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On The Supreme Court Hearings and The Pro-Khatna FAQs Circulated by Bohras

By Shabana Feroze
Country: 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, 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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