On crime and punishment
Murder is never a
good thing, the victim having lost their life and the perpetrator having
committed a heinous crime which by all standards of justice should be punished.
Whilst homicide
should be adequately punished to reflect the crime, I have never been an
advocate of capital punishment. I do not subscribe to the old Mosaic Law
concept of an eye for an eye.
If ever I were in a position to plead for mitigation, it would be to temper justice with mercy, asking for a level of compassion that appreciates the gravity of offence but a lenience that would be both instructive and reformative of the perpetrator.
Yet, I would make an exception, on the matter of mercy for child sex abusers, whilst I would never go as far as advocating state-sponsored mutilation, there is nothing that suggests such people should walk our streets freely. No length of incarceration can judiciously expiate for the damage wrought on the innocence of a child whose sexuality and sexual expression has been violated for the inordinate pleasure of an adult.
A child bride is wrong
This brings me to
the case in Nigeria of a 14-year old bride, Wasilu Umar, who is to be charged
with culpable homicide punishable by death for poisoning her 35-year old
husband along with, unfortunately three other males aged 12, 13 and 25
respectively, besides the 10 others who survived, though after needing hospital
treatment.
So many things do
not sit right with this case which needs to be scrutinised without emotion. The
first issue is, why is a 14-year old a bride? That ought not to be so, that she
was pressed into this liaison by her father is both unfortunate and really, putting all religious sentiment aside, cruel and criminal.
Then, she was married
off to a 35-year old; this sort of shameful and reprehensible conduct needs to
be expunged from our society and anything that gives licence to this kind of
culture needs to be excoriated in the sternest terms.
Betrothal maybe, but never marriage
There might be scope for betrothal, but marriage must come much later, at the minimum, it should be the age of maturity, at 18 years, for instance, and it should be only be sanctioned where all parties have the full rights to consent to such a union. The girl, there are no two ways about it - a female of 14 years of age is NOT a woman, she is a girl and should not be made into a woman regardless of societal privations for the sexual proclivities of a patriarchy that cares little about the welfare of the girl-child.
The unfortunate
situation of marrying off a girl to someone who could easily be her father thereby putting the life of 14 souls at risk, 4 people dead already, bears the hallmarks of a
serial killer, 14 people would have been carnage unspeakable, but we must never
absent our minds from the cause and we must not be blinded from the truth.
Slavery is the name
The next question
is why a 14-year old girl has to cater for 14 people, whilst extended families
are attributes of the Nigerian culture and many including children have to play
their part within the family, the idea that a girl has to cook for or serve 14
people smacks of that forgettable word called slavery.
That any society
would accept and condone such because I do not think this girl is an exception
is contemptible, it needs to be addressed with urgency, it is abuse, it is vile
and there must be instruments to elevate the rights of a child beyond being
sentenced with juvenile marriages contracted for the purpose of submitting the
girl to an abysmally cruel life of servitude in the kitchen and in the bedroom.
Society must reflect on what to do
Then the next
question is, should she be punished for the crime? There should be a
punishment, but it should not be capital punishment. For the innocent lives
lost, there is no clear indication as to whether the girl at 14 really knew
what the consequences of her actions would be. There is a case also for
pleading her innocence due to diminished responsibility.
We may not be able
to apply the first world aspirations of a happy marriage to this situation, it was
anything, but happy. Much was asked of this girl well beyond her abilities that
those responsible must carry a share of the blame. Her father first, her
husband, now deceased, and the society or community that celebrated this or
turned a blind eye until bodies began to fall into graves.
Most of all, what
the girl needs is rehabilitation, the decision to make an example of her is a
sad reflection of a society unwilling to stand for right and stand for the
emancipation of the girl-child. The greater absurdity to this matter is how this society automatically ascribes womanhood to a girl the moment some dirty old
man takes her for a wife.
Protect the girl
In essence, the
girl is being tried as an adult. I am saddened by this development, I hope that
better judgement prevails to give the girl another chance to grow out of
childhood into womanhood with all the opportunities girls of that age are
supposed to have – some freedom to be a child, the latitude to be an adolescent
and the right to a decent education.
I cannot suggest that
they send the girl home because there is where her problems started, but she
does have to be sent somewhere where her life, her rights and her freedoms are
fought for vigorously and protected by every means possible.
This charge of
culpable homicide punishable by death is by all standards a shameful societal regression
that must never be countenanced.
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