by Maryah Haidery

 Recently on Facebook, I noted that real social change usually happens when people are good enough to care about doing the right thing, thoughtful enough to figure out the best ways to do it, and brave enough to actually go through with it. On December 4^th, in Washington DC, I was fortunate enough to meet a roomful of such people. I was there representing Sahiyo at an event called ‘Using Data and Community Engagement to Better Focus FGM Prevention Interventions’ sponsored by the US End FGM/C Network and The George Washington University Milken Institute School of Public Health. 

Maryah Haidery talking at the Washington DC screening. 

The event included an exceptional presentation by Sean Callaghan from the organization, 28 Too Many on how government agencies and NGOs can use data to track populations where FGM/C may be most prevalent and how best to engage with these populations. It also included a screening of Sahiyo Stories, a series of digital stories by nine different women, including myself, detailing our personal experiences with FGM/C and/or advocacy. I had volunteered to introduce Sahiyo Stories in place of Mariya Taher who was unable to attend the event. Despite some technical difficulties, I tried to summarize Mariya’s history with StoryCenter and the collaboration which culminated in Sahiyo Stories and the short behind-the-scenes video showing how we made the videos and what we hoped to gain from them.

Since this would be my first time seeing the videos with a large audience, I was a little nervous. But when Mariya’s voice came on, the room grew absolutely silent and by the end, quite a few people seemed visibly moved. During the Q&A period following the screening, I was struck by the number of people who wanted to know how they could find out more about FGM/C and what they could do to help even though this was not a problem that affected their communities. Afterward, several people from other organizations working to end FGM/C approached me with interesting suggestions on using Sahiyo Stories in conjunction with their apps and projects in order to make a greater impact on government officials or healthcare workers or educators. As I looked around the room at all these people who cared so passionately about ending this practice – people who were good and thoughtful and brave, it made me more confident than ever before that real social change was a real possibility.

 To learn more about Sahiyo Stories, read:

• Seeing Sahiyo Stories on Female Genital Cutting Come to Life.

• The inner-workings of Sahiyo Stories

• The Making of Sahiyo Stories

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.

The Muslim American Leadership Alliance (MALA), a civic and community organization committed to promoting individual freedom and diversity, and to celebrating Muslim American heritage, honored Sahiyo Co-founder, Mariya Taher with the first annual MALA Human Rights Storytellers Award. This award recognizes Mariya and Sahiyo’s outstanding contribution to defending human rights through storytelling, in particular, working to protect women’s bodies from cutting – and bringing together women who have been cut on a journey of healing and empowerment. The award was given in recognition of the U.S. Sahiyo Stories project and the Human Rights Storytellers Award was presented to Mariya at MALA’s Third Annual Gala at the Chicago History Museum on November 6, 2018.

Read more at MALA’s Third Annual Gala Honors Leaders, Storytellers. 

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 research on the individual experience of khatna and its effects. Read her other articles in this series: Khatna Research in Mumbai.

Female Genital Cutting or khatna or khafz, as it is also called in the Bohra community, involves cutting or removal of the external female genitalia. Khatna has no known health benefits, but does have well-documented complications, which range from severe pain, excessive bleeding, and scar tissue to frequent infections.

The movement against khatna in India perhaps began in the early 1990s with Rehana Ghadially's paper, “All for Izzat”, which attempted to identify the key reasons for why khatna was performed in India. However, the movement only gained momentum in 2011, when the first online petition was filed against it anonymously. The online campaign triggered a barrage of women coming forward with their own stories of trauma caused by khatna. It further fueled both online petitions as well as an onground movement.

Within the Indian context of the Dawoodi Bohra community, the majority of the cases of khatna constitute Type 1, also referred to as clitoridectomy, which involves either partial or full removal of the clitoris, or the fold of skin known as the prepuce, covering it. Interestingly, there are many men and women who support khatna. From a psychological viewpoint, it may be rooted in the cognitive dissonance theory. Men and women of the Dawoodi Bohra community have been indoctrinated to believe that khatna is an essential religious obligation, and the will of God is not to be questioned. The online campaigns provide women in the Bohra community an alternative narrative, which may be in direct conflict with their existing beliefs. This conflict has created a lot of anxiety and conversations which have led to the movement gathering momentum, eventually catching the attention of the Indian government.

