CONTRADICTIONS IN TANZANIA’S LEGAL FRAMEWORK FUEL CHILD MARRIAGE

By Rose Ngunangwa, Mgagao, Mwanga

Human rights activists are sounding the alarm over contradictions in Tanzania’s legal framework, with child marriage standing out as a stark example of how conflicting laws continue to endanger girls’ rights.

At the center of the debate is the Marriage Act of 1971, which permits girls as young as 15 to marry—and even younger, at 14, with parental consent. This provision directly clashes with the Law of the Child Act of 2009, which defines anyone under 18 as a child, and the Education Act, which requires children of that age to be in school.

The concern was raised in Mgagao, Mwanga District during a training session for community leaders organized by TGNP to address gender-based violence (GBV). Facilitator Marcela Lungu emphasized how these contradictions undermine efforts to protect girls:

“We are trying to address the Marriage Act of 1971 where a girl child under 14 can get married. This is unacceptable. The Law of the Child Act specifies that anyone under 18 is a child. The Education Act says a person of that age should be at school. Such laws can also be a setback in achieving gender equality,” she said.

The Marriage Act sets the minimum marriage age for girls at 15 with parental consent, and 18 for boys. It even allows marriage at 14 if a court is satisfied that “special circumstances” exist—though the law does not define what those circumstances are.

The urgency of reform is underscored by data from the Tanzania Health and Demographic Survey (2022), which shows that youth under 20 account for 20% of maternal mortality, with girls aged 15–24 contributing to at least 40%. Child marriage is a major driver of these statistics, robbing girls of their right to education and, in many cases, their right to life.

Despite repeated calls for change, efforts to amend the Marriage Act have stalled. Even after the High Court of Tanzania ruled in favor of Msichana Initiative, affirming 18 as the rightful minimum age of marriage, legislative reform has yet to materialize. The Court of Appeal upheld the decision, emphasizing the government’s legal obligations to outlaw child marriage and end the harm suffered by girls. This ruling was a significant step toward protecting girls’ rights and ensuring their education and future.

Yet, the persistence of contradictions between Tanzania’s laws highlights the urgent need for harmonization. Without aligning the Marriage Act with the Law of the Child Act and the Education Act, girls remain vulnerable to exploitation, early pregnancy, and the loss of their futures.

Child marriage is not just a legal loophole—it is a violation of human rights. Reforming Tanzania’s laws is essential to safeguard girls, advance gender equality, and secure a brighter future for the nation.