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Before sharing your khatna story, consider your country's own legislation against FGC

Recently, a Sahiyo Volunteer asked us a very important question regarding sharing your khatna story and potential legal ramifications against a family. We always find it tremendously encouraging and inspiring for all those who do share their khatna story with us, but at Sahiyo we want those who share their stories to be made aware of any potential legal ramifications for sharing your story publicly.

This information is in no way given to discourage you from sharing your story, and you should alway consult with a lawyer to gain more specific legal advice on this issue. However, at Sahiyo, our organization does seek to be transparent and honest with all those who connect with us.

Could identifying as a Bohri who has been cut thru social media or media potentially lead to legal ramifications for family or friends who live in a country where FGC has been outlawed, and that country suddenly decides to crack down on it?

ALL COUNTRIES:

For more information on Female Genital Mutilation/Cutting Resources listed by Country where it is known to be an indigenous practice or by populations of refugees/immigrants  – See more at http://www.refugeelegalaidinformation.org/female-genital-mutilation-grounds-seeking-asylum#countrylist

CANADA:

For more information, please refer to Dilshad Tavawalla’s blog post on Female Genital Mutilation or Khafd/Khafz or Khatna and Canadian Laws.

You can also visit Ontario Human Rights Commission – FGM in Canada

UNITED STATES:

This is not a simple question. It will depend on

1) If a person was cut in 1995, then it was not a crime in the U.S. or any state because the federal law against FGM/C was passed and went into effect in 1996.

2) If the person was cut in 1997, but outside the U.S., the federal law was in effect, but only for FGM/C committed in the United States. Very few states had laws that early on to bring an FGM/C case.

3) If the person was transported from  U.S. soil for the purposes of being cut and was cut abroad on or after November 2013, then the vacation cutting provision applies.

4) There is also the issue of statute of limitations. How long after the cutting can a criminal or civil case be brought under federal or state law? Is the Statute of Limitation “tolled” (put on hold or frozen) until the 18th birthday and then starts running? If yes, how long after the 18th birthday does the person or prosecutors have?

5) The federal law applies to both children and adults within its jurisdiction. The person who underwent FGM/C or someone legally allowed to act on their behalf would have to bring the charge or bring it to the attention of authorities who would bring the charge. That legal person could be a parent, guardian or court-appointed advocate.

If you are concerned, ask the participants when and where the cutting took place to see if it was illegal in the United States. That’s a start. For more information, please refer to Equality Now’s Fact Sheet – Female Genital Mutilation in the United States.

Disclaimer: No Legal Advice Intended.

This blog includes general information and may reference topics on legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice or legal opinion on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.

 

Empowering Muslim Women through Storytelling: A Roundtable Discussion

Sponsored by the Permanent Mission of the United States of America to the United Nations Permanent Observer Mission of the Organization of Islamic Cooperation to the United Nations

A CSW Side Event: Empowering Muslim Women through Storytelling: A Roundtable Discussion
 
Contact: This email address is being protected from spambots. You need JavaScript enabled to view it.

Speakers include:

    • Women in Islam, Inc. founder, Aisha al Adawiyah
    • StoryCorps producer, Cailey Cron
    • Muslim Women’s Story Lab participant, Tamara Issak
    • Hijabi Monologues founder, Sahar Ullah
    • Breakthrough’s the G word, Ishita Srivastava
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Mariya Taher

Description: With the rise of Islamophobia in mainstream media, the need to produce alternative narratives that amplify the voices of Muslim women telling their own stories has never been greater. In the last few years, storytelling collectives like the Muslim Women’s Story Lab and Hijabi Monologues have created platforms for Muslim women to reclaim their own narratives, whether discussing issues of women’s leadership and mosque access to rising anti-Muslim sentiment and questions around race and solidarity with broader social justice movements. Mainstream storytelling initiatives, such as StoryCorps, have sought to engage diverse communities, including Muslim women, through community-based outreach. Others, like Breakthrough’s the G word or Sahiyo’s new FGM/C storytelling initiative that aim to spark discussion on gender identity and gender-based violence through interactive digital platforms. Through this roundtable, we hope to bring together a diverse set of speakers, all involved in storytelling as a vehicle for social change, to focus specifically on how their platforms can be used to amplify the voices of Muslim women worldwide. We hope that you can join the Permanent Missions of the United States and the OIC at this roundtable discussion.

For your registration to be accurately reflected, please email This email address is being protected from spambots. You need JavaScript enabled to view it. with the subject line: “Muslim Storytelling”. Please note if you are not already in possession of a UN Grounds Pass or registered to attend CSW with a Temporary Grounds Pass you must register by March 16, 2016.

