I find in the negative to this issue.
Issue (l).
The gist in issue (l) is whether the custom of bride price causes domestic violence so that the
woman is subjected to cruel and degrading treatment by the man who treats her as a commodity
that must give total submission contrary to Article 33 (1) of the Constitution.
Article 33 (1) provides;
“33(1) Women shall be accorded full and equal dignity of the person
with men.”
I have considered much of the matters raised in this issue during my resolution of issues (g) (h)
(I) and (j) above particularly the action of comoditification of the wife. I will only add here that
it is evident that some men misuse the enjoyment of the custom of bride price by committing
crimes and grave violations of human rights of their partners in marriage. This, however, cannot
be solely attributed to the nature of customary marriages where bride wealth is given. It is
unbecoming behavior of the individuals concerned. It is common knowledge, and research has
also proved it, that even in marriages where the custom of bride wealth is unknown and is never
practiced, violence against women is rampant the world over. Whatever violence may arise in a
customary marriage cannot, therefore, in my view, be justification to condemning as
unconstitutional the custom. The abuse of the custom is an evil in society that must be fought
through laws of the land and the enhancement of human values of morality in society. I find in
the negative for this issue.
Issue (m).
The gist in issue (m) is whether the demand for bride price as a condition precedent to the burial
of a bride dying before her husband has paid bride price is a custom repugnant to good
conscience or whether a person cannot be a husband when he has not given bride wealth.
It is evident that some communities in Uganda demand giving of bride wealth as a condition
precedent to the burial of a deceased’s woman’s body where such bride wealth was not given
prior to the death of the woman. Denying a body burial in circumstances complained of in this
petition is clearly an act or omission in violation of all known principles of discence and
according respect and dignity to persons both during and after life. It is common knowledge that
ancestors are highly regarded in African cultures. The Constitution must be obeyed both in the
letter and the spirit and so must all the other laws of the land. I find the act or practice of denying
a body of a deceased woman burial because of non giving of bride wealth repugnant to good
conscious. It is also a threat to the rights of the concerned living and also a denial of dignity to
the deceased. The departed should be respected by being accorded a timely and descent
burial. S. 121 of the Penal Code Act on hindering burial of a dead body could also be invoked. I
find in the affirmative for this part of this issue.
53
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