When issues of gender equality, sexual harassment and violence against women are being discussed, there is always the argument that the Nigerian law makes it easy for women to be harassed without repercussions before the introduction of VAPPA. However, the ratification and domestication of VAPPA in some states has not eradicated the use of the legislations that enable abuse of women and allow women’s fundamental rights to be legally eroded.
There are diverse legislations in Nigeria that are discriminatory against women in Nigeria: they include the Nigerian Military Force, the Police Act, the Labour Act 2004 and Nigeria Tax laws.
In particular, one of the legislations that enable violence against women and works against gender equality is the Penal Code. It has been identified over time as an enabler of violence towards women.
The Nigeria Penal Code Act is basically a legislation that thrives in the northern states of Nigeria and the act is grounded in tradition, customs and beliefs that preach that women are inferior to men and operates on a double standard basis in prescribing punishment for being found guilty of alleged offences.
Consequently, different level of punishment is prescribed for the same offence depending on the gender that is alleged to have erred. In particular, certain provisions of the code obviously reflect the difference in how each gender is viewed and the superiority that is accorded to the male gender.
For instance, the Penal Code, in its provisions, makes it a felony to assault a man and prescribes a sentence of a maximum imprisonment for three years to anyone found guilty while it makes it a lighter offence if same is done against a woman. It categorises assault on a woman or girl as a misdemeanor rather than a felony. And the maximum sentence for imprisonment when a woman is assaulted is pegged at two years.
The blatant truth is that the Penal Code is disproportionate in the way it applies to women in most cases than when a man is involved. For adultery cases, the charge for adultery carries a death sentence for someone who is married or divorced. But for a man to be convicted of adultery, he would have been caught in the act by four independent witnesses whereas a woman needs only be convicted on the evidence of pregnancy alone.
A look at Section 55 of the Penal Code Act reveals that it doesn’t consider it an offence if a husband inflicts harm on his wife for the purpose of correcting her. This gives liberty to men to carry all forms of violence and degrading acts on a woman once they are married to the woman. It also erodes the woman’s right to uphold her fundamental rights against violence.
This is a law that enables violence against women. And while Section 55(1) (d), is subject to customs that have been recognised as lawful and allows a husband to “correct his wife” as long as it does not amount to “grievous hurt.” The term grievous hurt has been subjective as there is no clear line on what constitutes grievous hurt.
Section 55(2) goes on to state that the correction must be reasonable in kind or degree with regards to the age, physical, and mental conditions of the person being corrected. Grievous hurt is defined in section 241 as “(a) emasculation; (b) permanent deprivation of the sight of an eye, of the hearing of an ear or the power of speech; (c) deprivation of any member or joint; (d) destruction or permanent impairing of the powers of any member or joint; (e) permanent disfiguration of the head or face; (f) fracture or dislocation of a bone or tooth; (g) any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain or unable to follow his ordinary pursuits.
It however fails to recognise that there are grievous hurts that go beyond the physical and are equally devastating and can be tragic as many woman have ended up with unseen internal damage that has made them walking corpses just because they are subjected to ‘corrections’ from their husband with the backing of the Penal Code.
The law concerning abortion is found in sections 232. Referenced in the law as the causing of a miscarriage, abortion is only legal to save the life of the mother. Any person, including the mother, can be guilty of the offence and will be punished with up to 14 years in prison, a fine, or both. Sections 233 to 235 however highlight the issue of causing a miscarriage intentionally or unintentionally through acts against the mother. These offences also carry a penalty of imprisonment, fines, or both. Section 282 discusses rape and specifies that sexual intercourse by a man with his wife is not rape if she has gone through puberty.
To be continued.
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