Should abortion be legal or illegal in Tanzania?

[Lukona]

Abortion sio halali tangu zamani na tusije tukaihalalisha acha wafanye kisiri lakini ukiwatangazia itakuwa hatari. Isihalalishwe ifanyike tu kama kuna hatari kwa mzazi isiwe mtu kaipata hajisikii kuwa na mtoto basi atoe, na kesi zake hazisikiki kwa kuwa zinafanyika kwa siri na njaa za madaktari wetu hata nyumbani kwake anafanya tu na hapo ndipo dada na mama zetu tunawapoteza

Wanaume ndio watoa hela za kutoa na madaktari wanaofanya haya wanajulikana wengine wanatolewa na vizazi baadae wakitaka watoto wanakimbilia kwa waganga. Tatizo ni kubwa tuwe makini

 

[KALEBE]

Very interesting i like such conversation in my side i think abortion should not be legalized if at all we legalize the issue of abortion so many negative impacts will be reported to our young girls example most of them will not concentrate on their studies because they will be using most of time taking care of their children at their home hence the gape in terms of education between men and women will be large

Also since the process of abortion in large extent involve the loss of life, then the country will lose middle aged Tanzanian group whom in one way or another are responsible for economic growth then even the economic development of the nation will be low

Also the rate of diseases will be very high because most of them will prefer doing sex without using condoms believing that once they become pregnant they will abort it.

 

[jere100]

In order 2legalize such a thing we are to ask ourselves 'AT WHAT STAGE DOES A CHILD ACQUIRE A STATUS OF BEING A LEGAL PERSON IN TANZANIA' but all in all abortion is killing whether its a foetus or not. Thats against Natural Law (ten commandments)

 

[chriss makoba]

Am not supporting the issue of abortion and i thing it will be good, if abortion it could be illegal.

 

[nyarwaka]

Naturally abortion is a crime, but depending on varied circumstances abortion should and must be legalized. Such circumstances may be for instance where it is necessary to save a pregnant woman from the threat of death or any other likely harm to her physical or psychological health, but not for education purposes.

 

[Frankness]

I think ingekuwa vyema kama hilo suala lingewekwa wazi kwenye katiba pia kama ilivyo kwenye katiba ya Kenya, japo katika sheria pia kila kitu kina exceptions,

As far as abortion is concerned, kuna exceptions tatu:

1. Kama mimba itahatarisha maisha ya mama au mtoto au wote wawili

2. Kama mimba ilitungwa kwa kubakwa au

3. Kwa ushauri wa daktari kutokana na matatizo yanayoweza kujitokeza kama mimba hyo itaendelea kukua.

Kujibu swali la kulegalize abortion itakuwa fair kwa wale ambao hawapo tayari kuwa na mtoto, kwa waliobakwa au kuzalishwa na ndugu, kwa wanafunzi, kwa wale wanaoogopa matatizo katika familia zao. Lakini ikiwa termed as illegal, itakuwa fair kidini, na hata kiafya kwani abortion pia ina madhara, na ndio maana mjadala huu wa abortion hauna muafaka.

 

[Owden m]

Abortion in Tanzania is illegal. Soma kifungu namba 219 cha penal code rev2002. Kimetafsiri. Kuwa kutoa mimba kuanzia 0-28weeks ni abortion lakini kuanzia 28 weeks kuendelea ni child destruction. Pia mtu yeyote atakaye shauri, kusaidia,au kutoa atahukumiwa kosa la kufungwa maisha section 219(1) of penal code

 

[Tetty]

Jifikirie Je, na wewe ungetolewa ukiwa mimba ungekuwepo? Hakuna sababu ya kuhalalisha utoaji mimba ni kudhulumu haki ya kiumbe ulichokitunga. Na kama hutaki mimba kwa nini usitumie njia mbadala za kuzuia hiyo mimba?

 

[Mzuvendi]

Thanks all of you for your valuable contributions in this debate. My goal wasn't really to assault the existing penal codes, but to renew the debateso that we can hear viewpoints from various stakeholders. For, when the law was enacted in late 70s or early80s, the number of women in the parliament was almost negligible, so was there presentation of women in various national and local institutions. In short, the voices of women wasn't there.

