New Delhi: WeSpeakOut, a survivor-led movement that strives to end female genital mutilation for Bohra women, issued a statement expressing disappointment on the Michigan court’s ruling that struck down a 22-year-old federal law that outlawed female genital mutilation.
Clarifying that the charges against Dr Nagarala were dismissed on technical grounds because the judge stated that FGM was a “local criminal activity”, the statement also pointed out that the judge referred to FGM as a “despicable practice” and noted that it was a form of physical assault. The statement, issued by founder Masooma Ranalvi, also expressed hope that the US government would appeal against the decision of the judge.
On Tuesday, a federal judge in Detroit struck down a law that criminalised female genital mutilation, that had been adopted by the US Congress over two decades ago.
Also Read: Genital Mutilation Plagues Thousands of Bohra Women in India
US District Judge Bernard Friedman stated that the US Congress did not have the authority to pass legislation against female genital mutilation, as it was a “local criminal activity,” and that federalism concerns prevented the Congress from enacting laws in this regard as it is the prerogative of the states to regulate and outlaw the practice. The federal judge issued this ruling in a case that involved a Michigan doctor, Dr Nagarala who is accused of performing female genital mutilation on two sevn-year old girls. The families of the girls belonged to the Dawoodi Bohra community, a Shiite sect from India. This was the first time in the US anyone faced prosecution under the federal FGM law.
The Shiite sub-sect, along with some other Sunni Muslim sects, practice FGM in the form of Khatna/Khafz or female circumcision along with some other Sunni Muslim sects. The practice of FGM is prevalent in the Bohra community and WeSpeakOut has released an extensive data report documenting how widespread the practice of FGM is in India.
Representatives from the global anti-FGM movement and UN Agencies also met in India to discuss the actions need to curb the practice. Underscoring the need to protect young girls from genital mutilation, they called for the Indian government to enact laws that prosecute the practice under existing criminal laws. Participants also recommended that the government create awareness about the ill-effects of the practice and direct the medical community to refrain from performing it. Speak Out on FGM has renewed resistance against the practice through an online petition that has gathered support from over 83,000 people.
Also Read: With Data, an Attempt to Lift the Veil of Secrecy Around Female Genital Mutilation
Several members of the Dawoodi Bohra community spoke out against the age-old custom of female genital mutilation that violates child rights and human rights following an Australian judgment that sentenced a Dawoodi Bohra community leader, a former midwife and a mother of two girls over the mutilation of two minor girls in the country.
In September, the Supreme Court of India referred the plea challenging the practice of FGM to a larger five-judge constitutional bench. The Dawoodi Bohra Women’s Association for Religious Freedom (DBWRF) has argued, before the apex court, that “the practice of khafz is an essential part of the religion,” and that the right to practice and propagate religion is enshrined in the Constitution. The practice of khafz is recognised as FGM and a violation of human rights.