Dr. Nagarwala Case Summary

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1. Summary of the main problem and its setting In April 2017, Dr. Jumana Nagarwala from Michigan is accused of performing female genital mutation (FGM) on two young girls from Minnesota in February. Dr. Nagarwala and girls are known to be members of the Dawoodi Bohara Shiite Muslim sect (National Post). Later, it will be found that FGM was actually performed on at least 6 girls that were around 7 years old (CBC News). It seems like the procedure was done after working hours in a clinic owned by other sect members, Dr. Fakhruddin and his wife Frida Attar. The couple was charged with conspiracy (National Post). Actually, a total of six individuals, including parents, are facing 15 years of prison under Michigan’s law (Toronto Star). Nagarwala’s …show more content…

Nagarwala’s case is American, it can be assumed that it would have generated a similar response from the Canadian court and population, since the two multicultural societies share similar worldviews and values. Cultures in which FGM is commonly practiced and socially accepted consider it as a right to access womanhood and a part of their identity. The practice is often viewed and practiced as a religious act, even though none of the religious books make reference to the act itself (United Nations 8-11). In this case, Shannon Smith, the attorney representing Dr. Nagarwala’s, claims that the doctor simply performed a religious ritual, without casing harm. Nagarwala’s cultural beliefs and traditions bring her into believing that her acts were ethical; a view shared by the girls’ parents and some members of the Bohara sect. However, some Bohara mosques have sent letters discouraging parents performing FGM, because of its illegal nature. Critics of the practice, mainly Western societies, claim that the procedure violates human rights, causing problems during labour and depriving women from sexual pleasures (United Nations 8-11). Moreover, beliefs are that women willingly have FGM done because of social pressure. The procedure is commonly perceived as a way for men to maintain their control and power over women. The American law convicts a FGM felony with 10 years of prison while the State of Michigan’s can condemn actors to 15 years of prison (Toronto Star). However, The Canadian Criminal code prohibits all forms of FGM that doesn’t involve any medical reason since 1997 (Ontario Human Rights Commission). Accused individuals can face up to 14 years of prison. Parents who perform it on their own children are subject to face even greater consequences (Ontario Human Rights Commission). However, the Canadian federal institutions “must carry on their activities in a manner that is sensitive and responsive to the multicultural reality of Canada” (Canadian

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