Female Genital Cutting charges dismissed but our work continues: Global reactions to Michigan case news
By Sahiyo On November 20, U.S. District Judge Bernard Friedman dismissed the female genital cutting charges in the historic Michigan case involving girls from the Dawoodi Bohra sect, emphasizing that FGC should be regulated by states as a “local criminal activity.” Congress enacted the 22-year-old federal law banning FGC in 1996 — the law Judge Friedman has declared unconstitutional. Charges were dropped against two Michigan doctors, Dr. Jumana Nagarwala and Dr. Fakhuruddin Attar, and six others accused of subjecting at least nine minor girls to FGC. However, Dr. Nagarwala, Dr. Attar and his wife, Farida, and a mother remain charged with conspiracy to obstruct an official proceeding. Dr. Nagarwala is also charged with conspiracy to travel with intent to engage in illicit sexual conduct. In light of these developments, we would like to share the responses of many Bohras and other activists working to end FGC. “What is so disappointing to me is that justice will be delayed in this case. There is a growing, global movement against khafz/FGC and we need positive judgments to send a strong message to our community that this practice is harmful and illegal. We must protect future generations of Bohra girls.”~ Farzana Doctor, Canada “By declaring the federal ban on FGM/C unconstitutional, Judge Friedman opens the door for parents to do exactly what was done in this case — take their daughters from states that ban FGM/C to states that don’t so they can be cut.”~ Umme Kulsoom Arif, USA “The ruling on the jurisdiction of this case is giving some folks a perceived green light to proudly say that khatna/khafz/FGM/C is not illegal in the US after being afraid to say it out loud after Nagarwala was arrested. But people should understand that there are many state laws still in place (including in Michigan now) and the judge said that FGM/C is a ‘criminal activity’ so parents beware. This does not give you permission to cut your daughters. It will be a regrettable time in history if there is an uptick in the practice of FGM/C in the US because of this technicality in the jurisdiction of this case.”~ Zehra Patwa, United States “Shameful really! While 30 other countries have made FGM illegal, US, the supposed defender of human rights, has just shown the world what American justice is…women’s rights are not just not important for the federal court.”~ Saleha, Canada “Shocking judgment. But at the same time judgment gave us more spirit to work hard and achieve the desired goal to end FGC. To bring social change takes time but nothing is impossible. I’m sure through our collective efforts we will achieve our goal one day.”~ Chandni Shiyal, India “While on our climb towards the summit, we are going to face slips and stumbles but the climb must go on…..this judgement though disappointing is a mere stumble or slip….”~ Fakhera, India “This judgment is clearly based on a technicality of the federal versus the state jurisdiction. Irrespective, FGC still continues to be a violent act against 7-year old girls. Are we disappointed to hear this decision? Most certainly. However, it’s only a matter of time until people open their eyes and see the truth. Tradition without any logic can only hold its ground so long. Sati used to be tradition too, in this very land. Look where we are now.”~ Alifya Thingna, India “One of the most disheartening outcomes of this case is the lack of outrage among our elected officials. Two, recently elected, Muslim women representatives from Michigan and Minnesota (the two states involved) have failed to use their platforms to proactively address this issue. FGM is an issue that affects the safety of women and girls, and constituents in their communities. This decision (and the lack of public outrage) sends a signal to communities who practice FGM that there will be no accountability.”~ Maryum Saifee, United States “It’s a sad day for silent seven-year-old girls when there is no clear US law to protect what is truly theirs!”~ Rashida Rangwala, United States “I am so disheartened by this decision! It’s actually shocking. I thought at least USA law would give justice to innocent girls.”~ Alifya Sulemanji, United States “No little girl in this world should have to go through the trauma of female genital cutting. Cultures should not be empowered to take away the human rights of their members.”~ Renee Bergstrom, United States “I feel angry and deeply disappointed. This isn’t over but it’s incredibly discouraging to see our legal system disrespect and let down girls and women being violated in this country.”~ Lara Kingstone, United States “यह केस 23 US राज्यो में FGM कानून के अभाव में जीता गया है। यह एक ही टेक्निकल ग्राउंड है। अब यह केस अमेरिकन सुप्रीम कोर्ट में जाएगा। UN कानून के तहत अमेरिका बाध्य है। अब वहां सुप्रीम के आदेश पर फेडरल कानून बन सकता है। कोई भी संघर्स लंबा समय मांगता है कभी जीत कभी हार होती है। हरेक निष्फलता अगली सफलता का बेज़ (फाउंडेशन) बनता है। भारत के कोई राज्य में ऐसा FGM कानून नही है। मगर हम भी UN के सदश्य है। भारत मे भी ऐसा कानून आज नही तो कल बनेगा।”~ Ibrahim Patel, India “There are many practices which have been blindly followed from decades. Some of them have been changed, modified or amended in the course of time, with the advancement of research and scientific development. We are just trying to tell the world the actual fact that women undergo suffering with no fault of their own because of FGC.”~ Insiya Ganjifrockwala, India “Regardless of the impending appeal, this decision may inevitably embolden many to continue cutting girls. We should take this opportunity to continue to pressure our leaders to stand against FGC as a human rights violation, to bring awareness to the issue, and to protect our girls.”~ Jenny Cordle, United States “I would call this verdict as a legislative failure as no justice has been given to the child, and this gives a loophole
