Pengine sote tunaona ni jambo baya.
Lakini walitunga sheria hiyo, walikuwa na hoja gani? Walikusudia ku-address mischief gani katika jamii ya kituruki? Sio vibaya kusikiliza hoja yao.
Kwa mfano sheria hiyo ina tofauti gani na hii ya hapa kwetu ambayo inaruhusu (ilikuwa inaruhusu?) watoto wa kike kuolewa wakiwa na chini ya miaka 18 (kama kuna consent ya wazazi/walezi)? Je hii sheria yetu (sheria ya ndoa ya mwaka 1971) ilikuwa na mantiki gani kuruhusu watoto (hata wa miaka 14!) kuolewa?
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The High Court on Friday declared illegal marriage of anyone under the age of 18. This landmark decision puts paid to Sections 13 and 14 of the 1971 Marriage Act that allows marriage of girls as young as 14--with the consent of parents.
This has been a matter of concern to educationists and human rights activists, who have consistently expressed their disapproval of the Act, saying giving licence for an under an 18-year-old to get married contravenes the rights of a child and hence, illegal.
Yes, for under Tanzanian law, which precedes the 1971 Marriage Act, anyone under 18 is a perceived to be child. At 17 and below, one is considered as being below the age of consent, meaning that it is a crime to engage such a person in sex!
Which is to say, parents endorsing marriage for their under 18 child, are effectively giving away their offspring to a defiler! Reports show that up to 37 per cent of Tanzanian children are thus exposed.
Girls especially suffer the brunt of child marriage. Death while giving birth is common when a girl is made to bear a child when she physically too immature. Fistula, a most debilitating disease whose victims find themselves passing urine and faeces uncontrollably, is among the consequence of childbirth injuries that mostly afflict underage mothers.
Beside the possible injuries that child mothers are exposed to, a girl married off before she is 18 loses her schooling opportunity, meaning her future prospects that are only attainable to those who acquire good education, are shut.
We look forward to full implementation of the July 8 court order so that every girl in Tanzania gets the chance to actualise her potential. Ignorant and selfish parents should not be allowed to marry them off their children on the basis or backward customs or religious beliefs
Soma zaidi:
Tanzania: Rulling Against Under-Age Marriage Commendable