated invocation of religious references as a justification for FGC, considering the myriad number of Islamic texts, the grounds for such justification hold little or almost no merit.

 Read Part 2 – Female Genital Cutting (FGC): Is it an Islamic Practice?

(Debangana is a doctoral scholar at the Centre for International Politics Organisation and  Disarmament (CIPOD), Jawaharlal Nehru University. Through her research, she is trying to locate the existing Indian discourse surrounding the practices of FGM/C and Hijab into the frame of international politics. If you would like to connect with Debangana, you can reach her at debangana.1992@gmail.com )

Not all damages are physical. Not everyone religious is morally ethical

Name: Xenobia (name changed)

Age: 27
Country: India

Today, social media is raging with thoughts and opinions on empowering women, being pro-choice, violating someone’s privacy and their body, and the role of consent, among others. Some say rapists must undoubtedly be hung to death, while some talk about punishing molesters and eve-teasers as well, so that the right patterns are set at the grassroots level and so that they think twice before taking advantage of girls again.

But what happens when the people taking advantage of a helpless 7-year-old girl are none other than her own family and community? Who, then, takes accountability for that? I’m not going to cry about my personal story here, but present some basic facts for you to consider. I am a Bohra Muslim raised in India. While the world sees us as a non-confrontational, peace-loving, business-thriving community, we have a secret tradition of circumcising 6-7-year-old girl children that we call khatna.

There are plenty of arguments about how this is “needed” from a health point of view for males and how it helps them in their sex life eventually, but the most educated and civilised people agree that this practice is harmful to a woman’s physical, psychological and emotional health, especially since it is not supervised or is often performed by untrained aunties in basements. This practice is officially termed as “Female Genital Mutilation” (FGM) everywhere else in the world and it is increasingly treated as a crime committed on helpless female children.

Why? What’s the reason?

Some say purity, some say patriarchy. Some do it because it’s a mandatory tradition and if the priest says so, who dares to refuse? Some do it out of peer pressure, some do it to avoid being blacklisted or labelled rebellious. The popular conclusion for those seeking out answers has been, to moderate or curb a woman’s sexual desires. Sure, this might have worked well in an era when we lived in deserts and tribes were always on the lookout for stealing another’s woman.

Irrespective of the reason today, does it even matter? However good your reasons may be, you still don’t have the right to decide what to do to a woman’s body without her consent. Whoever you may be. No matter what your intentions, the damage is done and you are still no different from a criminal.

So what does this mean for the victims?

The custom practiced by us is allegedly ‘Type 1’ and is different from that practiced by some African communities – Type 2 and Type 3 (based on levels of severity). As recognised by the World Health Organization, Type 1 FGC is described as the cutting of the clitoral hood and/or the clitoris, which poses a range of physical and emotional consequences such as infections, excessive bleeding, burning sensations while urinating, etc. The practice can adversely affect mental health as well since many young girls feel personally betrayed, helpless and confused. The child can also experience fear of sexual intimacy and mistrust of community members later in life as a result of the trauma. Sounds familiar?

But aren’t there thousands of other women who have gone through the same thing, and claim they are not facing sexual problems?

Just like most people don’t talk to others about what happens in their bedrooms, there are FGM survivors who don’t talk about their sex lives in public either. Some of them scream in pain through the night or are unable to have a healthy “bedroom life”. Plenty of these women are regular patients of doctors, sexologists, counsellors, and therapists. Yes, they manage to get pregnant (which is not very hard to do, with or without a man) but is the process peaceful and pain-free? No.

Everyone talks about divorce rates going up but nobody realises why. They don’t see that in general, women are subject to a lot of curbing throughout their upbringing. Things have always been decided for them and whatever the gender might be, it’s not like we are brought up in a community that breeds leaders or independent decision makers. We are a herd of brainwashed followers. And with the recent #metoo revolution, women have just started discovering their voice.

My personal take

Yes, I was ‘cut’ too. I don’t remember the details, but I remember flashes. I was taken to meet “some aunty” and I remember not having a very good feeling about it, but you do what you’re asked to do anyway. We went to her gloomy house in Calcutta and she asked me to stand over an Indian-style toilet with my legs apart and I remember seeing blood fall. That’s all.

I definitely remember having a hard time peeing for a week after that. Since this clearly does not qualify as a regular dinner conversation, it was just never spoken of after that. At age 16, I came across this ‘Muslim practice’ in Jean Sasson’s book – Princess. Among other terrible things done to women in Saudi Arabia, this was described in detail and that awoke something in my memory.

