28/01/2024
SICKLE CELL IN MARRIAGE
A couple of weeks ago it was widely reported by a number of online and offline newspapers that the Anambra State House of Assembly had made it mandatory for intending couples to show evidence of their Sickle Cell blood tests, to ensure that carriers of the sickle ell or blood incompatible couples do not celebrate marriages within the state. It actually criminalizes those who celebrate such marriages and imposes a prison sentence on them and those who solemnise such.
The law known as Sickle Cell Disease Control and Eradication Repeal sought to eradicate sickle cell anaemia in Anambra State and set those living with it free from all kinds of oppression, abuse and exploitation. https://punchng.com/anambra-assembly-passes-law-banning-marriage-between-sickle-cell-carriers/
While it has been hailed as a laudable act on the part of the State Assembly, I wonder if the passing of the law has been well thought out.
No one can legislate love. It is a very trying time both for sickle cell carriers as well as their family but without counselling, education and awareness, the law is bound to exist only in the statute books. The Law failed to check couples who live together outside of marriage and have children in such unions.
This law has applicability only in Anambra State and so couples may visit the next state for their statutory marriages. The law it appears wishes to capitalise on the celebration of traditional marriages. This may reduce the celebration of traditional marriages or their deferment.
It is doubtful that the State House of Assembly can make laws about marriages as it is within the purview of the Federal Government to make laws about the celebration of marriages; this is to ensure uniformity in our marriage laws.
Fundamental Human Rights that are contained in our constitution, in particular, the right to enjoyment of life, right to freely associate with persons of one’s choice, appears to have been infringed with the passing of that law,
Just like the Osu System, which legalisation has failed to abolish, the love or relationship of two persons who carry the sickle cell traits cannot be abolished by legalisation.
The Nigerian constitution declares every person free and equal before the law. Therefore, all Nigerians are constitutionally entitled to fundamental human rights, including the right to freedom from discrimination.
While the pain associated with sickle cell anaemia both for the sufferer and the entire family is enormous, it begets the question if such a couple must have children at all, and if they choose to, are there not enough genetic investigations to tell from conception if the foetus carries the trait?
The current law against marriage between two sickle cell carriers is another law that may gather dust in the law books if it is not promoted in the form of social education and community sensitisation.
Share your thoughts on the possible social as well as legal consequences of this law. Would you have voted for or against it
Credits: Sisi Lawyer on Linked in in 2019