Stakeholders urge Govt action on Marriage Act amendment

By Guardian Correspondent , The Guardian
Published at 02:44 PM Sep 26 2024
In a landmark decision in 2016, the High Court ruled that these provisions were unconstitutional and ordered the government to raise the legal marriage age to 18 years for both girls and boys.
Photo: Guardian Correspondent
In a landmark decision in 2016, the High Court ruled that these provisions were unconstitutional and ordered the government to raise the legal marriage age to 18 years for both girls and boys.

SOME stakeholders under the Tanzania End Child Marriage Network (TECMN) have urged the government to draft Marriage Act amendment bill and submit it to the upcoming parliamentary session for discussion and formal approval.

Speaking during a special awareness campaign against child marriages on Wednesday here, stakeholders expressed concern that, despite a court order to amend the 1971 Marriage Act, no action has yet been taken.

Activists argue that amending the law would significantly strengthen efforts to eradicate child marriages, which often force many girls into difficult futures.

Currently, Tanzania’s Marriage Act of 1971 sets the minimum marriage age at 15 for girls with parental consent and 18 for boys.

Adamu Mkaka, head of Child Protection and Safety Department at Plan International, advocated for changes to Sections 13 and 17 of the Act, stating that the provisions trap young girls in situations that hinder their aspirations, leading some to resort to self-harm.

“We recognise that family poverty is a key factor driving child marriages, prompting families to marry off their children early in search of income. They view their children as sources of revenue, forgetting that this places them in serious jeopardy,” he said.

Mkaka highlighted that the delay in amending the law exacerbates the problem.

“Revising the legislation would be beneficial, as some families in better economic circumstances still marry off their children due to legal loopholes,” he said.

“What we are asking for now is for the Minister of Constitution and Legal Affairs to collaborate with the Minister Community Development, Gender, Women and Special Groups to draft the bill and present it to Parliament for discussion and formal passage. We must act to protect our children from this crisis,” he said.

He added: “I urge MPs and sector ministers to prioritise this issue in the next parliamentary session and resolve it. We have already made significant progress, but further delays will only result in more children suffering.”

He noted that allowing many children to face early pregnancies creates a generation that is unproductive and exacerbates national challenges.

Neema Abeid, capacity building and development officer at Medea, which is also part of TECMN, expressed frustration over the lack of respect for the court's order to amend the law. She pointed out that the court had deemed Sections 13 and 17 of the Marriage Act discriminatory, unconstitutional, and outdated, stressing the need for the government to implement the court’s directive.

“The judiciary is a vital and trusted institution for delivering justice. We urge that its decisions be respected and acted upon; the marriage law must be changed,” she said.

Abeid argued that the sections breach Article 12(1) of the Constitution, which guarantees equality before the law, as well as Articles 13(1) and 13(2), which protect against gender-based discrimination and recognise that individuals under 18 lack the capacity to make informed decisions about marriage.

The current provisions deny girls the opportunity to fully participate in shaping their futures, depriving them of their right to education and freedom of thought. Abeid called on Tanzanians to unite in campaigning against harmful traditions that lead many girls into early marriages and pregnancies.

In a landmark decision in 2016, the High Court ruled that these provisions were unconstitutional and ordered the government to raise the legal marriage age to 18 years for both girls and boys.

The ruling followed a legal challenge by the Msichana Initiative, which argued that the Marriage Act infringed upon girls’ fundamental rights to equality, dignity and education, and violated Tanzania’s Law of the Child Act.