At first, I was scared and terrified because I didn’t know what to do with that information. It didn’t make any sense. Why would something that awful be done to me? What was the purpose? Was this religious? Was this medical? Gradually, I started asking other people of my age about it. Thanks to the internet, I started understanding a lot more of this ‘barbaric’ practice and how it is just another side effect of our patriarchal world, where random men decide how we must lead our lives and what is good for us.

What I couldn’t wrap my head around was how parents would let that happen to their own kids. When your daughter is at the peak of her innocence and brimming with nothing but pure love for you, you violate that basic trust. And then you actually hand her over to the monster who does that to her?

So your religion asks you to cut her body. And you see nothing wrong with that. And what about the repercussions and damages – physical, mental and emotional? She deals with those all her life. And if this is something you truly feel isn’t wrong, then why the hush-hush? Why the secret? Tell everyone about it, celebrate it, like you do for a misaaq ceremony? Why stop there? Of course, there are always exceptions too. Plenty of well-wishers keep trying to tell me that’s it’s not my fault and I shouldn’t worry about it, and I say, “Yes I know, and yet, I’m the one paying the price.”

What is really sad is that so many girls out there probably still don’t even know or remember this incident taking place. They are living under the impression that sex is bad and painful, and perhaps the problem is with them. Like most of our teachings. All the more reason why I am grateful to Sahiyo for this amazing platform for women to share their stories, to empathise, to let girls like me know that I am not the only damaged one and that I don’t need to see myself as a victim. Empowering women through storytelling seems like a glorious part of our culture that they are taking forward!

 

Why men too must speak out against Khatna

By Priya Ahluwalia

Priya is a 22-year-old clinical psychology student at Tata Institute of Social Sciences – Mumbai. She is passionate about mental health, photography and writing. She is currently conducting a research on the individual experience of Khatna and its effects. Read her other articles in this series – Khatna Research in Mumbai.

Khatna, by virtue of being related to female anatomy, is often categorized as a women’s issue. However, one must also remember that it is a practice performed on uninformed and unconsenting children. We must move beyond defining it as a child or a woman being violated and look at it as a human being who is being wronged, and therefore the most comprehensive way to describe it would be a human rights violation.

Despite it being a human rights issue, it appears as if not many people are willing to speak up against it, even though all people, especially men, need to do so. Within the structure of the Indian patriarchy, men enjoy power not only by virtue of their gender but also by their sheer number in our country. Therefore men can use their position of power to effectively tilt the weights in favor of women who are speaking against Khatna.

Although, ideally we expect all men to support us in the endeavour to end Khatna,  we should also attempt to understand their hesitancy. Within the Indian patriarchal family structure, the woman is seen as the mistress of the house, in charge of children, while men are seen as masters for all things outside the domain of the house. Therefore any attempt by men to venture into the discussion concerning women’s bodies is seen as ill-mannered and a gross violation of clearly demarcated gender roles.

During my research, I met a father who became aware of Khatna and its consequences because he had daughters and therefore vehemently opposed it. He narrated the daily struggle of convincing his own mother against this practice. However, like many other men before and many after him, he was unsuccessful in dissuading the women in his family from continuing it on his daughter. He was blindsided by his mother and given the blanket argument that she knows better for a woman by virtue of herself being a woman.  

Yet research has shown that with increasing education on khatna, more men are willing to campaign against it. Still, the onus of initiating a conversation on khatna among others lies with the women. Communication between men and women, especially husband and wife, is crucial for the discontinuation of Khatna. A woman I interviewed who had undergone Khatna took this initiative and began a conversation with her husband, which gave her immense strength and helped her protect their daughter from falling into the clutches of tradition. Research too corroborates the same: if more men are are part of the decision making process, the less the likelihood that Khatna would be performed on the girl.

The research linked above shows that men who wish to speak up are held back by their limited knowledge on the effects of Khatna.They are unaware of what is removed and what are its ramifications. The primary reason for this ignorance is the lack of conversations about women and their health among family members. This hesitancy to talk about women in front of men comes from the idea that women are equivalent to the family’s honour, therefore talking about aspects of their sexuality may be seen as a violation, thereby a disgrace to the family’s honour.  However, we must move beyond the archaic concept and understand that creating awareness about the ill effects that Khatna has on a woman’s body in no way defiles a family’s honour. After all, what honour can reside in pain?

Conversations about Khatna must begin, questions must be asked and collaborative measures between men women must be taken to put an end to this practice. There are several ways to oppose this practice. You may choose to speak out or you may to choose to silently protest;  however, if active measures are not taken to resist it, then there is passive consent for the continuation of khatna, and we must understand that every time such consent is given, it means another child is being harmed. Therefore, let us come together for the children and do whatever we can, wherever we can.