U.S. Court’s dismissal of FGM/C charge in Michigan case is disappointing, but does not condone genital cutting
By Mariya TaherCo-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: [blockquote]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.[/blockquote] 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: [blockquote]“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.”[/blockquote] 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. Read more at Judge dismisses female genital mutilation charges in historic case Watch U.S. women share their FGC stories – http://bit.ly/SahiyoStoriesVids Read the U.S. End FGM/C Network Statement on Judge’s Decision in Michigan Case Amicus Brief for Dr. Nargawala hearing 6 November 2018 submitted by Equality Now, WeSpeakOut, Sahiyo, And Safe Hands For Girls In Support Of The United States 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.
Looking from the Outside-In: Initial Perceptions of Female Genital Cutting
By Batoul Saleh A campaign event for Minnesota Rep. Ilhan Omar and former Michigan rep. Rashida Tlaib was disrupted on August 11 by Laura Loomer, a conservative media personality. Invading the event, Loomer claimed that Omar, a Somali-American, supported Female Genital Cutting/Mutilation (FGC/M), along with other accusations about her African culture and background, essentially questioning her ability to successfully fulfill political office because of her origins. Laura Loomer is an “investigative Journalist [and] Former Project Veritas operative” and according to the Minneapolis Star-Tribune, she has also been “investigating Muslim candidates” across America prior to the August 11 incident. She later rationalized her unannounced and uninvited appearance at Omar’s event saying that she was “helping Minnesotans “break free from Sharia”. However, Loomer’s assertion that “[Omar] voted against legislation that would have made Female genital mutilation a felony in Minnesota” because “she didn’t want to offend the Somalian community” while saying that she is “ Somalian first” and “Anti-American” goes no farther than being a rash, racist comment made to instill fear in Minnesotan voters. In reality, the bill that Loomer was referring to, H.F. NO. 2621, which looks to “expand the crime of female genital mutilation; updating requirements for education and outreach; expanding the definition of egregious harm; [and] expanding the definition of a child in need of protection or services to include a victim of female genital mutilation” only had four representatives vote against the bill: David Bly, Rena Moran, Susan Allen, and Tina Liebling — Ilhan Omar, in fact, voted in favor of the legislation. This is just a single incident of bigotry; however, for those who have not experienced it themselves or were not raised in a community where FGC is prominent, uninformed and insensitive judgments about FGC/M can be passed on as fact, leaving those who are from those communities stereotyped, ridiculed, and shamed for where it is they come from. After this incident, many Americans, without knowing the truth about Ilhan Omar’s position on the FGC/M case, replied with intense anger and racism against her. With false information coming from alt-right politicians and journalists, the truth is easily distorted, and those individuals can spread those initial misconceptions about Female Genital Cutting just as easily as journalists like Laura Loomer did to encourage division and xenophobia, as shown in the tweets above. (See Sahiyo’s Media Toolkit on effective and sensitive reporting on FGC) The accusation that Loomer created and spread publicly stems from her failing to separate the values of a person’s country and that country’s political and social beliefs from the personal beliefs of the individual. Just as a considerable amount of Americans now do not align themselves to the US government’s values and decisions, women of African, Middle Eastern, and South East Asian origins are just as much, if not more, unbounded by the uncontrollable beliefs of their government and community. In fact, a US National Library of Medicine National Institutes of Health study concluded that “prevalence of supporting the continuation of FGM among adolescent girls in Kenya is only 16%, Niger 3%, Senegal 23%”. It has also been recorded by Sahiyo that 81% of the female Bohra community disagreed with the continuation of FGC. Though the prevalence of FGC in the respective countries is high, adolescents girls in these countries are in opposition to its practices. Thus, there is a clear distinction between someone’s cultural norms and the attitudes they hold, and from an outsider’s perspective, it is vital that the media coverage and education they receive about Female Genital Cutting/Mutilation should be just as nuanced and integrated as the reality of FGC/M.