For more information, visit http://www2.unwomen.org/en/csw/csw60-2016/side-events/calendar-of-side-events#21March

For more information on CSW Side events, visit http://www2.unwomen.org/en/csw/csw60-2016/side-events/calendar-of-side-events 

 

Notices by Sydney, Melbourne and London’s Anjuman-e-Burhani Trusts on ‘Khafd’ (Khatna) or Female Genital Cutting

On 8th February, 2016, the Anjuman-e-Burhani Trust of Sydney held a meeting and on 9th

February, a notice was released to all members of the Dawoodi Bohra community in their jurisdiction to honour the laws of the land in which they reside and, accordingly, instructed them to refrain from carrying out the practice of ‘khafd’ or ‘khatna’ (also known as female genital cutting) on their daughters.

In their statement, the Sydney jamaat quoted the Prophet Mohammed Rasulullah (SAW) to ask the community members to respect the laws of their respective countries, like they would their religion, in the lines below:

“Hubbul watan minal imaan”, which means “love of the land of abode is part of faith.”

The Sydney jamaat also informed the community that ‘khafd’ or ‘khatna’ is classified as Female Genital Mutilation (FGM) under section 45 of the Crimes Act of NSW and that the practice would ‘…be interpreted to fall within the specific laws in relation to FGM in other states or territories of the Commonwealth of Australia.’ Clearly stating that ‘khafd’ is illegal, irrespective of the place where where it is carried out, Australia or overseas, community members are advised in the strictest terms to not engage in this illegal act. (Letter can be accessed on the Sydney jamaat website: http://www.sydneyjamaat.com/site/login)

This was followed by another notice on 10th February by Melbourne’s Anjuman-e-Burhani Trust, which was along the same lines as Sydney.

 

melbourne-resolution-pic.pngLetter to Melbourne jamaat by the Anjuman-e-Saifee (Melbourne)
 
 

On 13th February, the London Anjuman-e-Burhani Trust held an ‘extraordinary’ meeting, whereby they passed a resolution instructing all community members to follow in the footsteps of their Australian brothers and sisters and abstain from the act of ‘khafd’. In line with Australia, they quoted the 53rd Dai al-Mutlaq, HH Dr Syedna Muffadal Saifuddin (TUS), who used the Prophet’s words to drive the message home, and emphasized on the seriousness of the crime of performing FGM on a minor which has resulted in the conviction of three (3) members of Dawoodi Bohra community in Australia by the Supreme Court of New South Wales.

In their statement to community members, they have highlighted the new guidelines on Safeguarding Children from female genital mutilation (October 2015) and said in no uncertain terms that ‘khafd’ is against England, Wales and Northern Ireland’s Prohibition of Female Genital Mutilation Act of 2003 and Scotland’s Prohibition of Female Genital Mutilation Act of 2005. **Also, on the website of the Home Office and the Department of Education, UK government, there are guidelines on Mandatory reporting of female genital mutilation: procedural information (October 2015), which, unfortunately, has not been mentioned in the statement released by London’s Anjuman-e-Burhani.

A welcome step and wise decision, indeed, by our community leaders from Sydney, Melbourne and London. However, it is surprising to note, like Dilshad Tavawalla did in her blog on 17th February  that “All men in the forum were present to reflect, interact and deliberate about the very personal, private, delicate, sensitive, traumatic and grave issue of “Khafz” (Khafd) or Female Genital Mutilation (FGM) impacting the lives, physical and psychological integrity, and general well-being of thousands of Dawoodi Bohra girl children and women.” And, she asks a most pertinent question that is on all our minds:

“Why no women?”

In addition, all these statements come as a shock due to the contradictory nature of the fact that the practice of ‘khafd’ finds mention in the Dawoodi Bohra community 3-volume  publication called ‘Sahifa’ (picture attached of the Ninth Print edition: August 2013) that is published by the Aljamea-Tus-Saifiyah – Academy of the 52nd Dai al-Mutlaq, HH Dr Syedna Mohammed Burhanuddin.  In the book, as pointed out by Ms Tavawalla in her blog on 16th February, “the passage enjoins the performance of ‘khafd’ or Female Genital Mutilation on Dawoodi Bohra girls at the age of seven (7) years and the recommended extent and manner for performing it.”

 

sahifaSahifa – Published by ALJAMEA-TUS-SAIFIYAH Academy of 52nd al-DAI-AL-MUTLAQ. These are editions in 9th Print: August 2013 (Eid ul Fitr – 1434H). Three (3) volumes.

 
 

It is clear that despite these statements counseling against the practice, not all Dawoodi Bohras subscribe to the decision made by the jamaats of Sydney, Melbourne and London. I will direct you to the 17th February blog of a Dawoodi Bohra woman named  Rashida Mustafa, who passionately advocates for the practice in the name of tradition.  It is truly disturbing to read someone argue in favour of a violent ritual that can leave little girls with terrible and indelible, lifelong scars. Even so, it is obvious from the sacntimonious tenor of Rashida Mustafa’s  blog that the letters from any of three jamaats – Sydney, Melbourne and London never reached her attention.  As Dilshad Tavawalla says in her blog, Rashida Mustafa must “[…] be afraid – very afraid, […]”. The laws in UK, USA and Canada considers anyone who aids, abets or counsels the carrying out of FGM to be a party to the offence, and hence punishable under those respective countries’ laws (even in countries where the practice is legal, according to the FGM Act, 2003, in the UK).

