Sex disease, impotency among grounds for divorce in Malawi marriage bill criticised

Human rights activist Gift Trapence of the Centre for Development of People (Cedep) has appealed to President Peter Mutharika not to rush in assenting to e Marriage, Divorce and Family Relations Bill, into law, saying the bill has all good intentions only that it has been spoiled by some discriminatory aspects.

Kilembe:

Kilembe: Declare health status when entering into marriage

He cited the discriminatory aspects such as impotency and infecting your spouse with a Sexually Transmitted Disease as grounds for marriage dissolution.

Trapence said the bill “needs to be rectified “before the President assents to it

The new bill, in section 77(1), states that the grounds for nullification of marriage may be “that the respondent (the one sued) was permanently impotent at the time of Marriage” or “that the respondent was at the time of the marriage suffering from a sexually transmitted infection”

Lawyer Felisah Kilembe has however defended the marriage and divorce law.

“For example, on the issue of (Sexual Transmitted Infections) STIs, (or impotency) the marriage will only be annulled if
the petitioner was not aware that the respondent had the STI or was permanently impotent at the time of marriage and the proceedings must be brought up within one year of marriage.

“This in a way protects innocent parties from unscrupulous people who may enter into Marriage without declaring their health status to the detriment of the other party.

“At the same time, it protects the rights of those with STIs because the courts will not entertain any annulment of marriage on this ground if the petitioner was aware of the facts and also if the proceedings are not brought within one year of the marriage (as stipulated in the law)”

Critics argue that there are many mistakes in the Bill because it lacks the commonality required of national legislation, saying where the law states that women can divorce their husbands on the ground of impotency “a scientific definition of impotency must be provided so that there is agreed upon benchmark.”

Further, critics say research has shown that marital coercion affects the women more than the men. This is because most women are still largely dependent on the men for their livelihood.

Some fear if the President will assent the bill into law in its current form, it will provide a great opportunity for more individuals to become “sexually independent” and that there will not be commitment in relationships.

As a consequence, men will consort more with men and women with women because of complex social implications of heterogeneous relationships.

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kwanda mngonyama
Guest

we nakilembe weya po umoghite mukolowe??????

WELL WELL
Guest
All that is in the law is subjected to the burden on proof. How do you establish impotence when you are not supposed to consummate the relationship out of marriage? How do you establish the point of infection in the marriage? Should the application of the marriage certificate be accompanied with a health clearance report? Now which public hospital will afford this when we cant even afford simple malaria tests (without the support of donors)? Will every marriage be required to have a marriage certificate? Will our systems have the efficiency of processing every single marriage certificate application in a… Read more »
peace
Guest

You people must know the difference between impotence and infertility. Impotence is inability yo have sex whereas infertility is inability to bear children. Infertility is not a ground for divorce in this law.

peace
Guest

You people must know the difference between impotence and infertility. Impotence is inability yo have sex whereas infertility is inability to bear children.

Guley
Guest

Amuna ambiri kulephera kutota nde vuto lawo mpake ma advert ali mbwee mu news a erection cream. Musova inu ndi timatotedwe tangati nthawi ili 25 to 6 penanso half past six. Chilungamo chake ngati sutita ngati quarter to 9 kumakwera mmwMba mpaka 10 to 10 uli ndi vuto. you are impotent

Chitima
Guest

nanga si mathanyula a Trapencewo za impotence sizikuwakhuza aah

KBY
Guest

OChibwe kikkkk. Owo. Kkkk

Malindima
Guest

This bill is clear to all Malawians with good frame of mind.Who can allow to be infected with STDs including HIV and you continue to stay in that relationship?Who can allow people to be taken for a ride; to marry a partner who does not reveal her status just because either one of you sought after has wealth? That’s deceit and such a marriage MUST be annulled.

Gonapajiya
Guest

Why do we need parliamentarians in this country? Just for this nonses, know this good for nothing ki$embe for you to be born your parents went to consult a fetish priest to administer charms to have you.
Watch out the scores on the score board, you will be surprized

Chitseko
Guest

Ine ndimamvera zomwe Baibulo limanena.Limanena mwamvemvemve kuti “sex” ndi ya anthu omwe akwatirana officially.ndiye lamulo lanu lopusali mwati tizidziwana m’mene tilili m’thupi tisanakwatirane?kwa ine nde mwanama.mkazi wanga tizadziwirana m’banja ngati sakufuna,ndiye kuti “no_woman_no_cry” kwa ine.

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