On The Supreme Court Hearings and The Pro-Khatna FAQs Circulated by Bohras
By Shabana FerozeCountry: Bahrain The Supreme Court of India is very close to deciding a ban on Female Genital Cutting (FGC) or khatna, and I couldn’t be happier. As a survivor of FGC myself (I live in Bahrain but had khatna done to me in a shady house in Hyderabad, India), I want to see this practice legally banned. The Supreme Court observed it goes against the Constitution of India to make any changes to a young girl’s private part. In my opinion, Female Genital Cutting goes against not only the Constitution, but child rights and human rights as well. The argument by pro-khatna Bohras against this is always “religious freedom”, as is evident in the name of the group at the forefront of defending khatna: the Dawoodi Bohra Women for Religious Freedom. What religious freedom? You’re allowed to do anything in the name of religious freedom? I really hope that the Supreme Court rules to have this practice declared illegal once and for all so Bohra moms stop bringing their daughters from all over the world to get a part of their anatomy removed for no reason. But what scares me is that even if it gets banned, the practice may go underground and still continue. A few members of the Bohra community who are pro-khatna (and the Syedna, the leader of the community) vehemently defend the practice, saying that it’s their right to do it, and that parents don’t need the consent of a 7-year-old girl child to make non-medical changes to her clitoris. They also claim that the procedure is done for “taharat” or “religious purity”. There was even a document circulated on WhatsApp recently, called “Female Circumcision, as practiced by the Dawoodi Bohras: Understand it, before condemning it!”. The document is structured like an FAQ, listing all the arguments against FGC and countering them with their supposedly good and right reasons in favour of this practice. This document claims that the Bohra form of FGC is not the same as Female Genital Mutilation (FGM), and that khatna does not cause any physical harm, trauma or even pain. This claim ignores all the personal stories of women who have said that it caused harm, long-lasting trauma, and terrible pain to them (including myself). The authors of the document also state that the World Health Organization (WHO) has “over-reached” in including Bohra khatna in their classification of FGM. Do they think they are smarter than the World Health Organization? They also compare nose and ear piercings to FGC. The document claims: “Nose & ear piercings, a very popular practice world over, is commonly performed on small girls for non-medical purposes. Nose & ear piercings are painful and cause a publicly visible & permanent change on the human body. Yet they are considered perfectly acceptable. On the other hand, female circumcision, which is a mild & harmless practice causing no visible change, is considered to be a human rights violation!” Making a piercing in the cartilage of the nose and ear is very different to cutting off a piece of genitalia. The genitalia is connected to your sexual organs and reproductive system. It’s not a harmless procedure. Nose and ear piercings are harmless procedures, available at hospitals and pharmacies, and are done by trained professionals. The WHO doesn’t have a problem with it. It’s not banned in several countries. So the comparison of nose and ear piercings to FGC/ khatna is not on the same level. Looking at the Bohra community’s arrogant defiance to continue this practice, even in the face of organizations such as WHO, I’m scared that even if the Supreme Court makes it illegal, it will continue to happen. It’ll just be shrouded in more secrecy. The Syedna himself needs to declare it to be an outdated and unnecessary tradition that needs to be stopped. If he doesn’t and it becomes illegal in India, a huge network of home-based cutters might grow, and women might continue to take their daughters, granddaughters and nieces to dark homes in small alleys to get it done.
Why Won’t Massachusetts Pass A Law Against Female Genital Cutting?
Today, FGM/C is banned under federal law, yet, only 26 states in the U.S. have laws against it. Massachusetts is not one of them. According to the Center for Disease Control and Prevention, it is estimated that over half a million girls and women in the United States are at risk. Massachusetts ranks 12th in the nation for at-risk populations with an estimated 14,591 women and girls. Since 2012, the Massachusetts Women’s Bar Association has tried to advocate over and over again for a state law criminalizing FGM/C. Yet, to this day, no law has been put into place. The current bills, S.788, and H.2333 have been sent to a committee for study and most likely will not move forward either. In an effort to raise more awareness on the issue and to prompt community action to encourage Massachusetts state legislature to pass such a law, Mariya Taher (a survivor of FGM/C) and Hanna Stern (an advocate against FGM/C), started a change.org petition calling on Governor Charlie Baker, Speaker of the House Robert DeLeo, and President of the Senate Harriette Chandler, to take action and protect all girls in Massachusetts, as FGM/C is nearly always carried out on minors, is a violation of the rights of children, and reflects deep-rooted inequality between the sexes that constitutes an extreme form of discrimination against women. Massachusetts needs a bill that unequivocally reiterates that female genital mutilation/cutting is a form of violence. There are laws against domestic violence and sexual assault. We need a law against FGM/C as well. Read more: Sign Ban FGM in Massachusetts Change.org Petition Learn Advocacy Tips on Writing a Letter to Your Legislator or Governor Read Mariya’s op-ed – ‘Why Won’t Massachusetts Pass a Law to Stop FGM’ Learn which U.S. states have FGM/C laws.