I am a man and I don't pretend to know exactly what's betterfor my wife or my daughter. And, with that in mind I believe that the person tabledthe bill, the members of parliament who passed the bill, and the president whosigned it into didn't law were in thesame position as mine. They didn't know the best interests of Tanzanian women. They enacted the law base on their religious, traditions, and personal experiences just to fill the void.

However, in the last two decades things have shifted drastically. Women are a force to be recon with. The number of women in legal profession has increased. The number of women in various institution is improving, so is their contribution to the society. Now the question is should we keep the existing laws? If yes, how do we draw perimeters so people could comprehend what's legal and what's not?

 

[July Fourth]

Mzuvendi, Tumeoneshwa video kwa darasa. Inaonesha abortion inavyotake place. Inatia huruma. Ikiwa legal..then hautakuwepo ubinadamu

 

[mwana wa mtemi]

Excellent I like that, your statement should be considered to become a rule

Abortion Law in Tanzania is too open whom is allowed and under what conditions. Lack of Specialists is issue let us encourage our daughters and sons on PHYSICS, CHEMISTRY, BIOLOGY, MATHEMATICS and ENGLISH.

 

[Mbute na chai]

The question to whether abortion be legalised or not is an ongoing debate sided by two opposing parties with hottest standing grounds of reasons. However, there are ways of determining goodness or badness of a thing and those ways are of two grounds, that is, INTRINSICALLY and EXTRINSICALLY. Intrinsically means we have to determine the badness or goodness of an act prima facie, i.e, is the act itself good or bad? For example the act of killing human being is in itself bad, why? Because it violates human right and according to me this is the highest right of all rights (right to life).

Thus, think of the act of aborting in itself, is the act intrinsically good or bad? Think of the effects which are likely to be wrought by the act itself, are they good or bad perse?

On the other hand, extrinsically does the act violate any established and accepted norm within society? How about provisions of religious doctrines concerning abortion?

Abortion is simply a removal of unwanted pregnancy, and if it is so what causes an unwanted pregnancies? If we agree that there are unwanted pregnancies, what determines them? I will be back.

 

[RodrickMaro]

Kifungu cha 219 Kanuni za Adhabu, cha Sura ya 16 ya Sheria za Tanzania, kama zilivyorejewa mwaka 2002, kinakataza kabisa mambo ya utoaji mimba!

219. Child destruction

(1) Subject to subsection (2) any person who, with intent to destroy the life of a child capable of being born alive, by any willful act causes the child to die before it has an existence independent of its mother, shall be guilty of child destruction and shall be liable on conviction to imprisonment for life.

(2) A person shall be guilty of an offence under this section unless it is proved that the act which caused the death of the child was not done in good faith for the purpose only of preserving the life of the mother.

(3) For the purpose of this section, evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at the time pregnant of a child capable of being born alive.

Hata hivyo, kuna shirika linapigania na limeandaa the Safe Motherhood Bill, ili miongoni mwa mambo mengine, utoaji mimba uruhusiwe.

Pia, kuna Maputo Protocol, Mkataba wa Nyongeza kwenye Mkataba wa Afrika unaohusu Haki za Wanawake (2003), ambao Tanzania imeridhia (2007 – bila kuweka masharti), umeainisha kuwa mwanamke anaweza kutoa mimba kwa sababu walizoeleza pale:
Article 14 2 (c) of the Protocol under Health and Reproductive Rights states:

2. States Parties shall take all appropriate measures to: c) Protect the reproductive rights of women by authorizing medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus.

Tafsiri yake ni kuwa, mwanamke anaweza kutoa mimba kwa kisingizio chochote kile, tena bila sababu ya msingi, kuwa mama huyo kuendelea kulea mimba yake hadi ajifungue, kunaweza kumsababishia msongo wa mawazo.

Msimamo ya Jumla: Sheria za Tanzania ziko wazi juu ya utoaji mimba, kuwa ni kinyume kosa la jinai, ambalo adhabu yake ni kifo! Shida ya Tanzania ni kuwa sheria zetu hazitekelezwi! Sijawahi kusikia mtu amehukumiwa kwa kosa la kutoa mimba, despite ya kuwa kuna tuhuma chungu nzima kuhusu kosa hilo! Na wengine wanashikwa wakiwa wametupa vichanga walivyojifungua!

