FEMALE circumcision also known as Female Genital Mutilation (FGM) no doubt, constitutes one of the painful and ugly experiences that many girls pass through not only in the by-gone days but sadly today
It is an obnoxious practice deeply rooted in the culture of various communities for reasons that have no scientific or empirical basis.
The explanation for the perpetration of this needless infliction of the cruel, babaric, crude and excruciating pains on the female child, more often than not and according to the exponents is to prevent the girl child from getting involved in promiscuity as she matures into adulthood .
Others simply hide under the cloak of culture claiming claiming “that’s how we met the practice from our fore-fathers”. This however, has no place in modern society especially one that places premium on respect for the dignity of human person.
Like has been clearly pointed out, the practice has for now no justification. Not only that, it is crude and totally unacceptable in modern society and more importantly in the eye of the law.
Such practice today, is grossly flawed hence prohibited by the law as unjustifiable and indeed, a criminal offence that can lead to terms of imprisonment in addition to fines.
Female Genital Mutilation indeed forms part of the offences which our laws categorised as harmful traditional practices and violence against persons.
Violence against persons prohibition Act (2015) applicable in the Federal capital territory for instance frowns vehemently at this crude and barbaric practice of female Genital mutilation and other forms of harmful traditional practices and violence against persons.
Under the law not only the person who actually carries out the mutilation that becomes the offender but any other person or persons who incite or aid another in the perpetration of the offence is punishable under the law.
Some states of the Federation have their variants of this law with similar punishments for offenders.
The offence attracts a jail term of 2 years or and fine of not more than #500,000 for the perpetrator.
For any person, persons or group of persons who aid or facilitate the commission of any of the offence a jail term of 6 months or and fine for not more than #100,000.00 serves as punishment. See for instance, Sections 15, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015.
Clearly, with this Act and similar laws in some states of the federation, traditional harmful practices particularly female genital mutilation should be a thing of the past and indeed confined to the rubbish heap of history.
It does not add any thing to the wellbeing or future of the girl child. The continued practice on the contrary brazenly violates the girl child’s right Act section 1 which provides that in every decision involving a child the interest and wellbeing of the child should be given paramount consideration.
Above all subjecting the girl child or even a woman for the purpose of genital mutilation constitutes an unmitigated violation of the victim’s right to freedom from torture and right to the dignity of human person guaranteed by the 1999 constitution of the Federal Republic of Nigeria(As amended) African Charter on Human And peoples’ rights and the anti torture Act 2017 respectively.
Section 34 of the Constitution (supra) for instance provides in clear terms that “every individual is entitled to respect for the dignity of his human person and accordingly: (a) no person shall be subjected to torture or to inhuman or degrading treatment”
Similarly, Article 5 of the African Charter on Human And Peoples Rights adumbrates the position thus, “Every individual shall have the right to the respect of the dignity inherent in a human being and the recognition of his legal rights. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited”
It is therefore preposterous, reprehensible and totally un acceptable that despite the clear prohibition and penalties prescribed by our laws and universally applicable and binding legislations, people still indulge in the primitive and criminal practice of genital mutilation.
Well, for the advocates of this dehumanizing and criminal act, the bad news is that the long arm of the law will soon catch up with you and when you are caught it will be too late to repent.
The fact that the victim consents to the act if at all, is not an excuse as consent to commit a crime does not exculpate the offender. In any case how can the victim of o female genital mutilation majority of whom are babies at the time of the act consent to such degrading act with the pains and torture in full disregard for the dignity of the human person?
Community leaders, traditional birth attendants parents, Opinion leaders, Non governmental organizations particularly girl child activists, and all stakeholders should ensure an end to this needles infringment of the right of the girl child.
The practice has in some cases led to complications resulting in chronic health conditions and even mortality. This is the reason while all and sundry should kick against the practice.
Law enforcement agents particularly the police should so read the dragnets to bring to book the perpetrator of the crude act
While the punishments prescribed for offenders no doubt will reduce the crime if effectively applied, it is however suggested that the extant penalties as stipulated in the Act should serve as minimum punishment rather than maximum. This will surely send a more stern warning to those still engaging on the act.
Any one forced to undergo such practice can seek redress by consulting the lawyer for legal advice or report same to the relevant government department especially women affairs ans social development .It can also be reported to the law enforcement agency especially the police
Always remember that it pays tremendously to be law abiding. Avoid being caught on the wrong side of the law .
The society will definitely better and happier without traditional harmful practices particularly female genital mutilation.
