THE LAW & CULTURAL INTOLERANCE-Forced Male Circumcision Mid last-week, ELN, a middle aged man who is facing a criminal charge for a drug related offence appeared in one of the Subordinate Courts in Kiambu County for the Mention of his case. When his case was called out, he lifted his hand and upon inquiry by the Presiding Magistrate, he made a very interesting request. He requested the court to issue an order that he should be taken to Hospital so that he can be “treated/operated” so that his fellow remandees can stop harassing him. In his own words; “mheshimiwa naomba kupelekwa hospitali ili nitengenezwe; wenzangu wananisumbua sana huko jela na ninapata shinda wakati wa kuogoa ama kwenda haja” The Magistrate initially brushed this request aside and fixed a further mention date but the man persisted and lifted his hand again. When the Court Clerk asked him “kuna shinda gani” he boldly retorted; “naomba kupelekwa hospitali ili nikatwe nini….eh nini…eh, ndio wenzangu waache kunisumbua”. The Magistrate inquired further and the man told the court that fellow prisoners were threatening to forcibly circumcise him using crude implements; “mimi sijakatwa, hio ndio shinda. Wenzangu wananitusi na wanatisha kunikata na kucha zao kama sitaomba ruhusa ya kupelekwa hospitali leo”. At this point everybody in court burst out laughing and ELN’s colleagues in the dock nodded as if in agreement. The Magistrate placed his file aside and reserved her ruling on the rather bizarre application for a later hour. In Kenya there is no law that specifically outlaws forced male circumcision. However, anybody who carries out such an act may be charged with the offence of causing grievous bodily harm contrary to section 219 of the Penal Code, Chapter 63 Laws of Kenya and is liable to 7 years imprisonment. Even under International Criminal Law, forced male circumcision is not treated as a specific offence but is classified under “other inhumane acts”. This is obvious discrimination against the male gender since Domestic and International Law recognizes Female Genital Mutilation as a specific offence punishable by life imprisonment. NB: ELN was arrested in September last year for another unrelated offence but after he was released on Police Bond he failed to appear in court and ran away from Kenya. He was nabbed in June this year along the Nakuru-Nairobi Highway and charged with the present offence. Police are yet to revive the old criminal case. He is currently remanded in a Nairobi Prison. The court has set strict bail/bond terms owing to the danger of flight. QUESTION: What do you think the Presiding Magistrate ought to have done to help this man? Apparently some Prisons in Kenya have been organizing Mass Circumcision Ceremonies for male inmates thus entrenching bias and prejudice against uncircumcised men in Prison. MY PERSONAL VIEW: Ladies and Gentlemen, if a man or woman has chosen to keep all his/her body parts intact owing to personal conviction or cultural dictates, let them be; they have a right to do so. It is none of your business and you should NOT IMPOSE your cultural or religious preferences on other people. Cultural intolerance has caused far much more suffering to humanity than war & natural calamities.
Posted on: Thu, 24 Jul 2014 10:20:18 +0000
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