INTRODUCTION
The Oxford Advanced Learners
Dictionary[1]
defines the verb, ‘Circumcise’ in these words: ‘To remove the foreskin of a boy
or man for religious or medical reasons; to cut off part of the sex organ of a
girl or woman.’ The wikipedia [2] tells us that the word “Circumcision” comes
from the Latin word, (Circum) meaning “around” and (Caedere) meaning “to cut”.
’ It further defines Circumcision as, ‘the removal of some or the entire
foreskin from the penis.’ [3]
Circumcision is as old as human history; a lot of evidence buttresses this
assertion. Circumcision is mentioned in the earliest book of the Holy Bible,
Genesis[4] as
follows;
‘this
is my covenant which ye shall keep, between me and you and
thy
seed after thee; every man Child among you shall be circumcised.
And ye shall circumcise the flesh of your foreskin; and it
shall be a token of the covenant between me and you. And he that is
eight days old shall be circumcised among you, every man child in
your
generations, he that is born in the house or bought with money of
any stranger which is not of thy seed. He that is born in thy house
and he that is bought with thy money, must need be Circumcised: and
my covenant shall be in your flesh for an everlasting covenant. And
the uncircumcised, that soul shall be cut off from his people; he
hath broken my covenant.’
In
Islam, males are also circumcised. Wikipedia [5]
however informs that;
‘the
origin of the requirement of circumcision in Islam is a matter of
religious and scholarly debate. It is mentioned in some parts of the
Hadiths, but not in the Quran. Fiqh scholars have different opinions
about circumcision in Sharia depending on which Hadiths are
accepted. According to some, it is a recommended practice (Sunnah),
according to others, it is obligatory.’
Moreover, there are some who
interpret verses in the Qur’an to imply that the requirement of circumcision is
based on the covenant with Allah.’ As mentioned earlier, Muslims circumcise
their male children; however the timing varies in contradistinction to the
Christian position. The Islamic scholar Al- Munajjid Muhammed Salih[6]
writes: ‘the timing of Muslim circumcision varies. Some Muslim communities
perform circumcision on the eight day of life, as with Jews, others, earlier or
later.’
The Jews Practice Circumcision of males also, their religious book, the
Torah commands it, and reproduces Genesis 17: 10 -14 quoted above as the basis
for doing it. They call it the Britmilah – (Covenant of circumcision). It is so
important that should the eighth day fall on Shabbat (Sabbath), actions that would
normally be forbidden because of the sanctity of the day are permitted in order
to fulfill the requirement to circumcise. The Wikipedia further asserts:
‘Turkish, Balkan, rural Egyptians and central Asian Muslims typically
circumcise Boys Between the ages of six and eleven and the event is viewed
communally as a joyous occasion and is celebrated with sweets and feasting.
This feast is called Sunnet Dugunu and considered a very important celebration
in a man’s life as a passage of a man from childhood in Turkey.[7]
Some Religious groups however do not practice male circumcision. Sikhism
and Hinduism readily come to the mind. It has been opined that; ‘Circumcision
holds no relevance to a Sikh. All rituals which do not hold relevance are
strictly forbidden.’[8]
For Sikhs, ‘acceptance of Nature’s beautiful body is an important component of
the Sikh value system.’[9]
There is no specific reference to male circumcision in the Hindu holy books and
Hindu’s in lndia generally do not practice circumcision.
From the above, it is so clear that
male Circumcision is looked at as a divine command, particularly for the
adherents of the Christian, Islamic & Jewish faith who see it as what God
commands. One wonders what the practice now being performed on females is based
on. A closer look at the Biblical passage quoted above shows that the emphasis
is on the pronoun
‘HE,’ and there is a specific
reference to the words ‘Man child.’ God prescribes it for men and men only. The
arguments below can be canvassed in support of male circumcision.
RELIGIOUS GROUNDS:
Genesis 17; 10 -14 quoted earlier,
provides for male circumcision. Joshua chapter 5, verse 3 reads:[10]
‘And Joshua made him sharp knives and circumcised the Children of Israel at the
hill of the foreskin.’ Of course children mentioned here refers to males,
because if you read verse 4 of the same chapter, it says, ‘ And this is the
cause why Joshua did circumcise: All the
people that came out of Egypt that were males even all the men of war died in
the wilderness by the way after they came out of Egypt.’ Acts chapter 7, verse
8[11]
also reads, ‘and he gave him the covenant of circumcision: and so Abraham begat
Isaac and circumcised him the eight day.’
