The Marriage Bill (2022) in Uganda, spearheaded by Tororo Woman Member of Parliament Sarah Opendi, seeks to introduce reforms aimed at regulating marriages and the process of separation. One notable proposal within the bill is the requirement that a spouse can only initiate divorce proceedings after one year of marriage. This proposal, among others, aims to bring order to the institution of marriage and ensure that unions are formalized and conducted in an organized manner, encompassing all recognized marriage types in Uganda, including Christian, Islamic, Hindu, and Bahai marriages.
According to Susan Katono, the legal director of parliament, the proposed bill is intended to make marriage both more challenging to enter into and to dissolve, with the overarching goal of strengthening marital bonds. During a regional lobby and consultative meeting in Jinja City, Katono emphasized that wider consultations did not find justification for district marriages to be monogamous, leading to a proposal for civil marriages to be polygamous. This shift aims to address the colonial origins of civil marriage laws and recognize the cultural practices of polygamy within Ugandan society.
Furthermore, the proposed bill includes provisions aimed at modernizing marriage practices to accommodate contemporary circumstances. For instance, the bill suggests that marriage ceremonies need not be confined to churches with cement structures but can be conducted anywhere, including homes. However, it stipulates that the officiant must be licensed by the government to solemnize the marriage and sign the marriage certificate.
Additionally, the bill introduces provisions regarding DNA testing, making it necessary for such tests to be conducted under a court order. It also addresses various offenses related to marriage, such as the return of marriage gifts, justification of marriage, and breach of promise to marry. These offenses carry penalties ranging from fines to imprisonment, highlighting the legal implications of marital misconduct.
The regional lobby and consultative meeting, attended by cultural leaders from Busoga Kingdom, local leaders, civil society organizations, media representatives, and Girls and Young Women (GYW) from the sub-region, provided a platform for stakeholders to voice their opinions on the Marriage Bill. The meeting, organized by The She Leads consortium in partnership with Uganda Women’s Parliamentary Association (UWOPA), facilitated discussions on the potential impact of the proposed legislation on various aspects of marriage and family life.
Deborah Mutesi Magezi, Deputy Speaker of Butembe chiefdom, expressed concerns about the bill’s potential to exacerbate vulnerabilities for spouses, particularly in cases of domestic violence and property ownership. She emphasized the need for safeguards to protect individuals from manipulation by inactive partners and to address disparities in property ownership and division in the event of divorce.
