A Compulsory Research Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for the Award of Bachelor Degree of Laws (LL.B) of Mzumbe University
This research paper discusses the Critical Analysis on the law relating to matrimonial offense of wife battery in Tanzania, case study at Kawe Area. The work contains Five Chapters, Chapter one, plasters on the general background of the problem, statement of the problem and formulation of hypothesis that will guide this research. It also serves as a general framework for the wholly substances enclosed and entrenched within the research. Chapter Two, Introduce the concept of wife battery contains the meaning of the wife battery, reasons for the wife battery in kawe Area, the prevalence, and attitude of the society towards wife battery and the law enforcement officers and their roles. Chapter Three, Analyzing the law relating to matrimonial offense of wife battery against using various legal instruments both national and international. It also torches the judicial jurisprudence of the offense of wife battery much on decided cases. Chapter Four, explores the Findings and Critical analysis on the law relating to matrimonial offense of wife battery. Findings indicate that the law governing wife battery and the gaps that has to be identified on the specific laws. Chapter Five, makes a broad-spectrum conclusion of the whole research and recommendations that the enactment of law is necessary as well as educating people on their rights concern to the wife battery offense. Also, laws are not in their favor but because of their ignorance of law they cannot enforce them. The research introduces the concept of Wife battery in Tanzania and also shows the Historical Background on the offense of wife battery and on how a woman faces the abasement in their marriage in Tanzania. This research paper discusses about fighting against wife battery in Tanzania, making Kawe Area in Dar es Salaam Region a case study. In the course of the discussion, the paper inquiries into the magnitude of the problem and looks at the legal position in respect of fighting against the problem. The findings of the research reveal that many married women suffer due to spousal battery in Kawe Area. What is presented herein this paper is a reflection that wife battery is not only a matrimonial problem in Kawe Area but also a countrywide long rooted culture whose eradication needs concerted efforts. The paper puts in the lime light some of the weaknesses in the LMA in relation to addressing wife battery problem. It argues that little is available in the Act in relation to legal remedies to deal with the problem. Moreover, the study reveals that some members of the society and law enforcement officers take wife battery as an individual or private affair, which does not need an attraction of others’ interference or even penal sanction. Basing on the findings of the research, the work makes recommendations aimed at remedying the situation so that matrimonial homes ever remain haven of peace. Such as the need of anti-domestic violence legislation on the violence against wife battery in Tanzania. Most of the spouses are acted against this provision and they inflict corporal punishment, the law does not provide for the enforcement of the punishments in case once it happens someone right has been infringed due to this circumstance, we need to have the law, Use mass media - Radio, TV, Newspapers, and Press Releases. This will enable many people to become aware with the wife battery offense even to those who have not get education most of the people are using mass media such as radio, television and work together with the Police Force specifically the Women’s Desks in the Police Stations to enhance their capacity to tackle gender-based violence such as wife battery. The police force would enable to eliminate the wife battery. Most of the people are afraid of being prosecuted so they would ensure that they are not commit violence to their partners, the specifically women desk in police must be strictly when handled the issues of the wife battery as it is the serious issue that may amount to the lot of the consequences.