By Ilyana Sithole

The 10-month prison sentence imposed on a 34-year-old woman from Tshlotsho for concealment of birth brings into sharp perspective some very profound questions as to where society stands vis-à-vis the case on hand, psychological and mental health considerations, and what exactly is the legal effect of such actions.

WOMAN JAILED FOR CONCEALING BIRTH OF CHILD
A 34-year-old woman from Tshlotsho was brought before the Tsholotsho Magistrates’ Court for contravening the Section 106 (1) of the Criminal Law (Codification and Reform Act) Chapter 9:23 that is ‘concealing birth of child’.The accused person gave birth to a baby girl and threw the body into a pit toilet on the 4th of October 2024 at around 0400 hours. She suffered severe bleeding until a witness discovered her in the toilet. The accused person revealed the matter to the witness. The accused person concealed the pregnancy from March 2024. The body of the baby was retrieved from the toilet pit, a post-mortem was conducted which revealed that the baby had died from severe pre-maturity.The accused person was sentenced to 10 months imprisonment.
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National Prosecuting Authority of Zimbabwe

This tragic incident reflects not just one desperate moment but a societal challenge faced by many women in Zimbabwe. For months, the woman had concealed the pregnancy until it reached that shocking act, which cost her new baby its life. The legal consequences are severe, but one has to consider the circumstances that drive someone to such a desperate decision.

Most women have to bear the burden of stigmatization in societies concerning unplanned pregnancy. The fear of this judgment often becomes overwhelming for them, which leads them to make choices that have disastrous effects. In this scenario, too, the reason for this decision of the mother can be related to a complex interplay of fearful, shameful feelings, and inadequate support for having the pregnancy disclosed.

Moreover, the legal landscape dealing with such issues seems incomplete to tackle the root cause. The law, though enacted to preserve the sanctity of life, must consider the complications that surround a woman’s mental health and socio-economic pressure that lead to such a drastic action.

A mere 10-month sentence does little to address the root causes of this tragedy. This is also an ethical reflection of justice with rehabilitation and not punishment. Instead, what should be advocated for are comprehensive support systems-addressing mental health, providing education on reproductive health, and offering community support for women in crisis.

We have to fight for breadth in a society where pregnancy and motherhood are subjects that are too often laden with shame and left closed to open discussion. Identifying the psychological and social elements will provide better ways of prevention and support and thus save lives.

It is in this case that the Tshlotsho woman represents more than a mere legal case; it is an appeal to the policymakers, the fraternity of mental health, and the whole society to make available an environment for women to seek help without resorting to secrecy and desperation.

Let us, as we reflect on this incident, pray for a future where every woman will be able to confront her predicament with dignity and support, rather than fear and isolation.

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