 

[Mbute na chai]

RodrickMaro;

Ebu ongea kama learned brother/sister si kunukuu vifungu tu na kushindwa kuaply interdisciplinary approach. Sheria kwa sehemu kubwa, achilia mbali sheria za asili (natural law), hutokana na mahitaji ya watu husika kwa maana ya kwamba, sheria sharti itokane na matakwa ya watu (jus gentium) na kama kuna sehemu ina lex aequo et bono basi sheria huwa halali.

Abortion kwa Tanzania kuwa halali au kutokuwa halali kisheria, lex naturalis inapinga lakini jus gentium inaweza kuhalalisha.

 

[Mahamijr.]

for me it I think it is still bone of contention

 

[Haika]

double R,

I feel that you are not a person who is being taken by the blowing wind.

However, the statements above dont show it.does it mean that because we can not enforce the law, then the law should be removed?or because it is an endervour which many aspire to then we should legalize it?

May I ask you of any reason you know thay laws are made?I would say among many, is to protect the weak and vulnerable. Like in theft, bribery etc, In life the weakest person is the unborn baby, whose existence is known only by few.

Those few people who know about the pregnancy, depending on their feeling, they can cherish the 'baby' or 'lget rid of the messy blood'When is the unborn baby a baby? only when it is being loved or even when not?Who should protect her/him if the mother/father regrets being associated with the baby?

I have met several people who have done abortion, some regret, some dont. But so are other bad things we do to each other, in some cases we regret, in some cases we dont even know why they call it a 'wrong deed'That is life.I want to protect the most vulnerable person ever created, the person without a name, who is in place where no love is availalbe. where loving people can not reach her/him.

 

[double R]

Haika, I like the way you express the idea of for whom are laws made. My view was from reality in the society and data. If it is to protect the vulnerable, the point of enforcing it is more important.

Currently it rings double chaos, that we are loosing the unborn and risking the mother due to unsafe abortion. I stated before if we choose either the two options of legalizing abortion or not we should measure the risk in our setting as per practice but certainly human being is capable of doing anything to accomplish wishes.

 

[Haika]

double R, It is true we are at cross roads. The good thing with crossroads, is that, there are options to choose from, we are at a moment where we can choose where we want to go.
And this can be individually or as a country.
We expect the decision makers of the country to choose well and to hav ideas on how to lead the people from this pelace where the mother and infant are all at risk,

 

[Buyaka]

Naomba urudi pale nilipo kunukuu na uniambie mchango wako umesaidiaje.

Hujasaidia kujibu swali.

Kusahihisha swali ama kujaribu kuelewana swali ni nini, tayari ni hatua katika kujibu swali.

Mtu akisema "Je, kutoa mimba kuwe halali ama haramu?" halafu mimi nikasema, "kutoa mimba tayari ni haramu!"

Utanambia sijasaidia kujibu swali? Kweli?

Mtu anasema "rafiki yangu alikufa akitoa mimba kiharamu haramu, inasikitisha sana kwa sababu ilikuwa kabla ya kufanya mitihani yetu ya mwisho." Sasa hii ni sababu yake ya kwa nini turuhusu kutoa mimba kihalali, ama tusiruhusu. Mi namuuliza, kwa hiyo angekufa baada ya kumaliza mitihani ingekuwa poa? Unanaimbia sijachangia kujibu swali. Nakushangaa sana.

 

[Bernadetta]

I agree with you in legalizing abortion so as to decrease the deaths from unsafe abortion procedures.

I dont agree it will lead to chaos. I will tell you why, the law that forbid abortion in Tanzania is silent law, though it exists people still abortion everyday without fear of it. Doctors do not turn away woman from hospital, they just conduct the procedures like they are legal.

Come to think of it, I think women who go to street doctors or resolt to home remedies do so not in fear of the law but rather in fear of their families or because they are students who do not have money to go to the hosspital to do it properly. How many grown up women have you heard died as a result of abortion?