Despite the foregoing, arguments on
religious basis can be canvassed against male circumcision in general. Let’s
see the arguments. In the New Testament of the Bible, too much emphasis on
outward circumcision was criticized by the Apostle Paul in his letters.[12]
He argued that circumcision should be a thing of the heart. It definitely
cannot be a criterion to see God. The following Biblical passages elucidate the
point. In the Book of Romans 2: 25-29, we are instructed: ‘for circumcision
verily profiteth, if thou keep the law: but if thou be a breaker of the law,
thy circumcision is made uncircumcision. Therefore if the Uncircumcised keep
the righteousness of the law, shall not his uncircumcision be counted for
circumcision? And shall not uncircumcision which is by nature if it fulfill the
law, judge thee, who by the letter and circumcision dost transgress the law?
For he is not a Jew which is one outwardly, neither is that circumcision which
is outward in the flesh: But he is a Jew, which is one inwardly; and
circumcision is that of the heart, in the spirit, and not in the letter, whose
praise, is not of men but of God.’
Similarly, Galatians 5: 6 states; [13]
‘for
in Jesus Christ neither circumcision availeth any thing nor uncircumcision
but faith which worketh by love.’
The foregoing depicts the fact that
physical circumcision cannot be the gateway to any person’s salvation if he
fails to keep Gods Laws. Case for religion may not stand as one cannot explain
how the physical cutting of any part of ones body would lead him or her to
heaven.
MEDICAL GROUNDS:
Fergusson, Lawton and Shannon
remarked that, ‘non circumcised boys and men tend to have higher rates of
various infections and inflammation of the penis and of the foreskin than
circumcised men.’[14]
The Wikipedia elucidates,[15]
‘Circumcision reduces the amount of Smegma produced by the male. Smegma is a
combination of exfoliated epithelial cells, transudated skin Oils, and moisture
that can accumulate under the foreskin of males. It has a characteristic strong
odour and taste and is common to all mammals – male and female. While smegma is
generally not believed to be harmful to health, the strong odour may be
considered to be a nuisance or give the impression of a lack of hygiene.’
Circumcision can lead to severe
medical complications. Circumcision whether of male or female can lead to
death. The Wikipedia asserts informatively: ‘Bleeding and infection are the
most common complications of the procedure. Longer term complications include:
infections, urinary fistulas meatal stenosis, ulceration of the glans, removal
of too much tissue, and secondary phimosis. Gardiner’s 1949 study[16]
reported that an average of 16 Children per year, out of an estimated 90, 000
circumcisions per year died following circumcision in the U.K. during the
1940’s. Gardiner also stated that most
deaths had occurred suddenly under anesthesia. Loss of the penis itself has
been documented.’
The above arguments outweigh that in
support of circumcision.
FEMALE GENITAL MUTILATION (FGM):
This is defined as any form of
surgical procedure on the female genital for any reason other than medical. The
procedure usually involves cutting of whole of a girl’s clitoris and some parts
of her sex organs for culture or non-therapeutic reasons. World Health
Organization Technical Committee in 1995 classified FGM into four types[17]
Type 1 – Circumcision excision of the
clitoral prepuce (the hood fold of skin above the clitoris) with or without
excision of part or all the clitoris (this is referred to as ‘sunna’)
Type II- Excision or cutting of the
prepuce and clitoris (clitoridectomy) together with partial or total excision
of the labia minora (inner lip)
Type III- Infibulation or Excision of
part or all of the external genitalia and stitching / narrowing of the vagina
opening. It is sometimes referred to as ‘Pharaonic circumcision, in this
procedure the two sides of the vulva are pinned together by silk leaving a very
small opening preserved by thinly wood for passage of urine and menstrual
blood.
Type IV- Unclassified intermediate procedure
includes pricking, piercing, or incision of the clitoris and / or labia
cauterization by burning of the clitoris and surrounding tissue; scraping of
tissues surrounding the vagina orifice (angurya cuts) or cutting of the
interior and sometimes posterior vaginal wall (gishiri cuts); introduction of
corrosive substances into the vagina wall to cause bleeding or introduction of herbs
into the vagina with the aim of tightening or narrowing it; and many other
procedures that fall under the definition of female genital mutilation given
above. The procedures describes above are irreversible and their effects last a
lifetime[18]
[19] The reasons given to justify FGM are
numerous, they include: custom and tradition; purification; family honour;
hygiene; aesthetic reaons and protection of virginity and prevention of
promiscuity. Others include increased sexual pleasure of husband; enhancing
fertility; giving a sense of belonging to a group and increasing matrimonial
opportunities. Nationwide among women who could identify the type of procedure
the commonenst type of FGM is type II. Types I, II and III are found in
different areas within the country. Type IV is common in the north as ‘GISHRI’
cuts, and in the south as the introduction of herbs into the vagina.
