A federal judge claimed that the United States government erred in outlawing female genital mutilation, claiming that Congress “overstepped its bounds,” in a decision on Nov. 20 that dismissed charges against eight Muslims—including two doctors—who mutilated the genitals of nine girls at a suburban Detroit clinic.
The procedure “has no health benefits” and “is recognized internationally as a violation of the human rights of girls and women,” the agency said.
U.S. District Judge Bernard Friedman claimed in his ruling that “as despicable as this practice may be,” Congress didn’t have the authority to pass a law 22 years ago that outlawed the mutilation and that each state would have to do that on its own.
Girls Screamed, Cried
In his ruling, Friedman dismissed mutilation and conspiracy charges against Dr. Jumana Nagarwala, who performed the surgery, and Dr. Fakhruddin Attar, who allowed his clinic in Livonia, Michigan, to be used for the procedure.The same charges were dismissed against Attar’s wife, Farida, and Tahera Shafiq, who assisted in the procedure, as well as four women who took their daughters to the clinic.
The defendants are Muslims who are part of a sect called Dawoodi Bohra.
“I did think he would rule in our favor,” defense attorney Shannon Smith, who filed a motion on behalf of Nagarwala to have the charges dismissed, said of Friedman. “When I first started researching, I was not sure how strong [the motion] would be, but I became more confident this would be the right result.”
Headed to Supreme Court
A spokeswoman said Tuesday that the U.S. attorney’s office was reviewing Friedman’s opinion.FGM survivor and social activist Mariya Taher, who is working to end the brutal practice worldwide, said that the ruling would harm young girls who face being mutilated.
“Oh my God, this is crazy,” Taher told the Free Press. “Unfortunately, this is going to embolden those who believe that this must be continued ... they’ll feel that this is permission, that it’s OK to do this.”
“In this day and age, for FGM to still occur—and a federal government can’t regulate this with a human rights violation—is very bizarre. This is not what I expected. It’s so not what I expected,” added Yasmeen Hassan, executive global director for Equality Now, an international women’s rights organization. “I don’t think it’s possible for the federal government not to appeal this case. My feeling is that it will go all the way to the Supreme Court.”