To participate in Priya’s research, contact her on priya.tiss.2018@gmail.com

 

Khatna and the law, Part 1: Legislative Framework on Female Genital Cutting in Egypt

By Bhavya Singh

Since the recognition of the presence of Female Genital Cutting (FGC) in parts of Asia, Africa and the Middle East, efforts have been made to eliminate it in these areas. At the international level, elimination of Female Genital Mutilation is a part of Sustainable Development Goal number five, which seeks to achieve gender equality. Organisations like WHO, UNICEF and UNFPA have worked for greater involvement of the international community to advocate against FGC. These efforts include creation or reformation of laws at the national level to counteract the issue. Legislation at the national level, however can be a complex issue as this practice is very deeply entrenched in the social fabric of the communities in which it occurs. Countries which have criminalised FGC continue to face problems, as punishment alone is not enough of a deterrent in a community where FGC is connected to tradition. In other countries, the implementation of the law has not been successful and has not seen prosecutions occuring. Communities themselves have resisted the effort to ban the practice, often arguing with officials who arrest those involved with carrying FGC out.

According to the UN, FGC has reduced by 24% since 2001, however, at the same time if FGM continues at the same pace it currently occurs, around 68 million girls around the world will be affected by it by 2030. Thus legislative efforts have not been effective deterrents in most countries.

To further understand the legislative framework regarding the issue, this blog series will explore the laws in place in countries affected by FGC in Africa, Asia and the Middle East.

In Africa, FGC is criminalised in 18 of the 28 countries it is reportedly practiced in. Criminalisation is only the first step in ending the problem. This fact is illustrated by the situation in Egypt where a law prohibiting FGC has been in place since 2008, but only two cases regarding FGC related deaths have been reported in the years following. According to 28 Too Many the law in Egypt is mentioned in Article 242-bis and Article 242-bis(A) of Law No. 58 of 1937 promulgating the Penal Code. The penalties for violation of the law include:

  • Article 242-bis – the performance of FGC is punishable with imprisonment for between five and seven years.
  • Article 242-bis – where the performance of FGC results in permanent disability or death, the punishment is increased to ‘aggravated’ imprisonment for between three and fifteen years.
  • Article 242-bis(A) – anyone who requests FGC is punishable with imprisonment from one to three years if the mutilation is carried out.

In 2016, an amendment upgraded the performance of FGC from misdemeanour to felony. Where a charge of misdemeanour earlier meant a penalty ranging from three months to five years, it now ranges from five to seven years. The provisions of the previous law had gaping holes, including exempting genital injuries with sufficient medical justification. As a result, FGC moved from hidden corners into medical hands. According to 28 Too Many, 78.4% of incidences of FGC are done my health professionals. The widely covered death of Soheir al-Batea brought this issue to light. A thirteen-year-old, she died at the hands of Dr. Raslan Fadl who performed the procedure. What is surprising here is the fact that despite existence of the law against FGC since 2008, Dr. Fadl is the only health professional to have been implicated for the crime. (See ‘A Small Nick or Cut, they say…’ by Priya Goswami)

This, more than anything, makes it clear that the existence of law is not enough to end FGC The need to conform to societal norms is so strong that people are ready to break the law for its sake. Also, in many communities, honour and pride are strongly associated with notions of women’s purity. Female circumcision, which it is often also referred to, is falsely propagated as a marker of purity, which makes FGC difficult to erase, as people value honour over a women’s safety, comfort or hygiene. Another reason why change is challenging is because the harbingers of change are often considered ‘outsiders’ instead of part of the community. The attempt at reform by these ‘outsiders’ is often viewed as propaganda against the community rather than upliftment of the community and concern for its community’s wellbeing.

What will help, is the inversion of societal notions. If FGC is seen as honourable, people should be made to see the reasons why it is quite the opposite, so it can be dissociated from honour. If FGC is seen to be a requirement for marriage, it needs to be seen as a deterrent instead. If FGC is seen as religiously sanctioned, people need to be made aware how it is not. The long-term solution involves changing the mindset such that FGC is recognised as harmful.. As seen in this blog’s case scenario, penalising an act that much of a  society does not think a criminal offense in itself will not lead to the desired solution.

About Bhavya Singh: Bhavya Singh

Bhavya is 19 year old law student who has a deep interest in human rights and political theory. She is the happiest when extremely busy and wants to use her law degree to help as many people as she can. Always willing to talk about fashion and sitcoms, her other two passions, and she is hungry for new experiences and challenges to be thrown at her.