Female Genital Mutilation was
traditionally the specialization of traditional healers, traditional birth
attendants or members of the community known for their trade. There is however,
the phenomenon of ‘medicalization’ which has introduced modern health
practitioners and community health workers into the trade. The WHO has
continually and unequivocally advised that FGM must not be institutionalized,
nor should any form of FGM be performed by any health professional in any
setting, including hospitals or in the home setting.
The most dangerous and the most
extreme of all the FGM is the Type III Infibulation and it also has the most
dangerous consequences. Infibulated women have sex very painful and in some the
husband may have to deinfibulate them. Childbirth is also extremely painful and
this can lead to prolong labour and eventually maternal and infant mortality.
Sometimes Caesarian operation must be carried out or deinfibulation. FGM can
also lead to fistula which can either be vesico-vaginal or rect-vaginal which
will lead the continuous leakage of urine or faeces throughout the victim’s
lifetime.
It has been documented that FGM is
practiced in at least 30 states in Africa and also in Arab states like Iran,
Iraq, Saudi Arabia, Yemen and in Indonesia and Malaysia. Due to African
immigrations to Australia, Europe and America FGM has been introduced to
western societies but it is practiced by Africans. However, Africa remains the
center point of FGM since over 149 million women are mutilated yearly according
to table below[20].
FEMALE GENITAL MUTILATION STATISTICS ESTIMATED TOTAL NUMBER
OF GIRLS AND WOMEN MUTILATED IN AFRICA.
|
Countries With Large % Mutilated
|
Total Population In Million
|
No of women (50%)Of total
|
% of Mutilated Women
|
Estimate Total In Millions
|
|
Egypt
|
64.74
|
32.39
|
90%
|
29.15
|
|
Sudan
|
27.89
|
13.05
|
85%
|
11.85
|
|
Somalia
|
10.2
|
0.31
|
99%
|
5.05
|
|
Djibouti
|
0.62
|
.31
|
90%
|
0.3
|
|
Ethiopia
|
58.7
|
.3
|
90%
|
1.2
|
|
Eritea
|
37.0
|
1.8
|
90%
|
1.2
|
|
Kenya
|
28.8
|
14.4
|
75%
|
10.80
|
|
Nigeria
|
108.47
|
54.24
|
60%
|
43.54
|
|
Mali
|
10.46
|
5.23
|
80%
|
4.18
|
|
Burkina Fasso
|
10.90
|
5.45
|
80%
|
4.36
|
|
Coted’Ivoire
|
15.0
|
7.5
|
70%
|
5.25
|
|
Siera Leone
|
4.4
|
2.2
|
95%
|
2.09
|
|
Guinea
|
7.5
|
3.75
|
85%
|
3.19
|
|
Guniea Bissau
|
1.15
|
0.52
|
85%
|
3.19
|
|
Togo
|
4.7
|
0.35
|
70%
|
1.41
|
|
Benin
|
5.9
|
0.35
|
70%
|
2.65
|
|
Chad
|
7.0
|
2.95
|
60%
|
2.1
|
|
Gambia
|
1.2
|
3.5
|
90%
|
0.54
|
|
Mauritania
|
2.4
|
0.6
|
40%
|
0.48
|
|
Ghana
|
18.1
|
1.2
|
30%
|
2.71
|
|
Liberia
|
2.94
|
9.5
|
70%
|
1.03
|
|
Senegal
|
8.8
|
1.47
|
25%
|
1.1
|
|
Central Africa
|
3.3
|
4.4
|
40%
|
0.66
|
TOTAL – WEST AND CENTRAL AFRICA 64.73 MILLION in North and
East Africa, 84.77 million
Estimated Number of Mutilated Girls and Women in Continental
Africa = 149.50 million
EFFECTS OF FGM
The FGM procedure is carried out in
various parts of Africa by different categories of people such as old women
barbers, birth attendants and traditional circumcisers etc.[21].
The crude operation is done under unhygienic conditions with crude or rusty
instruments like knives, broken bottles or other sharp objects. Usually it is
done without anaesthetics with certain strong people pinning down the young
girls by spreading their legs apart.
The unimaginable pain and
psychological trauma of the victim of FGM has been recounted as follows:[22]
I was forcibly held down
after the woman stripped me me naked. I was barely 6 years old and terrified. I
did not know what was happening. They pulled my legs apart and held them open.
A big woman sat down facing me and started to cut me with a large knife… it
hurt badly. I tried to free myself and screamed and screamed. The last thing I
remembered was blood all over spilling from between my legs. Then I passed
out.
