Court Backs Customary Marriages Despite Women’s and Health Concerns

Uganda’s Constitutional Court Upholds Polygamy as Legal, Sparks Debate

Uganda’s Constitutional Court has made a landmark ruling that polygamous marriages, particularly those governed by customary and Islamic laws, are legally recognized. This decision was in response to a petition filed by civil society groups who argued that polygamy is harmful to women and infringes upon their rights. However, the court emphasized that these marriages are entered into with the full consent of all parties involved, which means they do not violate the law.

The judgment has generated a wide range of reactions from the public. Some individuals have welcomed the ruling, viewing it as a protection of cultural and religious traditions. Others, however, believe that the court overlooked the real-life challenges that women often face in polygamous relationships. These concerns highlight the complex interplay between tradition and modern values in Ugandan society.

Cultural Practices vs. Women’s Rights

Activists argue that polygamy can lead to unequal treatment of women, especially when it comes to property distribution, family decision-making, and child-rearing. Prima Kwagala, Executive Director of the Women’s Pro Bono Initiative, points out that women in polygamous unions often bear significant burdens. She explains that when a man has multiple children, it becomes increasingly difficult to provide for them all.

“For example, a woman may ask for school fees and the man replies, ‘I have 30 other children, I can only afford 30,000 shillings.’ This leaves families struggling,” she said. Such situations underscore the economic and emotional pressures that women in polygamous marriages may experience.

Health Risks and Public Concerns

Health professionals have also raised concerns about the implications of polygamy on public health. They argue that having multiple partners increases the risk of sexually transmitted diseases such as HIV and Hepatitis B. Controlling and treating these infections becomes more challenging when there are multiple partners involved, which puts both women and children at greater risk. This is especially concerning in areas where access to healthcare services is limited.

Despite these risks, the court’s decision aligns with existing legal frameworks in Uganda, which recognize the right of individuals to enter into marriages under customary and religious laws. However, many people believe that the constitutional promise of equal rights for men and women in marriage is not always upheld in polygamous households.

Calls for Better Protections

Critics of the ruling argue that while the court’s decision is legally sound, it does not fully address the daily struggles that women face in polygamous relationships. As the country reflects on this decision, there are growing calls for stronger protections for women and children, as well as for cultural practices to evolve in line with contemporary needs and realities.

The debate surrounding polygamy in Uganda highlights the ongoing tension between preserving traditional customs and ensuring the rights and well-being of all individuals. While some see the court’s ruling as a step toward protecting cultural heritage, others view it as a missed opportunity to advance gender equality and social justice.

As discussions continue, it remains to be seen how this ruling will shape future policies and societal attitudes towards marriage, gender roles, and human rights in Uganda.