Trapped at home

My husband has confined me to our home against my will, claiming that his jealousy and fear of losing me justify this action. He has taken away my means of communication, locked the doors, and threatened consequences if I attempt to leave. He insists that this is for my protection and that he is doing it out of love, but I feel trapped and afraid. I have tried reasoning with him, but he refuses to let me go anywhere unless he accompanies me. I am starting to feel isolated from my family and friends. I am concerned about my safety and the emotional toll this situation may take. I am unsure of what legal steps to take or how to escape this confinement without escalating the situation. What rights do I have under Tanzanian law, and how can I seek help? Please guide me.
ZZ, Dar es Salaam

In Tanzania, restricting a spouse’s movement against their will may constitute domestic violence and unlawful confinement, all of which are punishable under various laws. The Penal Code [Cap. 16, R.E. 2022] (Penal Code) criminalises acts of unlawful confinement, while the Law of Marriage Act [Cap. 29, R.E. 2019] (Law of Marriage Act) provides legal protection against abusive behaviour by providing the option of divorce for troubled marital relationships. Additionally, the Constitution of the United Republic of Tanzania, 1977 (Constitution), guarantees every individual the right to personal freedom and security, and no person shall be unlawfully deprived of their liberty.

Article 17(1) of the Constitution provides that every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic. (2) Any lawful act or any law which is intended to (a) curtail a person’s freedom of movement and to restrain or imprison him; or (b) limit a person from exercising his freedom of movement so as to  (i) execute a judgment or court order; or (ii) compel a person first to comply with any obligations arising under another law; or (iii) protect public interest in general or preserve certain special interest or interests of a certain section of the public, such act or law shall not be construed or be held to be repugnant to or inconsistent with the provisions of this Article. Sadly your husband’s actions and his reasons for confining you violate your freedom of movement.

In addition, section 107 of the Law of Marriage Act considers cruelty, whether mental or physical, inflicted by the respondent on the petitioner of divorce or the children, if any, of the marriage, as evidence that a marriage has broken down irreparably, warranting the granting of a divorce. Forced confinement can be considered cruelty. Furthermore, section 253 of the Penal Code provides that a person who wrongfully confines another person is guilty of an offence and is liable to imprisonment for 1 year or to a fine of TZS 300,000.

Consider reporting the situation to the police, as unlawful confinement is a criminal offence. Alternatively, seek legal advice from organisations specialising in domestic violence cases or try reaching out to family, friends, or a trusted individual in your husband’s household for support in safely leaving the situation. You do not have to endure this alone; there are legal measures to protect you and ensure your freedom. Consult a lawyer for further guidance.