The uphill legal battle saw the government oscillating between supporting and opposing the movement. In May of 2017, the Ministry of Women and Child Development declared full support for survivors, deeming the practice a criminal offence with prosecution possible under the guidelines of POCSO (2012). The ministry requested the community to voluntarily take action to stop it. If it failed, the government would seek to implement a law to end it. In December of 2017, the ministry withdrew from its position, citing lack of empirical evidence despite proof from Sahiyo’s landmark study, which revealed that 80% of Bohra women globally have undergone khatna. Although the rejection from the government was disheartening, the momentum of the movement has not faltered. Organizations such as Sahiyo and WeSpeakOut continue to provide crucial support for survivors to rally in solidarity.  

Several countries in Africa, as well as the United States and Australia, have made consistent and successful attempts to end female genital cutting. To understand how this has been possible, we must examine how the socio-economic structure of these countries has played an integral role in their success. Several of these countries may have high literacy rates, greater awareness of their rights and a more conducive environment for survivors to speak out.

The Bohra community aspect is crucial to understanding the Indian government’s hesitancy to pass a law. Although India is a signatory to several of the United Nations and World Health Organization conventions which view khatna as a human rights violation, it comes under the purview of existing Indian legislation, such as article 319 and 320 of the IPC and POCSO. No separate law has been passed against FGC until now. Things looked hopeful when the PIL filed against FGM/C was to be heard by the five-judge bench in the India Supreme Court. The decision initially seemed to swing in favor of banning the practice, as the judges referred to it as a violation of the rights of the girl child. The judges questioned how the violation of the “bodily integrity” of the child could be an essential practice of a religion, asserting that right to religious freedom does not negate other fundamental rights of the individual. Despite overwhelming support, the judges later backtracked, deferring to a constitutional bench to decide on the matters of religious rights and freedom. It was the most crushing setback for the movement.  

Initially, I wondered what the hesitancy was in declaring khatna as a human rights violation. Later, I realized that the hesitancy was due to the political context and not the practice itself. Family and religion are the founding threads of our Indian community, and khatna is so intricately woven within these threads. Family and religion are our sources of identity, and since India is a collectivist society our ideas, beliefs in practices such as khatna are rooted in a collective experience, rather than an individual’s. Thus, attempting to end khatna risks unraveling the whole moral power structure of the country. Initially, it will begin with the Bohra community, but it may create a ripple effect across the country within other communities and religions. The moral thread of India is religion, and religion dictates our gender roles. If khatna is being questioned, we are unraveling this power structure by questioning the clergy’s teachings, and instead seeking the truth for ourselves by reading the religious scriptures whose access has unduly only been given to men for so long. Perhaps, with this newfound knowledge, our perception of the world will shift, leading to a destabilization of the existing structure and establishment of a new order with women in power. Change is just around the corner.

Although the law is the first concrete step toward ending khatna, it is also a double-edged sword with unintended consequences. The law has the potential to push the practice further underground. The more discreetly cutting is done, the more difficult it would become to track it. Furthermore, the law would bring into question the perpetrators of the crime. Is it parents, midwives, community as a whole, or religious leaders? What would be the quantum of punishment? Would the 7-year-old child be responsible for registering the complaint? Who would protect the child from further psychological harm?  

Despite it all, I too believe law is essential in our work toward abandonment of khatna, since it may create awareness and generate conversation. But a law in itself will not stop khatna. Khatna will only end when we realize we are hurting our daughters. Once we realize that no religion, no God and no love is founded on pain, that is when the struggle against khatna will finally end.

By Brionna Wiggins

Upon hearing about female genital cutting and what it entails, it seems that one of the first facts you hear about it has to do with its prevalence in Africa and the Middle East. While it is true that these continents have a high prevalence (which has been decreasing according to a recent study by BMJ Global Health), it may contribute to the misconception that these are the only places in the world where females undergo FGC. Unfortunately, this is not the case. This practice reaches Asia, Europe, North America, South America, and Australia. Its presence on multiple continents leads FGC to be an international issue that needs to end with the support of all the nations involved.

