In Tanzania ABORTION is generally prohibited by the state law, many people are confused about the position of law in Tanzania about abortion. Abortion is the process of ending the pregnancy by removing the embryo (unborn child) before it can be derived to the world.
In some country abortion is prohibited due to the fact that, by aborting the right to life is being violated, the human rights activists believe that even the embryo or fetus or unborn child has life, so if life is ended their right to life will be violated. Tanzania is one of the countries which criminate and prohibited abortions.
Abortion is prohibited in many countries including Tanzania because it violates the right to life of the unborn child. Article 14 of the United Republic of Tanzania Constitution of 1977 as amended time to time, provides that every person has the right to life in accordance with the law, so the human rights activists believed that even the unborn child has their lives which should be protect.
The Tanzania penal code cap, 16 revised edition 2002 under section 150 to 152 the whole situation of abortion has been prohibited not only to the woman who abort her unborn child but also those who participate in the whole process of ending the life of the unborn child.
Section 150 of the Penal code provides that, Any person who with intention to procure miscarriage of a woman, whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.
Section 151 provides that, Every woman being with child who with intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for seven years.
Section 152 provides that, Any person who unlawfully supplies to or procures for any person anything whatsoever, knowing that it is intended to, be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and is liable to imprisonment for three years.
Therefore according to Tanzanian laws abortions is unlawful, is the criminal offence to engage in any matters concerning abortion.
In laws they say that every law has its own exception that means even in matter of abortion there are exceptions which will not make a person criminal due to performance or involvement of abortion or guilty of felony .This is due to the provision of the same law (Tanzania penal code).
Section 230 of the Act provides that, A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation benefit, or upon an unborn child for the preservation of the mother's life, if the performance of the operation is reasonable, having regard to the patient's state at the time, and to all the circumstances of the case.
In good faith means that there are circumstances which can make a doctor end the life of the unborn child without being charged on with an offence, this circumstances can be either, if by leaving the unborn child in his mother’s uterus may endanger the life, health of the mother so the law may let the doctor save the life of the mother and end that of the unborn child hence no criminal offence or guilty of felony and the person to perform it should be the one with authority.
Prepared by FAUSTA DANIEL
Human Right Activist at SAUT Human Rights Center (Kituo cha Haki za Binadamu).
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