THE ATTORNEY GENERAL ………………………RESPONDENT JUDGMENT OF TWINOMUJUNI, JA [1] INTRODUCTION This petition was filed by Law and Advocacy for Women in Uganda, an NGO, under 137(1)(3)(a) and (d) of the Constitution of Uganda and Rule 3 of the Constitutional Court (Petitions and References) Rules. The petition is seeking for the following declarations and orders:(a) That the custom and practice of Female Genital Mutilation as practiced by several tribes in Uganda is inconsistent with the Constitution of the Republic of Uganda, 1995 to the extent that it violates Articles 2(2) 21(1), 24, 27(2) 32(2) and 33 thereof. (b) As a result of this violation, the custom and practice of Female Genital Mutilation should be declared null and void and unconstitutional. (c) No order is made as to costs in any event. (d) Any other further declaration that this Honourable Court may deem fit to grant. [2] THE PETITION: The cause of action of the petition is contained in paragraphs one and two of the petition as follows:“1. That your petitioner Law and Advocacy for Women in Uganda is an organization having an interest in the following matter which is in violation of the Constitution of the Republic of Uganda, 1995 and binding international human rights law. 2. That the custom and practice of Female Genital Mutilation practiced by several tribes in Uganda, including but not limited to the Sabiny (found in Eastern Uganda-which includes the Districts of Kapchorwa, Bukwo, Bugiri); Pokot (found in Nakapiripirit District); and Tepeth (found in Moroto District) is inconsistent with the Constitution as follows:(a) The excision of female genitalia parts practiced as a custom of Ugandan tribes aforesaid causes excruciating pain to the victim of Female Genital Mutilation and is thus a form of torture, cruel, inhuman and degrading treatment prohibited by Article 24 of the Constitution of Uganda; (b) The excision of female genitalia may sometimes lead to death due to excessive bleeding and or sepsis and is therefore endangers the right to life guaranteed by Article 22(1) of the Constitution of Uganda; (c) The Female Genital Mutilation is a custom and practice that is carried out by using crude implements which are used on victims to another and thus have the potential of spreading HIV/AIDS which endangers the right to life guaranteed by Article 22(1) of the Constitution; (d) The excision of female genitalia may lead to urinary incontinence whereby damage is caused to the urethra during the operation and thus causes failure to contain urine. The failure to contain urine leads the victim to smell and become a social outcast, which is a form of torture, cruel and degrading treatment and is against the dignity, integrity and status of women, which contravenes Article 24 and Article 33.