A number of lawyers and human right activists have hailed Friday’s ruling of the High Court which struck off the Marriage Act sections which allowed children aged below 18 to be married.
Although the ruling is not a panacea to the widespread problem in Tanzania, it will boost efforts to battle underage marriages, noted Legal and Human Rights Centre director Helen Kijo-Bisimba.
In the landmark ruling, delivered by Judge Ataulwa Munisi on behalf of two other judges, the court stated that sections 13 and 17 of the Marriage Act were unconstitutional. The court also ruled that it was illegal for a person aged under 18 to be married.
The case number 5 of 2016 was filed by Ms Rebecca Gyumi, the founder and director of children rights organisation called Msichana Initiative.
Through her lawyer, Jebra Kambole, Ms Gyumi was contending sections 13 and 17 of the Marriage Act of 1971, which allows a person aged under 18 to be married.
In her petition she argued that the two sections were against articles 12, 13 and 18 of the Constitution, which give people equal rights before the law and not to be discriminated against.
Judge Munisi and two other judges agreed with arguments raised by Ms Gyumi and ordered that the two sections be struck off the law.
Other judges who were hearing the case were Shaaban Lila, who was the leader of the bench, and Sakieti Kihiyo.
Delivering the ruling, Judge Munisi noted that the two sections contravened the Constitution hence they do not qualify to be part of the Marriage Act.
Judge Munisi said it was unfair to subject a child aged 14 to marriage as stated in one of the sections and that such a child has no wider understanding and can hardly comprehend responsibilities and obligations of a married person.
The judge also said the law was discriminatory and unfair as it subjected a girl child to be married at 14 years while the same law state that male can only marry when they attain the age of 18.
The judge further noted that the two sections were against the Constitution which gives every person a right to express himself or herself and that decision to get married should be personal and it was unbecoming for parents or another institution to decide on such issues on behalf of another person.
Judge Munisi ordered the government to amend the Marriage Act within the next one year and in the meantime a legal marriage age should be recognised as 18 years.
Dr Kijo-Bisimba is happy that the sections have been struck off because they were the major source of underage marriage.
The two sections were a source of contention between the government and the activists who argued that they were detrimental to the development of girls in the country.
She thanked the High Court for the ruling noting that it would help restore dignity of Tanzanian children. “Sections 13 and 17 of the Marriage Act of 1971 are truly unconstitutional. Children should not be married off before the age of 18. This historic ruling will save so many girls.”
Writing on her facebook page, Ms Gyumi warned, however, that the victory should not be construed as the end of child marriage in Tanzania.
“The victory should be taken as a beginning of a fresh battle to ensure that child marriage becomes history in our country,” she said.
Tanzania has one of the highest child marriage prevalence rates in the world. According to United Nations Population Fund, on average, two out of five girls in Tanzania will be married before their 18th birthday.
It also says that about 37 per cent of women aged between 20 and 24 were married or engaged in matrimonial relations before reaching 18 years.
Child marriage in Tanzania mainly affects girls. Tanzanian women on average get married more than five years earlier than Tanzanian men.
The Marriage Act (1971) allows boys to marry at 18 and girls to marry at 15. They can marry at 14 with court and parental permission.
One Response
Hallelujah!! One further step towards safeguarding the girl child