As part of my senior project, I have been bestowed the opportunity to do volunteer work with Sahiyo. They work specifically with the Dawoodi Bohra community, whose members mainly reside in India, Pakistan, Yemen and East Africa. FGC is also prevalent in countries such as Malaysia and Indonesia. There have even been reports in Colombia, South America. This puts FGC on every continent in the world!

As previously mentioned, FGC occurs among diaspora communities. When families from countries that practice FGC move into new areas, they inevitably bring along the instilled need to continue the social norm. This leads to FGC being present in ‘receiving countries’, which can include places bordering practicing countries. Despite the handful of receiving countries that ban and criminalize FGC, the practice is still inflicted on girls in an effort to maintain their cultural identity. However, diaspora community members may send their daughters to their home country for ‘vacation cutting’. FGC is not a practice that is restricted by borders. Decades ago, FGC was practiced in some of the same countries that worked to prevent it.  

In Victorian Era England, FGC ushered its way into the medical field as a cure for nervous diseases, masturbation, and any other infliction that doctors/surgeons related to the female organs. Gynecological surgeon Isaac Baker Brown popularized the idea of using clitoridectomy, or removal of the clitoris, as a solution for ailments in medical circles. After some time, Isaac Brown and those who followed this method were eventually condemned. Yet, it was not so readily removed from American medical textbooks. Doctors in the U.S. also continued with this treatment to cure female ailments and the last documentation of this practice dates as far back as 1947. It is the year Renee Bergstrom received a clitoridectomy at the age of three in “white, midwest America” (The Guardian). People with good intentions may harm others irreparably, even the ones who trust them the most.  

While the practitioners may mean well, it still doesn’t excuse the continual physical and psychological harm of women and young girls. These mistakes have been made before, and are still being made by participating societies and people who perpetuate the practice. With FGC being so close to home, the problem cannot be ignored any longer as someone else’s problem. This practice affects women and girls on every continent. It must be dealt with using the full support of every global citizen to end the practice of FGC for the sake of women and men. You can help advocate against it too. Research is crucial in understanding a multifaceted issue such as this to ensure and reaffirm what you’re advocating for. That’s when you can volunteer your time or voice to organizations working to end FGC and keep up to date on the topic. Also, you can inquire about the laws in your state if they regulate or have anything in place pertaining to the practice. If there’s not a law already, then you can advocate for one being created.

 More on Brionna:

Brionna is currently a high school senior in the District of Columbia. She likes drawing, helping others, and being able to contribute to great causes.

Each year, the Global Women P.E.A.C.E. Foundation hosts a 5K Walk Against FGM in Washington, D.C., and activists working to end FGC around the world come to participate. This year, the event was extended to 2-days and commenced with a Global Woman Awards ceremony on Friday, Oct 26th at the Milken Institute of George Washington University.  Two of the award recipients, included Maria Akhter and Severina Sangurikuri, two women who took part in the U.S. Sahiyo Stories project. They each received a Global Woman Awards from the Global Woman Peace Foundation in the categories of Student Ambassador and Survivor Activist respectively.

Here’s what Maria has to say about receiving her award:

I am thrilled, honored and humbled to receive the Global Woman Award in the Student Ambassador category from the Global Woman Peace Foundation. With boundless support from friends, family, and the hardworking activists in Sahiyo and other organizations working to end FGM/C, I’ve been able to turn my quiet interest in activism into a bold passion and lifelong commitment to a cause I hold near and dear to my heart. Receiving this award reinforces and challenges me to continue working in new ways to break the silence around FGM/C and end the practice for future generations.

The 5K Walk, scheduled for October 27th was at the last minute cancelled due to severe winds and rains. Yet, prior to the walk, people still gathered to listen to the guest speakers such as FGC survivor, Lola Oje from Nigeria who shared that she refuses to allow her beautiful daughter to be subjected to FGC. To learn more about the event, visit ‘A Mini United Nations Convenes in Washington, D.C.’