Malawi attained independence from British colonial rule on July 6 1964, clocking 62 years of that self-rule that year.
Independence meant liberation, signaling a new era for a nation once known as Nyasaland.
But sadly, the country still maintains archaic abortion-related laws crafted by the British. Sexual and reproductive health and rights (SRHR) advocates are now calling for a comprehensive review of the law to respect bodily autonomy.
Maintaining these archaic laws, the advocates argue, signal lack of progress for the country.
The arguments
Nyale Institute executive director Godfrey Kangaude says as per the current scenario, it would be difficult to say whether Malawi has done enough to secure bodily autonomy in practice.
But he singles out the constitution and the Gender Equality Act as central to recognising fundamental rights and freedoms, including sexual and reproductive rights.
“Many people, especially women, girls, persons with disabilities and other marginalised groups, still lack meaningful power to make decisions about their bodies. This has serious consequences for their physical and mental health,” says Kangaude.
“Bodily autonomy is not only a human rights issue; it is also a development issue. One of the central insights of the 1994 International Conference on Population and Development, reaffirmed at the 2019 Nairobi Summit, was that sustainable development depends on people having the freedom, information and services necessary to make informed decisions about their sexual and reproductive lives.”
Kangaude says when a girl lacks the information to make informed decisions about sexual relationships, or cannot remain in school because of an unintended pregnancy, the consequences extend beyond the individual.
He says the same is true when a woman cannot obtain necessary reproductive healthcare, or when discrimination and violence prevent people from protecting themselves against unintended pregnancy and sexually transmitted infections.
According to Kangaude, these failures affect educational attainment, health outcomes, household welfare, economic participation and public expenditure.
He points out that a country cannot realise its full development potential while a significant part of its population lacks control over their bodies and futures.
Kangaude says: “Some of our laws continue to fail us by retaining colonial-era restrictions inconsistent with human rights and impede the exercise of sexual and reproductive rights.
“Malawi may have been politically independent for 62 years, but aspects of our bodily autonomy remain governed by colonial laws developed without the rights, experiences or aspirations of Malawians at their centre.”
Kangaude says the status quo is what continues to compel Nyale Institute to take such matters to court.
He says: “We are challenging laws that criminalise abortion, laws that criminalise consensual sexual relationships between young people who are close in age, consent requirements that impede young people’s access to sexual and reproductive health services; and laws that criminalise consensual sexual conduct between adults of the same sex.”
Minor challenges archaic abortion laws
On October 28 2025, the High Court of Malawi sitting in Blantyre ruled in favour of a minor who was raped by a neighbour over twice her age. She challenged the 19th Century restrictive abortion law, which permits pregnancy termination only to save a woman’s life.
The Blantyre-based minor went to Chileka Health Centre for an abortion, but was declined. The ruling agreed that victims of sexual violence can procure safe abortion from public health facilities.
Another important aspect from the High Court ruling, delivered by Judge Michael Mtambo, was the direction given for the State to review and implement post-abortion care guidelines within a 180-day day period from the date it was delivered.
While the timeframe expired on April 25 2026, implementation is yet to take effect.
If the guidelines are implemented as directed by the court, it will close gaps that have blocked girls from accessing safe abortion from public health facilities, in particular, those that have experienced sexual violence.
According to Ipas— an international, non-governmental organisation that seeks to increase access to safe abortions and contraception—unsafe abortion accounts for 18 percent of maternal deaths in Malawi, with the health system treating high numbers of women with complications from such.
Ipas, therefore, stated that the ruling affirmed the right of women and girls to sexual and reproductive health.
“This win is the result of relentless advocacy by Ipas and partner organisations in a country that has one of the most restrictive abortion laws in Africa,” Wrote Ipas on its website.
Way forward
SRHR champion and nurse Bridget Chauluma says moving forward, Malawi should prioritise strengthening implementation of existing laws and increasing investments in comprehensive sexuality education.
She further points to meaningful inclusion of young people in policymaking, expanding access to quality youth friendly SRHR services and reviewing laws that continue to restrict bodily autonomy.
This includes ensuring women, girls, adolescents and other vulnerable populations can make informed decisions about their bodies without coercion, violence, stigma or discrimination.
“Respect for bodily autonomy should not only exist in our laws, but it should be reflected in our health systems, communities and everyday experiences,” she says.
“Above all, bodily autonomy is a fundamental human right.”
Chauluma says while Malawi has made commendable progress over the past 62 years, the true measure of success will be when every person can freely exercise that right with dignity, safety and without discrimination regardless of their age, gender, socioeconomic status, or where they live.
Similarly, Kangaude says for Malawi to become truly free—moving forward, it must review laws that unnecessarily restrict bodily autonomy and align them with its constitutional values.
He says respecting bodily autonomy is not separate from the national development agenda, emphasising it is part of building a healthier, better-educated, more equal and economically productive society.
Existing challenges
But for Chauluma, what remains worrisome is the lack of policy implementation such as the National Sexual and Reproductive Health and Rights Policy and the National Youth-Friendly Health Services Strategy.
She says: “Child marriage, teenage pregnancy, gender-based violence, sexual violence [GBV] and harmful cultural practices continue to affect many girls and women.
“Many adolescents, especially in rural areas, still struggle to access comprehensive sexuality education, contraception and confidential youth-friendly health services. Restrictive abortion laws result in unsafe abortions that contribute to preventable maternal illness and deaths.”
According to Chauluma, the challenge is not only the absence of laws, but also weak enforcement, limited resources, shortage of trained healthcare workers, stigma surrounding adolescents’ sexuality, cultural and religious beliefs that discourage people from accessing SRHR services.
“Civil society organisations [CSOs] have arguably driven much of the progress in implementation and advocacy. Organisations working on SRHR have invested heavily in community awareness, youth empowerment, legal literacy, policy advocacy and service delivery, often complementing government efforts,” she says.
“The government has established the legal and policy framework and provides public health services, but implementation is frequently constrained by limited funding and competing priorities.”
As a result, Chuluma says many SRHR programmes continue to rely on partnerships with CSOs and development partners.
But she stresses that advocacy has undoubtedly made a difference.
Chauluma adds: “It has contributed to ending child marriage through legal reform, increased GBV awareness, expanded youth-friendly health services and greater public dialogue on issues that were once considered taboo.
“Advocacy has also empowered young people, women, traditional leaders and communities to demand accountability and claim their rights.”
Chauluma, however, says advocacy alone is not enough; hence, it must be accompanied by political will, adequate domestic financing, stronger law enforcement and meaningful community engagement to translate legal rights into lived realities.
