By Fatema Kakal
(This is Part II in a series about female genital cutting within the Bohra community. Read Part I here.)
While religion and religious leaders, along with culture and tradition can be drivers of female genital mutilation/cutting (FGM/C), law can play an additional critical role in disincentivizing khatna. The arrests in the U.S. and Australia due to the medicalisation of FGM/C, led to the reiteration of laws in countries that prohibited FGM/C. Laws in many countries around the world critique FGM/C as a human rights violation and child abuse. While some consider these laws to be racist, this leads to a feeling of marginalization and alienation due to the attack on traditional and cultural value systems. People became more conscious of the laws, and began reconsidering khatna, because of the risks involved. These laws helped initiate dialogue and discourse.
The Bohras are a fairly progressive and modern community, where traditions are not separate from their modernity, but play a crucial role in consolidating their Bohra identity. Continuing khatna defies Western notions of modernity and embraces tradition. Instead of abandoning tradition, the Bohras are renegotiating the traditional practice and embrace modernity through medicalising khatna. Medicalisation is a tool to modernize and legitimize khatna, but also serves as a technique for social control. By supporting medicalisation, validated by modernity, and establishing khatna as a safe and religious practice, the clergy is reinventing and perpetuating khatna as a traditional practice, responding to external pressures that threatened to marginalize or alienate the Bohras. The clergy is thus reiterating and reinforcing Bohra identity as being one of modernity and tradition.
Thus, khatna was no longer taboo, and a growing discourse has led to people taking increasingly different positions, and making more conscious decisions about continuing the practice. While mothers and women of the family used to be primary decision-makers of continuing khatna for the daughters of the family, fathers are increasingly involved in making the decision. It is no longer an extremely hidden practice, and parents do research before making the decision whether or not to cut their daughters. While some people follow mandates by religious leaders, others find it important to follow the law. People are conscious of the potential harm. For the devout, tradition must be followed, but by ensuring that harm is minimized. They choose to visit medical professions for khatna. For others, the risks of khatna outweigh its religious importance, and they have decided to abandon the practice. For others, consent is crucial, and believe khatna requires a girl’s consent. Since children are incapable of giving informed consent, people believe their daughters can choose to undergo the procedure as an adult, thereby making an informed decision.
Thus, the religious clergy’s pastoral power plays an important role in influencing people’s decision to continue khatna. Medicalisation of FGM/C can help negotiate embracing tradition and modernity. However, law also plays an important role in helping end the practice. The growing discourse around the practice has led to people making informed, conscious decisions about following khatna. FGM/C is conceptualized as a health and human rights issue, and a children’s rights issue, which is universal.
Thus, efforts against FGM/C should be focused on balancing universalization of children’s rights, human rights, and multiculturalism. Additionally, law plays a crucial role, because legislation can provide a universal stance against the practice, which can be used as a strong justification against it. Thus, community-wide change is required for individual families to abandon FGM/C, through education and activism from within the community, backed by law.