Indian Supreme Court Offers Hope for Petition Against FGC, While Government Denies its Prevalence
On July 10, judges of the Supreme Court of India observed that the “bodily integrity of a woman” cannot be violated while hearing a petition about Female Genital Cutting. The Court made this observation while hearing the arguments of a petition filed by the Dawoodi Bohra Women’s Association for Religious Freedom, which claims that FGC, as practiced by the Bohra community, is not “FGM” but “circumcision”, and is an essential religious practice that they have the constitutional right to follow. In response to these arguments, made by DBWRF’s lawyer, Abhishek Singhvi, Justice Chandrachud said, “Why should the bodily integrity of a woman be subject to some external authority? One’s genitals is (sic) an extremely private affair.” The judges also observed that the practice cannot be imposed on those who do not want it. This is not the final verdict of the Court, and the hearings in the case on FGC in India will continue. Meanwhile…. On June 27, India’s Ministry for Women and Child Development denied the prevalence of Female Genital Cutting in the country – it’s second U-turn on the issue in the past 13 months. This denial came after a perception poll by Thomson Reuters Foundation ranked India as the most dangerous country in the world for women, based on a variety of parameters that included the practice of FGC. The Indian government responded to this poll by issuing a press release refuting and dismissing its methodology. In the press release, the Government also stated that “Female Genital Mutilation” is “not practiced in India”. This is clearly at odds with the stand that the Central Government took in the Supreme Court just two months ago when it stated that FGC is “already an offence” under Indian law and asked the Court for guidelines on how to tackle the challenge of FGC. This is not the first time that the government has made contradictory statements about FGC. Women and Child Development Minister Maneka Gandhi had first publicly acknowledged the practice of FGC in India, and the need to ban it, in May 2017. In December 2017, however, the Government dismissed the testimonies of several women who have spoken out about their FGC experiences by claiming, in the Supreme Court, that there is no “official data” to support the existence of FGC in India. Such flip-flops leave FGC survivors in the lurch, unsure of whether their government is likely to support the end of a practice that continues to harm so many women and girls in India. Read more: Sahiyo comment – An appeal to Maneka Gandhi: Stop the flip-flops on Female Genital Cutting The problem with the Indian Government denying the existence of Female Genital Mutilation in India: Priya Goswami Sign Sahiyo’s petition asking the United Nations for more investment towards research and advocacy on Female Genital Cutting in Asia.
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 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.