FGM can be a direct cause of Vesico
Virginal Fistula (VVF), if the “Surgeon’s” knife nicks the bladder. It can also
be an indirect cause if the resulting fibrosis lead to obstruction of
labour.The reason for practicing FGM varies between communities. In western
part of Nigeria, female circumcision is usually carried out for cultural reasons,
or to prevent sexual promiscuity. While in the Northern part, FGM is carried
out on a woman in obstructed labour (Yanka Gishiri) worsening her condition in
an attempt to relieve her obstruction. Yanka Gurya is another form of FGM where
a perceived obstruction or tightness in vagina is relieved by cutting or
incising the vagina. A virgin could develop Versico Virginal Fistulae (VVF)
because of Yanka Gurya.
REASONS FOR FGM
While excuses can be made for male
circumcision either on grounds of hygiene or religion, that of female is based
on wickedness of the male chauvinism targeted at;
(1) Reducing her sex urge
(2) Giving him dignity that his wife
is circumcised, (even young girls of marriage age are
subjected to it if they had not
already done it)
(3) Religion; although there is no
scripture backing for female circumcision, Women are made to go through it and
as a result may suffer infection, Versico Vaginal Fistulae (VVF) Indignity and in some cases death.
If a parent bases her circumcision of
a child on the 8th day on his religion we must then ask;
-
What
is the Faith or religion of the child?
-
Whether
a parent can consent that harm be inflicted on a child?
-
Whether
there is any benefit to the child on religious or medical grounds.
-
If the child was an adult, whither he / she would
he have agreed?
Shouldn’t the age of circumcision be
linked to ability of a child to rationalize majority? While the constitution
protects the freedom of worship, can the right of a parent to worship be imposed on a child?
How can a child redress this wrong of
grievous bodily harm in adulthood? All these are questions that must be
seriously and dispassionately considered.
Both male and female circumcision can
be dispensed with. Advocates should allow their victims take decisions as to
whether or not to be circumcised when they attain the age of majority.
It has been variously proposed that
circumcision began as a religious sacrifice, as a rite of passage marking a
boy’s entrance into adulthood, as a form of sympathetic magic to ensure
virility, as a means of suppressing (or enhancing) sexual pleasure, as an aid
to hygiene where regular bathing was impractical, as a means of marking those
of lower (or higher) social status, as a means of differentiating a
circumcising group from their non-circumcising neighbours, as a means of
discouraging masturbation or other socially proscribed sexual behaviours, to
remove “excess” pleasure, to increase a man’s attractiveness to women, as a
symbolic castration, as a demonstration of one’s ability to endure pain, or as
a male counterpart to menstruation or the breaking of the hymen. It is possible
that circumcision arose independently in different cultures for different
reasons.
Female circumcision is a negation of
the right of a girl child. This is because the act of removing a woman’s
clitoris is to reduce her sex drive. This is unfair, inhumane and unjust.
Article 21 of the O. A. U. Charter on the Rights and welfare of the Child [23] provides:
(1) state parties to the
present charter shall take all appropriate measures to eliminate
harmful social and cultural
practices affecting the welfare, dignity, normal growth and development
of the child and in particular:
(2) Those customs and
practices discriminatory to the child on the grounds of sex or other
status.’ Similarly, Article 16
of the O.A.U. Charter legislates against sexual abuse.
From the fore-going, it is clear that the law legislates against female
circumcision. Of course, proponents of female circumcision would argue that
there is no law which expressly forbids female circumcision. It is apt to ask:
what is sexual abuse? Certainly reducing a girl’s sex drive is an extreme
manifestation of sexual abuse. At creation, God commanded man to be fruitful
and multiply, why should this divine injunction be flouted by the embrace of
female circumcision? By circumcising a girl, we have chosen for her what her
sexual life should be; in fact, we are opposing God’s right to create the
clitoris. This is Ungodly.and such harmful cultural practices which promote the
abuse and exploitation of the Nigerian or African child should be discouraged[24].
These include: early child marriages, traditional face and body marks, and
female circumcision. Massive education in the rural areas will help to reduce
these practices significantly. The family as the closest unit of the society to
the child has a great responsibility in charting a way forward.’
