By Staff Reporter
Harare– The High Court has ruled that a law that prevented safe abortion for minor girls and married women who are victims of rape unconstitutional.
Justice Maxwell Takuva made this landmark ruling, stating that Section 2(1) of the Termination of Pregnancy Act [Chapter 15:10] is invalid.
This decision came after Women in Law Southern Africa and Talent Forget filed a case against Health Minister Douglas Mombeshora, the Parliament of Zimbabwe, and Attorney General Prince Machaya.
The applicants, represented by lawyer Tendai Biti, sought to change the existing law, which they argued violated the rights of rape victims.
Justice Takuva acknowledged the significance of the case, especially considering the high number of teenage pregnancies in Zimbabwe.
These pregnancies often lead to illegal and unsafe abortions, which can result in serious health complications or even death.
The applicants argued that since marital rape is now a criminal offense, victims of such abuse should also have the right to safe, legal abortions.
Under the Termination of Pregnancy Act, abortion is only allowed if the pregnancy endangers the woman’s life or physical health, if the unborn child is likely to have a serious disability, or if the pregnancy resulted from unlawful intercourse, such as rape or incest.
However, the law previously excluded cases of marital rape and pregnancies involving minors under 18 from the definition of “unlawful intercourse.”
The applicants argued that this exclusion violated the constitutional rights of these vulnerable groups.
They pointed out that failing to include pregnancies of minors as “unlawful intercourse” ignored the fact that sexual activity with anyone under 18 is illegal.
Justice Takuva agreed with the applicants, stating that denying these groups access to safe abortion breached several constitutional rights.
He highlighted that the Constitution guarantees every individual’s dignity and protects them from torture and degrading treatment.
He noted that forcing teenage girls and victims of marital rape to carry pregnancies to term undermines their dignity and well being.
The judge highlighted that these constitutional protections are fundamental, equating the right to dignity with the right to life.
He pointed out that the law’s failure to recognize these rights was not only outdated but also harmful.
The High Court’s decision will now go to the Constitutional Court for final confirmation.
Justice Takuva expressed hope that this ruling would help protect vulnerable girls and women, ensuring they have access to safe and legal abortion when necessary.
