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Dr. Jumana Nagarwala was arrested and accused of mutilating the genitals of young girls.
A federal judge said on Tuesday that the US law prohibiting female genital mutilation is unconstitutional and dismissed charges against several Michigan doctors who have completed the procedure for underage girls as part of the religious practice of the Muslim sect.
US judge Bernard Friedman said Congress has no power to pass a law criminalizing female genital mutilation. "As despicable as [FGM] may be… [Congress] exceeded its limits "by banning the procedure, said the judge.
The decision was made after defense lawyers challenged the 22-year-old Female Genital Mutilation Act, which has only been in effect since 2017, when Dr. Jumana Nagarwala was arrested and charged with mutilating organs. genitalia of young girls.
FBI agents leave the office of Dr. Fakhruddin Attar at the Burhani Clinic in Livonia, Michigan, after conducting a document search on April 21, 2017. The investigation was related to the case of Dr. Jumana Nagarwala, accused of Committing genital mutilation on two girls from Minnesota. (Detroit News via AP)
THE DOCTOR PERFORMED FEMALE GENITAL MUTILATION IN THE MICHIGAN CLINIC, TAX OF FEDERAL AUTHORITIES
She allegedly led a conspiracy that lasted more than 12 years and involved seven other people and resulted in the mutilation of about 100 girls, according to prosecutors, in a religious procedure practiced by members of the group. the Muslim Dawoodi Bohra sect.
While the charges of FGM have been dropped, Nagarwala and other conspirators are still facing charges of conspiracy and obstruction, according to the Detroit Free Press.
A spokesman for the US prosecutor's office said officials were reviewing the judge's decision and would consider appealing.
Women's rights groups condemned the move, saying it was a setback for women's rights in the United States.
"It's a giant step backwards in protecting the rights of women and girls," Shelby Quast, director of Equality for the Americas, told the newspaper. "Especially when there is a global movement to eliminate this practice."
"It's a giant step backwards in protecting the rights of women and girls … especially when there is a global movement to eliminate this practice."
She said 23 states were not criminal FGM, noting that "parents know where there are laws against this and where there are none. And they will enjoy it. "
WOMEN'S CASE OF GENITAL MUTILATION INCLUDES A GIRLS 'VIDEO ENTERING A MEDICAL FACILITY
Senator Rick Jones, of the state of Michigan, also criticized the decision.
"I am angry at the federal judge who dismissed this appalling case that affected more than one hundred girls who were brutally victimized and assaulted against their will," the minister said in a statement. "That's why it was so important that Michigan act. We have set a precedent that female genital mutilation will not be tolerated here … I hope that other states will do the same. "
The case in Michigan has prompted state officials to pass a law officially banning female genital mutilation. The law provides for a 15-year prison sentence for assistance or the execution of the procedure, but only applies in future cases. Nagarwala and other members of the sect were indicted under an old federal law passed by Congress.
The federal law was passed in 1996 under the commercial clause of the Constitution. The federal judge said the ban on the procedure under the clause was unconstitutional.
"FGM is not commercial or economic," Friedman wrote. "[FGM] is not part of a larger market and has no demonstrated effect on interstate trade. The Trade Clause does not allow Congress to regulate a crime of this nature. "
Shannon Smith, the lawyer for Nagarwala, told the Free Press that she was "incredibly happy" after the judge's decision, saying "the impact is enormous. He eliminates four accused from the indictment and gravely corrects significant breaches in the government case. "
Associated Press contributed to this report.
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