An appeal to Maneka Gandhi: Stop the flip-flops on Female Genital Cutting in India
Sahiyo is deeply concerned about the Indian government’s repeated contradictory positions on the problem of Female Genital Cutting (FGC) in the country. In the span of just 13 months, India’s Ministry for Women and Child Development has flip-flopped on its stand on FGC at least twice. Its latest u-turn came on Wednesday, June 27, when the Ministry mentioned, in the middle of a larger press release, that “Female Genital Mutilation” is “not practiced in India”. This is clearly at odds with the stand that the central government took in the Supreme Court just two months ago, when it stated that FGC is “already an offence” under Indian law and asked the Court for guidelines on how to tackle the challenge of FGC. This is not the first time that the government has made contradictory statements about FGC, which is called Khatna or Khafz by the Bohra community and female Sunnath by FGC-practicing communities in Kerala. Such flip-flops leave FGC survivors in the lurch, unsure of whether their government is likely to support the end of a practice that continues to harm so many women and girls in India. The first time Female Genital Cutting (also called Female Genital Mutilation) involves cutting parts of the female genitalia for non-medical, often religious or cultural reasons. In India, the kind of FGC practiced by the Bohras and some communities in Kerala typically involves cutting a part or all of a young girl’s clitoral hood. The practice can have a variety of physical, psychological and sexual consequences on the health of women and girls. Maneka Gandhi, the Minister for Women and Child Development, first publicly acknowledged the practice of FGC in India in May 2017, a month after an independent lawyer petitioned the Supreme Court asking for a ban on FGC. The Court sought a response from the government and Gandhi stated that the practice of FGC would be considered a criminal offence under provisions of the Indian Penal Code as well as the law against child sexual abuse. She also stated that her Ministry would write to the Syedna (the leader of the Dawoodi Bohra community) and ask him to “issue an edict to community members” to give up FGC voluntarily. If the community does not give up the practice, Gandhi said, the government would introduce a specific law against FGC. This was a welcome stand by the government, but it was contradicted seven months later. In December 2017, during a hearing of the petition against FGC, Gandhi’s ministry told the Supreme Court that “there is no official data or study” that supports the existence of FGC in India. While this is technically correct, it is dismissive of the many survivor testimonies that have been presented to the Ministry through petitions and personal meetings with survivors and activists. The statement is also ironic, because “official” data can only exist if the government actually commissions such research studies on FGC, which it has not yet done. After this frustrating statement, the government gave FGC survivors hope again in April. At another Supreme Court hearing, the government’s attorney unequivocally acknowledged the practice of FGC in India, described it as an offence under provisions of existing Indian laws, and asked the Court itself to help issue guidelines on how to end FGC in communities. Now, with it’s latest press release, the government is back to flip-flopping on the issue. The second time The Ministry’s June 27 press release was a refutation of a new poll by the Thomson Reuters Foundation, which found India to be “the world’s most dangerous country for women”, based on a perception survey of 548 experts on women’s issues from around the world. The survey results identified a list of 10 countries that are currently perceived to be the most dangerous for women. The poll evaluated each country on six key parameters: health, discrimination, cultural & religion, sexual violence, non-sexual violence and human trafficking. India was ranked number one (most dangerous) one three of these parameters: sexual violence, human trafficking and culture & religion. It also ranked as most dangerous overall, followed by Afghanistan, Syria, Somalia, Saudi Arabia and others. It is the parameter of “culture and religion” that specifically concerns us here. This parameter includes practices such as child marriage, forced marriage, female foeticide, punishment through stoning or mutilation as well as Female Genital Mutilation/Cutting. The Indian Ministry for Women and Child Development did not take kindly to the Thomson Reuters poll, and issued a defensive press release dismissing the poll as unscientific and not based on data. It is no secret that women’s rights and freedoms are regularly trampled upon in India, and the Ministry’s sour-grapes reaction to the perception poll has already been critiqued in the media. What struck Sahiyo’s attention is this particular statement in the Ministry’s press release: “The six questions posed as part of the poll cannot fairly be applied to all countries. E.g. the age bar for defining child marriage is different in every country, mutilation as a means of punishment, female genital mutilation, stoning etc. are not practiced in India.” [Italics added] To claim that Female Genital Cutting is not practiced in India is a blatant falsehood, and it comes from a government that has already publicly acknowledged the prevalence of FGC in India twice before. It comes from a government whose ministry has personally met with survivors and activists in the past year and assured them that it is keen to end this practice. It comes from a government whose minister has claimed she would appeal to the Bohra Syedna to end the practice of FGC in the Bohra community. It comes from a government that has officially told the highest Court of this country that FGC is already a crime in India, under the Indian Penal Code and the Protection of Children from Sexual Offences Act. It comes from a government that must surely be aware that FGC is practiced not just by Bohras but also by other groups
Penn State Law School Host Conference on Female Genital Cutting
On April 12-13th, the Dickinson Law’s FGM Legislation Project hosted a conference, “Crafting Legislative and Medical Solutions to Address Female Genital Mutilation Locally and Internationally,” at Dickinson Law. This conference aimed to educate the public, lawyers and medical professionals about the legal, social, psychological and medical consequences of FGC. Experts and practitioners gathered to address the medical implications for women who have undergone it, the need for legislative action, and cultural competencies and prevention. Sahiyo Cofounder, Mariya Taher participated in a panel session, “Effective FGM Prevention and Survivor Advocacy.” A live stream of the event can be found here. On April 13th, a working group gathered to create and discuss an optional protocol to the Convention on the elimination of all forms of discrimination against women that focuses primarily on Female Genital Cutting.
