Ukuthwalwa

In South Africa, ukuthwala is the practice of abducting young girls and forcing them into marriage, often without the consent of their parents.[1] The practice occurs mainly in rural parts of South Africa, in particular the Eastern Cape and KwaZulu-Natal.[2] The Basotho call it Tjhobediso. Among the Xhosa and Zulu people, ukuthwala, or bride abduction, was once an acceptable way for two young people in love to get married when their families opposed the match (and so actually a form of elopement).[3] Ukuthwala has been abused, however, "to victimize isolated rural women and enrich male relatives."[3]

While the practice of marriage by abduction or marriage by capture may be traced back to ancient times, however the abductees are often reported to be under-aged girls, including some as young as eight.[4] The practice received negative publicity, with media reporting in 2009 that more than 20 Eastern Cape girls are forced to drop out of school every month because of ukuthwala.[5]

Origins

The first known example of the practice can be traced to ancient Roman traditions. According to sources, The Rape of the Sabine Women was an incident in Roman history in which the men of Rome committed a mass abduction of young women from neighbouring tribes in the region. The Rape occurred in the early history of Rome, shortly after its founding by Romulus and his mostly male followers. Seeking wives in order to establish families, the Romans negotiated unsuccessfully with the Sabines, who populated the surrounding area. The Sabines feared the emergence of a rival society and refused to allow their women to marry the Romans. Consequently, the Romans planned to abduct Sabine women during a festival of Neptune Equester. According to Roman historians such as Livy, many people from Rome's neighboring towns attended, including folk from the Caeninenses, Crustumini, and Antemnates, and many of the Sabines. At the festival, Romulus gave a signal, at which the Romans grabbed the Sabine women and fought off the Sabine men. The indignant abductees were soon implored by Romulus to accept Roman husbands. Livy claims that no direct sexual assault took place, albeit the fuller evidence, when compared with the later history, suggests a seduction based on promises by the Romans and then betrayal of those promises. Livy says that Romulus offered them free choice and promised civic and property rights to women. According to Livy, Romulus spoke to them each in person, declaring "that what was done was owing to the pride of their fathers, who had refused to grant the privilege of marriage to their neighbours; but notwithstanding, they should be joined in lawful wedlock, participate in all their possessions and civil privileges, and, than which nothing can be dearer to the human heart, in their common children."

In South Africa, the custom originated from the Xhosa people, though the practice has expanded into different ethnic groups.[2] The act of ukuthwala traditionally required the culprit to pay one or more head of cattle to the father or legal guardian of the girl.[6] Unsuspecting girls who had not consented to ukuthwala usually did not object to its purpose. Sometimes the girl genuinely did not wish to be married, although usually girls were conditioned from childhood to look forward to the day, and to believe that marriage and childbearing are the fulfilment of life.[2] A modern interpretation of this practice encourages men to abduct young girls (commonly under 18) for the purpose of marriage.[7]

Prevalence

In Lusikisiki in 2009, there were instances of young girls, from orphanages, being forced into marriages to older men.[8] There have been instances of young girls being forced into illegal marriages to old widowed men (about 55 to 70 years).[9]

The practice of ukuthwalwa has been apologised as a mock abduction or an irregular proposal intended to achieve a traditional law marriage.(Bennett Customary Law in South Africa -2004)[10]

Even though the laws are not stringent enough to curb such a custom, The Parliament of The Republic of South Africa is focusing on preventive measures to empower women to report cases of exploitation and mobilizing community action for such incidents.[11]

See also

References
  1. "Archived copy". Archived from the original on 2014-01-13. Retrieved 2014-01-13.CS1 maint: archived copy as title (link)
  2. Sarah Condit (2011-10-28). "Child Marriage: Ukuthwala in South Africa". Genderacrossborders.com. Archived from the original on 2013-04-25. Retrieved 2013-01-11.
  3. Dixon, Robyn (12 July 2012). "Bride Abductions 'a distortion' of South Africa's Culture". Los Angeles Times.
  4. "When 'culture' clashes with gender rights". Mail & Guardian. 2011-12-02. Retrieved 2013-01-11.
  5. Lea Mwambene and Julia Sloth-Nielsen. "Benign Accommodation? Ukuthwala, 'forced marriage' and the South African Children's Act" (PDF).
  6. "DOJ&CD: Publications/Ukuthwala". Justice.gov.za. Retrieved 2013-01-11.
  7. Roux, Cornelia. Safe Spaces. p. 176.
  8. BBC News (14 October 2009). "Stolen youth of SA's child brides".
  9. Treatment Action Campaign. "LUSIKISIKI GIRL ABDUCTED IN KWA NCELE".
  10. McQuoid-Mason, David. "Obiter". Archived from the original on 2010-11-28. Retrieved 27 August 2009.
  11. Parliament of The Republic of South Africa. "Women Still Face Many Challenges". Archived from the original on 2010-11-28. Retrieved 2011-07-22.
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