CIRCUMCISION AND ITS LEGAL
IMPLICATIONS
In support of
male circumcision, arguments can be made jurisprudentially, under various
schools or the theories of law. The Natural Law School will simply state that:
law is what conforms to divine will or nature – what God commands is law, what
he forbids is not law. Philosophers like William of Ockham, St. Thomas Aquinas,
St. Anselm hold on to this view.[25]
As to the ethical question why must I live a moral life? William of Ockham
remarked: ‘I must live a moral life because God has commanded it.’ Similarly if
we ask: why should male circumcision be done? The answer will simply be: ‘God
has commanded it.’ Cicero the Roman Orator and natural law exponent illuminates
this position when he wrote: ‘And there will not be different laws at Rome and
at Athens or different laws now and in the future but one eternal and
unchangeable law will be valid for all Nations and all times and there will be
one master and ruler, that is God, over us all, for he is the author of this
law, its promulgator and its enforcing judge.’[26] Despite this convincing submission of Cicero,
legally, it can be argued that there is no legislation known to me that
expressly says that people must be circumcised. Jurisprudentially, we have a
school of law known as legal positivism or the positivist school of law. This
school posits that, ‘the law is a command of a superior for an inferior which
much be obeyed by the inferior whether he likes it or not.’ It becomes
necessary to ask: Apart from religious stipulations and medical arguments, is
there any man- made law that prescribes for circumcision? The answer is a
crystal ‘No’.
Under the law of crimes on the other
hand, we have what is known as the offence of ‘causing grievous bodily harm’
and there is a penalty for it[27]. It
is submitted that slashing a male’s foreskin or female’s vulva amounts to causing
grievous body harm. It is also done intentionally. It is said that, ‘a person
intends the natural and probable consequences of his action.’ Let us be
practical here, get an adult male of 21 years old and try to circumcise him, he
would definitely not consent and would fight back in self defence. If he is
forced into doing it, he will bring an action in court for a violation of his
fundamental right to liberty or dignity. Male circumcision can therefore be
dispensed with. To use the words of Obama the President of the United States of
America,’yes it can’. Various legislations, domestic and international provide
for the right to dignity of a human person.
THE LEGALITY OF CIRCUMCISION UNDER
1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA
The main-stream medical organizations
in Nigeria consider circumcision to be a legal as long as the decision for
circumcision was made by the parents or legal guardians, and they have given
their informed consent.
However, under the 1999 constitution
of the Federal Republic of Nigeria (CFRN) chapter IV provides for human
dignity, right to life, freedom of religion etc.[28]
Circumcision is one of the cultural
practices that are inimical to humanity, and particularly to a child becoming
unpopular in most of our African societies.[29]
Besides exposing the victims to dangers of contacting venereal diseases such as
HIV, the entire practice can be seen to violate the victim’s fundamental human
rights to dignity as stipulated in the constitution.[30]
In an attempt to support circumcision
particularly among girls, the argument submitted by the proponent of this
practice is that it reduces the urge for sexual desire in the girl child. But
then the proponent forget or fail to realize that taking any action against the
will of party involved is a gross violation of the person’s right i.e. to
dignity, freedom of religion and right not to be subjected to any body injury.[31]
UNIVERSAL DECLARATION OF HUMAN RIGHT
OF 1948
The Universal Declaration of Human
Rights UDHR (1948) was drafted by the UN Commission on Human Right in 1947 and
1948. The declaration was adopted by the United Nations General Assembly on 10th
December 1948.
This declaration enunciates certain
fundamental human rights which are of special interest in the study of the
ethics of circumcision as it relates to human rights. They are the right to
security of person, to freedom from torture and other cruel and unusual
treatment, and to privacy.
Motherhood and childhood have a right
to special protection. But most of the articles written are concentrated on
protection of children from female circumcision, while they gloss over the
issue male circumcision which is as dangerous as the former.
The recognition of the inherent
dignity and of equal rights of all members of the human family is the
foundation of freedom from discrimination or torture i.e. circumcision of
children.
If a child is not to be castrated as
a result it is essential for parents & guardians to speak against religions
and customs that encourage circumcision, since human right/child rights should
be protected by rule of law.[32]
However the disregard for human life by circumcision has resulted in some
barbarous acts which have outraged the conscience of mankind.
Furthermore, the United Nations
Charter have reaffirmed their faith in fundamental human rights, in the dignity
and worth of the Human person and in the equal rights of men and women and have
determined to promote social progress and better standards of life.
In view of the above, consent of
children should be needed after they reach the age of the puberty before they
are circumcised, in line with the universal declaration on human dignity.[33]
All member states of United Nations
charter on human right declaration have pledged themselves to achieve, in
cooperation with the United Nations, the promotion of Universal respect for and
observance of human rights and fundamental freedoms. However, common
understanding of full realization of these rights and freedom is of greatest
importance. Article 5 UN Charter on Human Right Declaration provides that
“No one shall be subjected to
cruel, inhuman or degrading treatment or punishment”.
