Let us harmonise laws that affect the child

A week ago, the High Court gave a ruling on a constitutional petition that was seeking to have certain provisions in the Marriage Act that undermined the development of the girl-child to be declared illegal.

An NGO went to court to challenge a legal provision—based on certain religious and customary laws—that allowed girls as young as 14 years of age to get married, so long as there is consent from her parents or guardians.

The High Court agreed with the petitioner and gave the landmark ruling which declared 18 the legal age limit for marriage. It was a landmark ruling in many ways, because the debate on the right marriage age for girls had been on the cards for many years and seemingly, no solution was forthcoming.

The government took the backseat when it was apparent that the matter was not drawing any consensus among our communities. It is also true that even after last week’s judgement, some quarters in our society continue to raise murmurs of disapproval.

We feel bound to throw our support behind the High Court ruling. It should be remembered that the Marriage Act was a hindrance to the Law of The Child Act that came into effect on the Mainland in November 2009.

This Act also states categorically that one is considered a child until one attains the age of 18, which is when one is deemed mature enough to make independent decisions.

It means, the High Court judgement merely reinforced this position. We appeal to the relevant legal arms of the government to act fast and ensure that conflicting laws on matters which touch on the development and wellbeing of children are harmonised for smooth administration of justice in order to protect the vulnerable young ones.

Many provisions in the Marriage Act are obviously outdated and need urgent review as are those in the customary and religious statutes.

TOILET USE NOT NEGOTIABLE

November 19 is the date the UN Water and Sanitation Department in collaboration with other health non-governmental organisations set aside each year to celebrate World Toilet Day.

Tanzania has, since 2013, linked up with the rest of the world to mark the occasion, when it became an official UN Day.

It is such a shame that thousands of residents in some major Tanzanian cities don’t have access to toilets. The situation is especially bad in Tanga Region, where lack of toilets and the practice of open defecation continue to put residents, especially children, at risk of contracting diarrhoea-related diseases.

A recent study by a health researcher, Ms Elizabeth Malali, reveals troubling statistics for the region. It indicates that only 60 per cent of its residents use toilets.

The importance of proper disposal of sewage cannot be overemphasised. We simply can’t wait.

Authorities in Tanga must face the problem head on. By taking stern legal measures against those who resist building toilets, the authorities can make a positive impact on health and women’s safety.

We must shirk backward notions and taboos that scorn toilet use and learn the proper use toilets if we are to be assured of basic, good health.