Genital mutilation ban ruled unconstitutional; judge drops charges against sect

20th November 20, 2018

The girls were happy and clapping in pleasure as they were going for Weekend picnic but they were taken to the clinic for the pleasure of the compliance of religion.
Prosecutors say the girls — four from Michigan, two from Minnesota and three from Illinois — underwent female genital mutilation, but defense lawyers say the procedure performed on the girls was benign and not female genital mutilation. They accuse the government of overreaching.



Detroit — Once again the religion became powerful over the law and the humanity. The movement which has moved many countries and made them make laws against the brutal practices became the Spectator.  The practice of Female Genital Mutilation, popularaly known as FGM, has become the talk of the town not for the ban as but to rule out the law against it. Disturbing… but Federal U.S. District Judge Bernard Friedman on Tuesday dismissed female genital mutilation charges against several doctors in the first criminal case of its kind nationwide, ruling the law is unconstitutional.  
That's when Dr. Jumana Nagarwala of Northville was arrested and accused of heading a conspiracy that lasted 12 years, involved seven other people and led to mutilating the genitalia of nine girls as part of a religious procedure practiced by some members of the Dawoodi Bohra, a Muslim sect from India that has a small community in Metro Detroit.

Jumana Nagarwala was arrested along with Dr. Fakhruddin Attar whose clinic was used to do the procedure, his wife Dr. Farida Attar, Mothers of the victims Farida Arif of Oakland County, Haseena Halfal and Zainab Hariyanawala from Minnesota, the helper in the procedure Tahera Shafiq, 49, of Farmington Hills, Fatema Dahodwala of West Bloomfield Township. All of these were under arrest but now they are free and might take further steps to mutilate more girls and abolish the movement against the inhuman customs.    



Nagarwala is still facing a 30-year conspiracy charge and an obstruction count that could send her and the Attars to prison for 20 years. A trial is set for April 2019.
The case is being closely followed by members of the sect and international human-rights groups opposed to female genital mutilation and has raised awareness in the U.S. of a controversial procedure and prompted Michigan to enact new state laws criminalizing female genital mutilation.
In his verdict Judge Friedman wrote in 28 pages judgment,  that “There is nothing commercial or economic about FGM.” Female genital mutilation is not part of a larger market and it has no demonstrated effect on interstate commerce. The Commerce Clause does not permit Congress to regulate a crime of this nature.”
Women’s rights groups decried the judge’s opinion, calling it a setback for women and girls.
“It’s a giant step backward in the protection of women’s and girls’ rights,” said Shelby Quast, the Americas director of equality for the rights organization Equality Now. “Especially when there is a global movement to eliminate this practice.”
The case prompted a new law in Michigan criminalizing female genital mutilation.
In June 2017, Gov. Rick Snyder signed new laws that carried up to 15 years in prison for those convicted of mutilating female genitalia or transporting girls to other states for the procedure.
The judge's opinion angered state Sen. Rick Jones, R-Grand Ledge.
“I’m angry that the federal judge dismissed this horrific case that affected upwards of a hundred girls who were brutally victimized and attacked against their will," Jones said in a statement. “This is why it was so important for Michigan to act. We set a precedent that female genital mutilation will not be tolerated here. ... I hope other states will follow suit.”
Twenty-three states do not have laws criminalizing female genital mutilation, Quast said.



“People of this sect know where there are laws against it and where there are not. So they can take there girls where there are no laws against it,” she said.
Some members of the Dawoodi Bohra community who have spoken against the procedure say the surgery is performed to suppress female sexuality, reduce sexual pleasure and curb promiscuity, according to court records.

The procedure of Female Genital Mutilation is most common in parts of Africa, the Middle East and Asia, along with migrants from those regions, says the World Health Organization.
Prosecutors countered, arguing the crime does involve interstate commerce. Christian Levesque, a trial attorney with the Justice Department's Human Rights and Special Prosecutions section, noted the procedure involves parents using cellphones to arrange the procedure and transport children across state lines who undergo surgeries utilizing medical tools in state-licensed clinics.



Worldwide, an estimated 140 million women and girls have undergone the procedure of Female Genital Mutilation, according to the World Health Organization. More than 3 million girls in Africa undergo the procedure each year.
The procedure has been illegal in the U.S. since 1996, and there are no medical benefits for girls and women, according to the World Health Organization.