Ghana is in the process of introducing a Domestic Violence Bill which is supposed to “give some protection to married and unmarried women who face rape and other forms of sexual abuse”. However the proposed Bill contradicts a section of Ghana’s criminal code which does not allow married women to accuse their husbands of rape. Attempts to change this have so far failed.
The section in question (Section 42 (g) of the Criminal Code of 1960 (Act 29) dates back to an old British law which says that
a husband and wife have consented, by the mere fact of getting married to use force against each other. It goes on to say that that consent to use force against each other cannot be revoked unless there is a divorce or the marriage is annulled.
Although the law is based on British law, Ghanaian custom and tradition have been used as the basis of argument against the inclusion of the section on marital rape. Women are having to defend the bill on the basis that it
was not a tool to empower women to misbehave towards their husbands as is being perceived in some circles…. She said the bill would curb violence against everybody including men, women, the aged, boys, girls and children in the society….”Assault, battery, cruel and widowhood rites, among others, are prohibited under the Consolidation of the Criminal Code 1960, Act 29″. Unfortunately, our society and culture do not permit the law to deal with violence that occur within our homes, between relatives and people within the home”.
The voice of the preservation of the status quo – do not allow [married] women any rights lest they end up turning the system upside down and men being wind up being trampled on like elephants on ants.
Why should Parliament pass a bill which will allow our wives to trample upon us and deny us conjugal rights? Why should parliament pass the DVB when Guinea Worm is endemic in Ghana, and there is a clear and present danger posed by the possible arrival of the H5N1 virus?
I am not quite sure how Guinea Worm fits into the debate unless of course the possibility that “conjugal rights” of man may lead to the spread of a virus of further rights of women.
Kenyan bloggers will of course recall the recent debate over the Sexual Offences Bill in the blogosphere. The Bill was eventually passed but with so many amendments it doesnt seem clear what exactly is covered in the Bill. Nonetheless it seemed from the blog discussions that most bloggers were on the whole dissatisfied with the Bill. One of the arguments used in favour of the Kenyan Bill was that it would protect boys and men as well as girls and women – similar arguments are also being presented in Ghana.
DVBill will provide protection not only for women and children, but for all (that is, men, women and children) when passed………….Because, there are certain men who are victims of domestic violence at the hands of their wives in the domestic setting. It is gender neutral and does not seek to protect any particular sex or group more than the other. The Bill does recognize that most victims are women and children, but provides the measure of protection to men, women and children alike.
Although the Ghanaian blogosphere is relatively small and so far I have not come across any posts on the subject, there is some debate taking place in the mainstream online news on various Ghanaian newspapers and journals:
Accra Mail
Ghanaian Chronicle
Ghana Palaver
AllAfrica.com/Ghana