White House Press Release Falsely links Gender Violence (and FGC) to Foreign Nationals
By Geethika Kodukula (Disclaimer: Although they graciously accepted it, the views in this post are my own and do not necessarily reflect those of Sahiyo or its founders. I am not myself an immigrant, Muslim, or an FGC survivor.) In January, the White House put out a press release wherein they mentioned a Department of Justice report about the Entry of Foreign-Born Terrorists into the United States and the “connection” to Gender-Based Violence. The press release noted more than 20 “statistics” and names of people who have either been convicted of terrorist activities or conspiring against the US between 2001 and 2016. All of the cited examples were of people keeping Islamic faith, children of visa lottery recipients, or children of foreign-born nationals. Nowhere in this press release is there mention of the multitude of hate-crimes against people of color in 2017 or the half a dozen shootings in the month of January that are more pressing and real concerns for national security. As a statistician, I can tell you with certainty that numbers do not mean anything if you do not have a baseline to compare against. For example: let’s examine statistics about crime from the FBI. In 2016, there were 6,121 hate crimes in the United States. However, before believing that we must leave the country because it is unsafe, it is important to note that only 11.6% of the total number of jurisdictions monitoring hate crimes reported any incident. In other words, 88.4% of jurisdictions had no incident report of a hate crime whatsoever. Cherry picking numbers and placing them onto an entire group does not make the statistical interpretation valid. According to the White House Press Release, two ‘threats’ immigrants bring into America are gender-violence and crime. Let me rephrase that – the current administration, led by this man, who hired people like Rob Porter and David Sorensen who touted their professional prowesses in response to them giving their wives black-eyes, is worried about immigrants bringing gender violence into the country. Gender Violence is pervasive across the world. “Global estimates by the World Health Organization indicate that about 1 in 3 women worldwide has experienced violence in their lifetime.” [WHO | Violence against women] Factually, there is no continent on which there hasn’t been some form of sexual harassment or assault, including Antarctica. If you want some stats on the issue, go to UNWomen. I could (and desperately want to) pick apart each of the statistics provided in the White House statement intended to make us clutch our pearls and shriek at the sight of a ‘foreign-national’. However, I will resist the urge and stick to the point that made me decide to write this piece. From the White House statement: “According to a 2016 report by the Center for Disease Control and Prevention (CDC), the number of women and girls at risk of undergoing female genital mutilation (FGM) was three times higher in 2012 compared to 1990. The CDC report states that the increase was entirely a result of the rapid growth in the number of immigrants from FGM practicing countries.” One concern/question that immediately comes to mind: what was their methodology to predict that increase? Let’s check the report: “For comparability of terminology with earlier analyses, those at risk consisted of the number who potentially underwent or would potentially undergo FGM/C in the future if the population of foreign-born women and girls and their children in the United States had the same rates of FGM/C as the countries in which the girls or their mothers had been born.” To put it in perspective, the statement assumes that if a country has, say, 20% prevalence of FGC, and we have 100 immigrants from that country, 20 of those immigrants are at risk for FGC/M. The inference is then that after people emigrate to the United States, they behave in the same manner as they would in the country from which they migrated. The study does not take into account assimilation of immigrants, a difference in socioeconomic status, nor that FGM/C is banned in the United States. The CDC study itself notes that ‘These differences would very likely result in reduced risk for FGM/C’. Whoever wrote this press statement did not read the entire CDC study, or they just choose to conveniently leave out that point. Alternatively, they must have thought that no one would read the actual CDC study in its entirety and instead the public would align with the narrative that we must all run from the scary foreign-man? FGC is a real public health problem prevalent around the world, including in the United States. We are all trying to understand, reason, and reduce its incidence. We would be rejoicing if as a shift from the norm, the statement had said, ‘We can not tolerate this practice anywhere; here on U.S. soil, or across the world. We will work towards grassroots education, de-stigmatizing, and progress in the elimination of FGC.’ The White House Press Release leaves me to wonder, is the U.S. still a champion of human rights across the world, or, are they okay as long as any violation that occurs is just not in their backyard? FGC has its origins rooted in the patriarchy and suppression of female sexuality. Expecting the Trump administration to understand the nuanced situation of harmful religious practices is almost pointless. It is a war and not a battle. However, I will be damned if I stand by and watch these false “champions of women’s safety and health” demonize people without caring about the implications of their statements. At this point, if a ‘foreign national’ pulls his ear three times before eating his lunch, it seems the White House will find a reason to make it an issue relating to economic/health/crime/gender-violence. The gender-violence statistics in the United States are staggering. For many of us, it is our day job to end it – day-in and day-out. Gender-violence, like many forms of violence, is about power. Don’t let