(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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