During her first-year at one of Malawi’s public universities, Linda (not real name) was raped by her lecturer. But the ordeal remains traumatising till to date for Linda. “I was staying with my aunt and I was excited to have gotten into a public university,” explains Linda.
“All I ever wanted to do was focus on my studies so that at the end of everything, I should make my family proud.” Sadly, in her very first weeks of higher education, she was raped by one of her lecturers who had been pestering her. “It was an encounter that still haunts me,” she says. The unfortunate encounter with the beleaguered lecturer resulted in pregnancy.
She didn’t want to keep it; after all she was young and wanted to pursue her education. MWNation Newslock-paragraph”>Linda’s family was unaware of the sad scenario. After thoroughly thinking about the situation, Linda opted to visit a public health facility to access safe abortion.
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According to Section 19 of the Gender Equality Act, the right to safe and legal termination of pregnancy is guaranteed in situations involving sexual violence. Similarly, the National Sexual and Reproductive Health and Rights (SRHR) Policy states that safe abortion shall be provided in accordance with what the law stipulates. And while the law restricts safe abortion, Section 243 of the Penal Code makes an exemption that it can only be procured when either the life or health of a woman is in danger. Reads the section: “A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time, and to all the circumstances of the case.”
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