The experience of such especially on
the female is cruel since it involves injury to a child. A custom or religion
which permits causing injury to persons is definitely inconsistent with the law
and is therefore illegal.[34]
The constitution which is the grundnorm in Nigeria protects Fundamental Human
Rights. The rights of a child are also protected since they also fall within
the definition of persons.
Article 18 of the UN charter on Human
Right Declaration (1948) provides that
…Everyone has the right to
freedom of thought, conscience and religion. This right includes freedom to
change his religion or belief, and freedom either alone or in community with
others or in public or private, to manifest his religion or belief in teaching,
worship and observance.
The National Organization of
Circumcision Information Resource Centre in South Africa (NOCIRC-SA) is
fighting for boys’ right to retain their foreskins. They say that circumcision
without consent is a “violation of Childs rights” under Article 25 which states
that:
“Motherhood and childhood
are entitled to special care and assistance. All children, whether born in or
out of wedlock shall enjoy the same social protection…”
The organization of (NOCIRC-SA) has
supported the view that consent of a child is necessary before circumcision[35]
They are supported by a number of
other local and international organizations including the International
coalition of Genital integrity. Doctors opposing circumcision and the National
Organization of Restoring Men (NORM), in a written statement submitted to the
select committee by NORM that[36]
“As children, we were unable
to voice our objections to halt these rituals of -genital mutilations that were
carried out on us in hospital beyond. We are now able as adults to loudly and
unreservedly condemn such sexual abuses…”
The South African Medical Association
has said that there is no need for circumcision from the medical point of view.
Dr. Daniel Sidler[37]
stated that
‘It
is about the integrity of genitals. We are fiddling with normal and healthy
genitals. In view of the above, it is suggested by NORM & NOCIRC-SA that;
circumcision without consent is a violation of human rights[38].
So also Article 3 which states that in view of the above Articles, parents may
carry out circumcision if consented to by their children i.e. 15 years old
child[39].
In Nigeria there are efforts by women organizations to stop female circumcision
for causing urinary problems and affecting young ladies within the ages of 12
years to 18 years of age.[40]
However, there was also an instance[41]
where a Muslim was accused of assaulting her son through circumcision. A five
year old boy, circumcised against his mother’s wishes, by the father, has been
taken to court. The father has been alleged to have secretly taken the boy to a
doctor for the procedure in North London and was charged to court because there
was no consent of the mother.
The 27 year old man who lives in
Crowley, West Sussex, denies committing an assault occasioning actual bodily
harm in August 2003. The prosecutor told the court that the parents had been
involved in a three month relationship and the mother realized she was pregnant
after they broke up. The defendant who was of Moroccan origin, realized the
child was his and he began raising the issue of circumcision in line with his
religious beliefs. The mother said she would consent only for medical and not
religious reasons. When the father circumcised the child, the mother accused
him of assaulting their son, the defendant admitted that …”I have looked into it
and it’s perfectly legal…”
Ms Crosby said the father not having
applied for legal parental responsibility, could not have provided proper
consent for the operation to take place.
Finally, male circumcision should not
be isolated from female circumcision, because female circumcision is more
dangerous that that of a male child.
Under the proposed bill which already
has been approved by the National Assembly of Africa, anyone who practices
female genital mutilation or virginity testing is guilty of an offence and can
be imprisoned for up to 10 years.[42]
In respect of the above, South Africa
has made a very remarkable achievement on circumcision, since they regard it as
a violation of a child right.[43]
However, the Universal Declaration of
Human Rights (1948) has made it very clear in Article 1 of the Charter that
“…All human beings are born free and equal in dignity and rights. They are
endowed with reasons and conscience and should act towards one another in a
spirit of brotherhood…”
The General Assembly proclaims this
universal Declaration of human Rights as a common standard of achievement for
all nations. To this end every individual and every organ of society, keeping
this Declaration constantly in mind, shall strive by teaching and educating to
promote respect for these rights and freedoms and by progressive measures,
national and international to secure their universal and effective recognition
and observance, both among
the peoples of territories under
their jurisdiction[44].
IS CIRCUMCISION NECESSARY IN OUR
CURRENT CIRCUMSTANCES
As heirs of the only extra-Europe
culture touched by some sort of scientific thinking and often contributing to
its development, it is the Judaizers who provide the so called “logical”
arguments in favour of circumcision.[45]
The link between female circumcision
and the hashish plague in Egypt has been widely exposed by El-masry.[46]
Female circumcisions distaste sexual relations as very few healthy males can
fully succeed in bringing a circumcised woman to orgasm. Such women lose their capacity
for pleasures that the man will soon have to admit that he alone cannot do it. This
lead to marital disharmony and frustration as the man would need drugs to hold
erection for as long as necessary.