And, last but not least, there remains the big question of eliminating this practice in India – home to the vast majority of Dawoodi Bohras – and where there is no law per se against ‘khafd’.**

What can we expect from our learned brethren at the Anjuman-e-Shiate Ali, which administers and conducts all affairs of the Dawoodi Bohra community in Mumbai? Can we hope that a notice in line with the praiseworthy and proactive statements against ‘khafd,’ like those released by the Sydney, Melbourne and London jamaats (all based in countries where there are strong laws banning FGM/C), will follow suit?

NB: In a recent article by Anahita Mukherji from the Times of India published on 25th February one can read about the existing laws that can be used against ‘khatna’ in India. Noted lawyers Dilshad Tavawalla and Flavia Agnes were quoted in the article and they pointed out specific sections in the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) that can be used for the purpose of taking a case to court.


 

Give us your feedback on the Sydney, Melbourne and London jamaat notices on ‘khafd’ by writing to us at This email address is being protected from spambots. You need JavaScript enabled to view it. or tell us what you think of Rashida Mustafa’s blog! We would like to hear your views on any of these topics, especially if you feel strongly about the resolutions released by the London, Sydney or Melbourne jamaats, and would like a similar statement to be put out to the Dawoodi Bohra community in India and elsewhere.

 

Last Day of Each One Reach One

Last Day of Each One Reach One

Each One Reach One, a unique campaign by Sahiyo (in collaboration with Speak Out on FGM), started a month back on NO FGC/M day, has almost come to an end. Today, on the International Women’s day, Sahiyo concludes the last day of the EORO campaign.

The road to change is a long one but we are glad to have made a start by initiating a conversation and breaking silence on Khatna. And for this we have you to thank, for engaging with the campaign and sharing your stories and narratives with us!

Sahiyo is overwhelmed by the response the campaign has garnered and we hope to hear more from you. Please do continue to reach out to as many people as possible and sharing your stories with us.

For reaching out to us, please email on This email address is being protected from spambots. You need JavaScript enabled to view it.. We are looking forward to hearing about your Each One Reach One experience and more!

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Join us at Azad Maidan on March 8 to assert women's equality within religion

8th MARCH – INTERNATIONAL WOMEN’S DAY

Women Of All Religions Unite To Fight Patriarchy Within

Women Demand Equal Rights To Access Of Places Of Worship

Date: 8th March 2016

Venue: Azad Maidan, near CST, Mumbai

Time: 2.00 pm sharp

Organisers: Bharatiya Muslim Mahila Andolan, Bhumata Brigade, Sahiyo, Vaghini Sanghatana, Satyashodhak, Roots of Peace, Muslims for Secular Democracy, Gandhi-Ambedkar Vichar Manch & Bharat Bachao Andolan

Religion has been for a long time considered to be the domain of a select few males. Men alone are claimed to have always been the recipients of divine messages, men have been transmitters of the same and men have always kept to themselves the right to read, interpret and apply religious doctrines to the masses. Thus religion has become a tool in the hands of men to suppress women. And this has been going for a very long time. Women on their part have for centuries accepted the hegemony of men over religion thanks to patriarchal socialisation. Men were the givers of religious knowledge and women were the receivers. And if told that they are inferior, that they are impure, women believed in it because it had the force of religion and hence by default the force of God.

With rising consciousness, awareness and an innate confidence in themselves and a strong belief in their own equality before God, women have been raising questions which now are making the men uncomfortable, especially the clergy who have hegemonised religion. It is not surprising that Hindu and Muslim women and women from other minority communities have started raising questions about discrimination within their respective religions. While Hindu women have questioned the restriction on women’s entry into Sabarimala, Shani and Trambakeshwar temples, Muslim women have questioned the decision of the trustees of the Haji Ali Dargah who have stopped women from entering the sanctum sanctorum. Within the Muslim community, Bohra women have begun a campaign to ban the practice of female genital cutting.

Bharatiya Muslim Mahila Andolan has filed a PIL in the Bombay High Court to allow women to enter the sanctum of the Haji Ali Dargah. Bhumata Brigade has made valiant attempts to enter the Shani Shingnapur and Trambakeshwar temples while Sahiyo has been running a campaign to demand a ban on the practice of female genital cutting.

It is important to now celebrate the coming together of women from different religious diversities and to raise a common voice to demand equal rights within religion from the state. Please do join us in large numbers!

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