By Chrissie Mainjeni, Chiradzulu
A landmark High Court ruling delivered in Blantyre recently has ignited a national conversation on parental responsibility, child protection, and access to reproductive health services for survivors of sexual violence.
The ruling followed a distressing case involving a minor who was denied an abortion at a public health facility after she was defiled by a neighbour her parents trusted.
In his judgment, Justice Michael Mtambo directed that all public health facilities must provide abortion services, upon request, to survivors of sexual violence — regardless of age.
While human rights organisations have welcomed the ruling as progressive, traditional leaders and service providers say the judgment has also exposed deeper societal failures, particularly around parental care and community responsibility.
In Chiradzulu District, Group Village Head Kadewere reflects on what she describes as a dramatic shift in values and parenting.
“During our time, girls would still be virgins at 15 and beyond because of good upbringing,” she said. “Men were disciplined enough to know the difference between a minor and an adult,” she said.
Kadewere argues that today’s challenges are largely rooted in weakened parental care and control, which she says push young girls into risky relationships in search of financial support.
“The main problem in my area is a lack of parental care. Some parents also hide sexual abuse happening in their homes to protect husbands who are breadwinners,” she explained.
Despite these concerns, Kadewere says defilement cases in her area remain relatively low due to multi-sectoral interventions.
These include community awareness campaigns, discouraging parents from sending children to sell merchandise late at night, and encouraging girls to report abuse and draw inspiration from local role models.
Senior Chief Chitera, another traditional authority in the district, shares similar concerns but paints a more troubling picture.
“Girls as young as 15 are seen frequenting drinking joints and video show rooms at ungodly hours,” she said. “This puts them at great risk of being defiled.”
Chitera admits that efforts to protect children have not produced the desired results but insists parents must shoulder the primary responsibility.
“It is sad that our efforts are not yielding much, yet we want an educated generation that will transform our area. Parents must take full responsibility for their children,” she said.
On cultural practices, the chief noted that harmful traditions have largely been abandoned.
She said initiation counsellors, commonly known as anamkungwi, are now encouraged to provide constructive counselling that keeps girls in school.
Police statistics show a mixed picture.
Chiradzulu Police Station spokesperson Hubert Mwangoka said 24 defilement cases were recorded between January and June this year, a figure he described as minimal due to sustained community awareness.
However, the trend shifted in September, when nine cases were recorded in a single month.
Mwangoka attributed the rise to initiation ceremonies and simba, practices he said expose minors to sexual abuse due to heightened excitement and lack of supervision.
Health authorities say the High Court ruling comes against a backdrop of alarming reproductive health data among minors.
Chiradzulu District Health Office (DHO) spokesperson Dalitso Gulani admitted that unsafe abortion remains prevalent among young girls. From January to September 2025 alone, 90 cases involving girls aged between 14 and 17 were recorded.
“Fear of parents, limited access to sexual and reproductive health services, and restrictions within the 2020 Post Abortion Care guidelines are among the main reasons,” Gulani said.
He acknowledged that provision of post-abortion care faces serious challenges, including inadequately trained staff, stock-outs of essential drugs, and unclear abortion laws and policies.
Despite the court ruling, Gulani said the district will continue operating within the Ministry of Health’s Standards and Guidelines for Post Abortion Care, as developed by the Reproductive Health Directorate.
Child rights organisations operating in Chiradzulu have welcomed the judgement, describing it as a significant milestone in promoting the rights of survivors of sexual violence.
Youth Net and Counselling (YONECO) Monitoring and Evaluation Manager Daniel Chikatentha said the organisation provides psychosocial support to victims to address trauma, grief, and stigma, in line with World Health Organisation guidelines.
“We are also working with international NGOs and government departments to strengthen the legal and justice systems so that other laws can be amended to provide stiffer penalties,” he said.
Centre for Alternatives for Victimised Women and Children (CAVWOC) Sponsorship Coordinator Virginia Lozo Nyirenda said weak child protection systems in rural areas and deep-rooted gender inequalities continue to endanger children.
“As CAVWOC, we will continue working with all stakeholders to ensure children are safe,” she said.
As Malawi grapples with the implications of the High Court ruling, one message cuts across traditional leaders, police, health officials and civil society alike: legal reforms alone are not enough.
Without strong parental care, vigilant communities and accessible health services, the ruling risks becoming another well-intentioned judgement struggling to take root in everyday life — where the safety of children is first tested.