Some of such women are the ones to
request that their husband use drug before sex: “they know from experience that
it is their only chance of reaching orgasm, for hashish is the only cure for
their mutilated clitoris.[47]
A bill to prohibit the circumcision
of children should be made and vehemently enforced so as to check the wide
spread practice of child circumcision both in Nigeria and beyond. This is based
on the fact that no child consents to the exercise since it is usually
performed when he has no say at all on the issue.
It has been suggested both by local
and International Organizations that circumcision should be abolished in a
modern society and a bill should be passed for the end to all forms of circumcision.
For instance in South Africa, a group of men caused a stir in parliament by
calling for an end to all circumcisions for being an assault. In Nigeria, there
are laws before National and State Assemblies in respect of child rights.
However, in South Africa, a bill
outlawing virginity testing and making parents and doctors liable to charges of
assault for circumcising children is one step close to enactment.[48]
Male circumcision should not be
isolated from female circumcision. The select committee on social development
was holding hearing into children’s bill, which outlaws female genital
mutilation and virginity testing.
Ferris said that the South Africa
medical association has said that there is no need for circumcision from a
medical point of view.[49]
However, every body agrees that legal
measures will never be enough to stop female circumcision. A conscious
awareness must be raised among the victims themselves. First, one must try to
understand the reasons for those practices. For the time being, one may ask
whether in order to avoid the worst, should FGM be permitted to be performed in
the hospitals, in a less severe form?
As we have noted above, the World
Health Organization (WHO), the Inter Africa Committee, the Declaration of the
Swiss Academy of Medical Sciences and the London Declaration, all dismiss this
possibility as ethically wrong. They even ask for strict sanctions against
members of the medical profession who perform female circumcision.[50]
This opinion suggested that:- God who
demands that his believers be mutilated and branded on their genitals the same
as cattle, is a God of questionable ethics, it could be legitimate to perform
either male or female circumcision, as any other surgery, for specific,
extremely rare, medical reasons on specific individuals. But to arbitrarily
mutilate children, boys or girls under the pretext that it is for their own
good, shows an influence of cynicism and fanaticism. That is why there is no
valid justification on the distinction made between male and female
circumcision.
Doctor Zwang goes further to state
that “female circumcision will never stop as long as male circumcision is going
on. How do you expect to convince an African father to leave his daughter uncircumcised
as long as you let him do it to his son?[51]
There is no alternative but to
condemn the attitude of international and non governmental organizations, which
dissociate one type of circumcision from the other, giving legitimacy to male
circumcision in the process.
CONCLUSION:
Religion has been a means of
justifying both male and female circumcision. It is time to expose the
irrationality behind this thinking and reveal the harmful influence of some
religious circles, which are in favour of it or refuse to denounce it.
Furthermore, there is no established
evidence that the practice reduces sexual desires. Worst still, the practice
exposes the parties to great danger of
contracting HIV/AIDS or other diseases since the equipments used are not
well sterilized and the people handling these equipment’s are not well informed
about their personal hygiene.
Nothing in section 28 – 35 of the
1999 constitution Federal Republic of Nigeria shall invalidate any law that is
reasonably justifiable in a democratic society.[52]
In the interest of defence, public safety, public morality or public interest,[53]
and for the purpose of protecting the rights and freedom of other persons.[54]
The practice should not only be seen
to be barbaric, it should also be seen as obscure as it no longer stands the
test of time. Stakeholders are therefore enjoined to embark on vigorous
campaigns in order to bring an end to this practice.
Government should go on mass
sensitization in order to educate the people on the dangers of circumcision among
children & especially the girl child.[55]
Conclusively, it is submitted that if
sex is ordained by God, a girl’s sex drive should not be reduced by some
barbaric behaviour. Female circumcision should have no place in our 21st
century world. It is inhuman, illegal and ungodly. It should be a relic of the
past.
It is also proposed that since the
medical problem that can happen to a male if he is not circumcised is very
infinitesimal, male circumcision is not a necessity, it can be done away with.
In fact in England, it is not practiced in the hospitals, if a person wants to
circumcise his child; he would have to get a Jewish Rabbi to do that. We
therefore all have a joint duty to fight against male or female circumcision
anywhere it is practiced among our people. It is crude, dangerous and wicked.
Furthermore, there is no evidence that mutilated women are more faithful or
better wives than those who are not. If we all join hands together, sex organ
mutilation will become a thing of the past.
