Kenya: Doctor approaches court to legalise female genital mutilation

A female Kenyan doctor has approached the Nairobi High Court to legalize Female Genital Mutilation (FGM) citing the cultural significance of the practice. Tatu Kamau, the Kenyan doctor, argued that women over the age of 18 should have the right to choose what they do to their bodies.

Criminalised the practice in 2011

The Kenyan government criminalised the practice through Prohibition of Female Genital Mutilation Act 2011. FGM is criticised in the country but Kamau thinks that its prohibition infringes the right to exercise one’s cultural belief. Kamau said that women taking their daughters to circumcision don’t throw those children away but they are celebrated as respected members of the society. Kamau also raised objection on using the word “Female Genital Mutilation” and said that the term suggests as if they are intentionally damaging their women. 

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Dr Kamau wants “certified” traditional cutters

Kamau opined that there could be limitations on the ways to do it and that’s why she wants “certified” traditional cutters which could be used to circumcise women. She said that place, timing and process could be controlled but the practice should be left on someone’s choice. "Dr Tatu Kamau is in Court seeking to legalize Female Genital Mutilation. What is her point? Why is she trying to decide for all females?" tweeted a user.

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Types of prohibition

The government has criminalised the possession of tools used for genital mutilation. “A person who is found in possession of a tool or equipment for a purpose connected with the performance of female genital mutilation, commits an offence,” reads the prohibition act. The act has elaborated on every kind of involvement surrounding female genital mutilation. The Prohibition of Female Genital Mutilation Act 2011 has criminalized the use of premises to perform FGM, aiding and abetting it, procuring a person to perform female genital mutilation in another country, failure to report commission of offence, and use of derogatory or abusive language  intended to ridicule, embarrass or otherwise harm a woman for having not undergone female genital mutilation.

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(With Inputs from Agencies)