(4) Women shall have the right to equal treatment with men and that right shall include equal
opportunities in political, economic and social activities.
(5)……..
(6) Laws, cultures, customs and traditions which are against the dignity, welfare, or interest of
women or which undermine their status, are prohibited by this Constitution.”
Chapter 4 of the Constitution deals with protection and promotion of fundamental rights and
freedoms. One of the rights and freedoms which are protected under this chapter in Article 37 is
a right to belong to, enjoy, practice, profess, maintain and promote any culture, cultural
institution, language creed or religion in community with others. This means as I understand it
that the enjoyment and promotion of culture is done in community with others. The enjoyment is
community based. The rules and regulations governing cultural practices are unwritten. Each
community uses its own rules. The rules in question have intrinsic value and significance for the
community concerned. That being the case it is quite difficult to determine the extent that these
cultural rules regarding the practice of paying ‘bride price’ violate the rights under the articles
cited by the petitioners. Article 33(6) which prohibited laws, cultures or traditions which are
against the dignity, welfare or interest of women did not spell out which laws and cultural
practices are. The Constitution did not mandate Parliament to make a law to operationalise the
provisions of the article. The affidavits which were deponed on behalf of the petitioners were
largely from one area of Tororo where the first petitioner has been carrying on some work for
women as Non Government Organization. Some stated the communities they belong to and some
did not. They also did not state that men and women who intend to marry are forced to contract
customary marriage. Customary marriage is one of the types of marriages recognized in this
Country.
The complaint raised by the petititioners that cultural practice of the bride’s parents demanding
payment of bride price from prospective son in-law interferes with the right to free consent of the
parties who intend to marry. I do not agree. When parties choose the type of marriage they want
to contract they cannot be said not to have freely consented to marry. Every type of marriage in
Uganda has its legal or cultural requirements. If a person chooses to contract a customary
marriage is bound to observe the customs and rites of the given community into which he or she
intends to marry.
There were other allegations that parents have been getting their daughters out of School to
marry them off and correct bride price. A case in point is the affidavit of Awor Deborah. In her
affidavit she stated that her daughter who was about to sit her Primary Leaving Examination
disappeared from home without her knowledge. Later her husband told her that he searched for
her and found her in a certain place where they gave him Ug Shs 95,000/= with three cows and
three goats. The husband later told her that the girl was married. The matter was reported to the
authorities and efforts to prosecute him were futile. I consider this case to one of those in which
parents neglect their parental duties and machinery to enforce the law is weak. Article 34 of the
Constitution spells out the right of children and the responsibility of parents especially in the
provision of education. The state machinery should have swung in action to have the culprit
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