*Agbonika Josephine A. A. Dr. (Mrs.)lecturer, Faculty of
Law, Kogi State University,Anyigba; Commissioner, Tax Appeal
Tribunal, Enugu Zone.
[1] Oxford
Advanced Learner’s Dictionary, (special price New 7th edition)
[2] Http: /
en. Wikipedia.org/ wiki/ circumcision
[3]
Wikipedia, Ibid P
[4] Genesis
Chapter 17 verses 10-14, King James Version, Red Letter Edition, P.9
[5]
Wikipedia, Ibid Pg. 3
[6]
Wikipedia, Ibid
[7]
Wikipedia, Ibid Pg 4
[8] Sikh
Basics and Misconceptions quoted in Wikipedia Ibid p. 6.
[9] Singh
Jasprit. Questions and Answers. Akal Sangat, Akal Publications.
[10] Holy
Bible op cit p.143
[11] Ibid
643
[12] Holy
Bible Romans 2:25 p.662
[13] Ibid p.687
[14]
Fergusson DM, JM Lawton, and FT Shannon (1988 April) Neonatal circumcision and
penile problems: an 8 year longitudinal study: cited in
Wikipedia op vcit p.3
[15]
Wikipedia, ibid
[16]
Gardiner Douglas, The Fate of the Foreskin (1949 December) British Medical
Journal, Vol. 2 pg. 1433-1437
[17] WHO, Elimination a female genital
circumcision in Nigeria released by Family Health Department, Federal Ministry
of Health, Phase III, Federal Secretariat Abuja, Dec.2007 P.1
[18] For
further definition of FGM, see Toubia, caring for women with circumcision, New
York Rainbow; p.14
[19] WHO OP
CIT P.4-5
[20] Hoshen,
Fran P. Women’s International Network, News (Lexington 1997)
[21]
Dorkenoo, Efua, et al, female Genital Mutilation: proposals for change (London,
Minority Rights Group) 1996, p.12
[22] Hoshen,
Fran P. Stop Female Genital Mutilation. Women speak facts and Actions
(Lexington, USA, WIN NEWS) 1995, P.48
[23] O.A.U.
Charter on the Rights and welfare of the Child.
[24] Imeh
Ekanem; Protection of Children Against Abuse and Exploitation; the way forward,
published in the Vision of a genius.
[25] Marcus
Tullius Cicero quoted in Dennis Lloyd: Idea of law (London, Penguin Books)
1964.p.73-74
[26] Marcus
Tullius Cicero ibid
[27] S.240
and 241 Nigerian Penal Code
[28] Holman,
John R. Keith A. Stuessi (March 15, 1999) “Adult Circumcision” American Family
Physician 59(6) 1514 – 1518.
[29] The New
York Times, (August 26, 2005).
[30] The
Jewish Journal of greater Los Angeles, (February 18, 2005)
[31] Zenie
Ziegler, Wedad, Marcure de France, Paris, 1985 pp. 139 – 140-
[32] S.
45(1) CFRN 1999.
[33] S.
45(a) CFRN 1999.
[34]
Obilade, Nigerian Legal System; Spectrum Law Series
[35] Women
Right Advancement Protection Agency (WRAPA) Magazine (February, 2001)
[36] Ibid
pg. 3
[37] Ibid
pg 4
[38]
Universal Declaration of Human Rights (1948) Preamble
[39] Article
3 of UN Charter on Human Right Declaration
[40] http://www.tribune.com.ng/0202200/igbocul.html(retrieved
may5,2011)
[41]Daily
News, South Africa, October 12, 2005 p.2
[42] ibid
[43] Ibid
[44] Articles 1-30 UDHR (1948) Human
Rights
[45] Jannie
Stephen Circumcision a “violation of child Right” Daily News, Durban, South
Africa, Wednesday, (October 12, 2005).
[46]
El-mastry, Ledrame sexual pp.56-69
[47] Article
published on p. 2 Daily News, October 12, 2005, South Africa.
[48] James
Tapsfied. Muslim Accused of Assaulting Son though circumcision. The Scotman,
Tuesday 3 May, 2005.
[49] Jannie
Stephen op cit.
[50] For the
link between drugs and female circumcision, see Amin: Qamus, p. 188, Morsy
Soheir.
[51]
El-masry, ledrame sexual, op. Cit: pp 56-69
[52]
Chapter. IV CFRN 1999.
[53] S.
34(1) (A) CFRN 1999.
[54] &
S. 34(1) CFRN 1999.
[55] S.
38(1) CFRN 1999.