The Constitutional Court has dismissed a petition that challenged the legality of polygamy in Uganda. The petition had been filed by the Women’s Probono Initiative, a rights-based organization, which argued that polygamy goes against the Constitution’s promises of equality, non-discrimination, and protection from inhuman treatment.
However, the court ruled otherwise. In a decision delivered by Justice Margaret Tibulya, and supported by a panel of five judges, the court stated that polygamy is allowed under Ugandan law and does not violate the Constitution.
The ruling noted that polygamous marriages are protected under the Customary Marriage (Registration) Act and the Marriage and Divorce of Mohammedans Act, which recognize the right to have more than one wife based on cultural and religious beliefs.
Justice Tibulya emphasized that men in polygamous marriages are governed by different legal standards compared to men in monogamous unions. Because of these differences, she explained, the two groups cannot be treated as equal in the eyes of the law under Article 21 of the Constitution, which talks about equality.
The court’s decision means that polygamy will remain legal in Uganda and is viewed as a matter of cultural and religious freedom.
This ruling has sparked renewed discussion on marriage laws and gender equality in the country, with some praising the protection of cultural practices, while others continue to call for reforms that promote equal treatment in all types of marriage.
