Court Upholds Customary Marriages Amid Rising Concerns for Women and Health

By Rhonet Atwiine | Thursday, July 17, 2025
Court Upholds Customary Marriages Amid Rising Concerns for Women and Health
According to Prima Kwagala, Executive Director of the Women’s Pro Bono Initiative, women in polygamous unions often carry heavy burdens.

Uganda’s Constitutional Court ruled that polygamous marriages, especially those practiced under customary and Islamic laws, are legal.

This decision came after a petition by civil society groups who argued that polygamy is harmful to women and violates their rights.

The court, however, said that these marriages are entered into with the full consent of all people involved, and therefore do not break the law.

The judgment received mixed reactions from the public.

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Some people welcomed the ruling, saying it protects cultural and religious practices.

Others feel the court ignored the real-life challenges that women in such marriages often face.

Activists say polygamy can lead to unequal treatment of women, especially when it comes to property sharing, making family decisions, and raising children.

According to Prima Kwagala, Executive Director of the Women’s Pro Bono Initiative, women in polygamous unions often carry heavy burdens.

She said that when a man has many children, it becomes harder to provide for them all.

“For example, a woman may ask for school fees and the man replies, ‘I have 30 other children, I can only afford 30,000 shillings.’ This leaves families struggling.”

Health workers have also raised alarms about polygamy, saying it increases health risks. When a person has many partners, it becomes harder to control and treat infections like sexually transmitted diseases like HIV, Hepatitis B, among others.

They say this puts both women and children at greater risk, especially in areas with limited access to health services.

Uganda’s Constitution promises equal rights for both men and women in marriage.

But many believe that these rights are not fully respected in polygamous homes.

Critics say that although the court’s ruling follows the law, it does not reflect the struggles many women go through every day in such relationships.

As the country reflects on this decision, many are calling for better protections for women and children, and for cultural practices to be more in line with today’s needs and realities.

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