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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, Aisha Yusuf (both survivors 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:

Learn which U.S. states have FGM/C laws.

Want to help us end female genital cutting? Vote for Sahiyo in the Shared Nation Contest!

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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.

 

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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 its ramifications are. 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 This email address is being protected from spambots. You need JavaScript enabled to view it. 

 

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Tracing the Origins of Female Genital Cutting: How It All started

By Debangana Chatterjee

Though the exact reason for the origin of Female Genital Cutting (FGC) is unknown due to the dearth of conclusive evidences, multiple theories revolve around how the practice began. FGC precedes both the start of Islam and Christianity and is practised predominantly because of cultural traditions. FGC is not limited to a single community, religion or ethnicity. Rosemarie Skaine mentions that there are archival documentations indicating a Greek papyrus to have recorded women to get circumcised while receiving dowries around approximately 163 BC. In fact, there are several Greek scholars mentioning its prevalence before the advent of Christianity.

Broadly, the practice is believed to have originated in Egypt where circumcised and infibulated mummies were found according to Frank P. Hosken. Gradually, it spread around the contiguous areas of the Red Sea coast among the tribes through the Arabian traders. In Hanny Lightfoot-Klein’s opinion, though the practice is believed to first have spread in the form of infibulation, clitoridectomy increasingly became the more acceptable form of FGC. During the Pharaonic era, the Egyptians believed in gods having bisexual features. Elizabeth Boyle recounts that these features were believed to reflect upon the mortals, with women’s clitoris representing the masculine soul and men’s prepuce that of the feminine soul. Thus, circumcision was considered to be a marker of womanhood and a way to detach from her masculine soul. As it became a socio-cultural norm, FGC became the utmost criteria for women’s marriage, inheritance of property and social acceptance in ancient Egypt.

Lightfoot-Klein also suggests that population control was also one of the driving forces behind the practice as by controlling a woman’s sexuality; it kept the woman’s desires in check and made her sexually modest. Due to the narrowing of the vaginal orifice through infibulation, women would experience excruciating pain during sexual intercourse and thus, it becomes an effective measure to hinder premarital sex among women and ensure their fidelity. In fact, in places like Darfur, sudden desertification of arable lands made infibulation one of the population control measures.

Boyle suggests the Egyptian practice of FGC and slavery can be correlated for providing an explanation of its origin. Before the advent of Islam, Egyptian rulers expanded their kingdom towards the southern region in search for slaves. As a result, Sudanic slaves were taken to Egypt and the areas nearby. Incidentally, slavery became commonplace with its aim to deliver servants and concubines to the Arabic world. As a result, women with stitched vaginas were in high demand due to the lessening possibilities that they would become impregnated.

But after the arrival of Islam in the region, a strict prohibition towards enslaving other Muslims allowed the practice to get extended to other parts of Africa when the slave traders introduced infibulation among the non-Muslims to raise women’s value as slaves. This not only explains the introduction of FGC among North-African communities, but also explicates the coincidence of its spread in Africa simultaneous to the rise of Islam. In some cases, the practice has also sought its validation through Islamic scriptures. Doraine Lambelet Coleman says that one of the hadiths in Islam is thought to permit a limited form of cutting, though the hadith is also contested for being deficient of its genealogical authenticity. Despite the Prophet being explicit about sunna (tradition) on male genitals, FGC’s existence within Islam remains debatable. The practice was believed to be introduced in the South East Asian countries at around approximately 13th century, supposedly due to the reasons of Islamic conversion process after the change in regime. The predominant Shafi school of Sunni Islam in Indonesia and Malaysia justifies FGC as an Islamic practice and is culturally influenced by the Eastern part of the Arabian peninsula, the region where presently Yemen and Oman are situated. The justification for the practice in these countries come as they prescribe ‘nicking’ of the outer clitoral skin without really injuring the female genitals. In fact, this explains the burgeoning medicalisation of the practice in these two countries. In Singapore, the practice prevails due to the regional influence of Shafi Islam on the one hand and a few practicing ethnic Malay population on the other. The practice is rife among the Kuria, Kikiyu, Masai and Pokot people in Kenya, Zaramos in Tanzania, Dogon and Bambara people in Mali to name a few. Scholars have also indicated the income-generating facet of the practice in the face of unavailability of alternative livelihoods for the individual circumcisers.

Though immigration due to slave exportation and other reasons is considered to be one of the predominant forces behind the spread of FGC in the West, L. Amede Obiora claims it was also reportedly performed on western women, especially in the United States, even in the 1950s as a cure to ‘unnatural female sexual behaviour’ that ranges from homosexuality, female masturbation to depression. References to ‘genital altercations’ in the Western countries are also not unfamiliar. In fact, Obiora also mentions that there are accounts of an English gynaecologist Isaac Baker Brown expressing his clear endorsement of such altercations in the early 1800s.

To talk about India, the practice is prevalent among the Bohra community who came to the Western part of India from the North-African region as a trading community. The defenders of the practice in the community justify this as a stand-alone practice of khatna which, unlike other grave forms of it, only comes to denote removal of a pinch of clitoral skin bereft of its harmful effects. In this regard, often local circumcisers are being replaced by the medical professionals to highlight the hygienic conditions of its performance and gain greater legitimacy in its favour.

On a whole, the practice has transformed and evolved dynamically since its origin. FGC through the course of its evolution came up with multiple facets and spread across cultures and geographic regions with various manifestations, meanings and narratives being attached to it. Tracing its origins, thus, not only helps in understanding its nuances but also minimises the tendency towards its homogenisation.

More about Debangana: 

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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 This email address is being protected from spambots. You need JavaScript enabled to view it..

 

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.

 

 

 

To All of You Extraordinary Women Who Survived Female Genital Mutilation, You Are Strong

By: Nada Qamber
Country: Kingdom of Bahrain

The day I heard about Female Genital Mutilation (FGM), my jaw dropped. A friend of mine who has grown to become one my closest friends was a victim of this practice. When she told me, my heart broke. I never thought that any culture could do that to their little girls and think that it’s okay. Harming a woman’s gift from the universe is a practice that must be changed across the world. It’s an awful experience to go through at such a young age. Today, I’m not going to bash the cultures that practice this, but praise its strong survivors.

I don’t know much about the communities that practice this requirement, nor do I purely understand their reasons behind it, but I know enough to support the idea that young girls should grow up without experiencing pain like this. Children shouldn’t have to block a horrific memory from their minds and get flashbacks of it later in their lives.

So, I praise you, my fellow women. You have gotten your stems cut off while you were just a flower bud and were left to grow up with a scar that didn’t make sense for so many years. You are still growing.

I praise you, my fellow females. You have gone through a dreadful experience that your mothers forced upon you, and cried until your lungs were sore. You have a voice.

I praise you, my fellow ladies. You fought your mothers, your grandmothers, your aunts, and the person who did this to you. You have courage.

I praise you, my fellow badass warriors. You know that you cannot change what happened to you but you are fighting to change the lives of young girls after you. You are fierce.

Finally, I praise you, fellow beauties, for your growth, your voice, your courage, and your strength to fight to change the minds of the force-makers, the religious leaders, the head of the household, and most of all, fight for the lives of young girls. You have power.

Coming in as an outsider who was fortunate to be spared from this practice, my heart goes out to all of you who went through this experience, and I pray that all of us together are strong enough to make a change and let future girls live a fruitful childhood.

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