(2)
Without prejudice to clause (1) of this article, a
person shall not be discriminated against on the ground of
sex, race, colour, ethnic origin, tribe, birth, creed or religion,
social or economic standing, political opinion or disability.
(3)
For the purposes of this article, “discriminate”
means to give different treatment to different persons
attributable only or mainly to their respective descriptions by
sex, race, colour, ethnic origin, tribe, birth, creed or religion,
social or economic standing, political opinion or disability.
(4)
…………………………………
(5)
Nothing shall be taken to be inconsistent with this
article which is allowed to be done under any provision of this
Constitution.
Article 37of the Constitution provides:37 Right to culture and similar rights.
“Every person has a right as applicable to belong to, enjoy,
practice, profess, maintain and promote any culture, cultural
institution, language, tradition, creed or religion in community with
others.”
By putting this provision in the Constitution under chapter 4 which deals with Fundamental
Human Rights, the frames of the Constitution pronounced themselves on the importance they
and the people of Ugandan attach to culture. By the same Constitution, in its Article 20 (1),
Fundamental rights and freedom of the individual are inherent and not state granted. By Article
20 (2) all organs and agencies of Government and all persons are commanded to respect, uphold
and promote the rights and freedoms of the individual or groups enshrined in chapter 4 of the
Constitution.
I have held elsewhere in this judgment that the custom and practice of giving of bride wealth is
commonly recognized, observed and practiced by all nationalities throughout Uganda. That
custom is therefore, allowed and protected by the Constitution under Article 37 (supra). Article
21 (5) above specifically prohibits taking such a custom as being inconsistent with Article 21. I
find no justifiable or even logical and convincing reason for court to impose a ban on such a
constitutionally guaranteed custom evidently enjoyed and practiced by the people of this country.
I find National objectives and Directives of state policy No.s 1(1) supra and 24 very relevant
here.
To many nationalities in this country payment of bride price enhances equality in the marriage in
that it promotes mutual respect among the parties to the marriage and is a symbol of the value of
the bride she walks into such marriage with.
47
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