The case, titled by the prosecution, United States of America v. Nagarwala, et al, charges the doctor, owner of the clinic at which the procedures were done, and several parents of girls upon whom the procedure was performed, with violation of 18 U.S. Code § 116, a statute criminalizing non-medically-necessary surgical procedures excising tissue in the primary genital region of girls below the age of 18.
Medical necessity is undefined in the statute. Here is the text:
(a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.
(b) A surgical operation is not a violation of this section if the operation is—
(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or
(2) ...