A Ugandan human rights lawyer, Steven Kalali, has petitioned the High Court of Uganda to declare the colonial-era “Restitution of Conjugal Rights” law unconstitutional.
The provision, found under the Divorce Act, Cap 144, allows a spouse to seek a court order compelling the other partner to resume marital relations.
In his Notice of Motion filed in the Civil Division of the High Court, Kalali described the decree as “vague, unrealistic, and degrading in a free and democratic society.”
He argues that it violates fundamental rights, including the right to dignity, privacy, and protection from inhuman and degrading treatment, as guaranteed under Articles 24, 27, and 44 of the 1995 Constitution.
“The decree treats couples as chattel and effectively promotes marital rape,” Kalali stated in his affidavit, adding that forcing unwilling partners to cohabit or engage in sexual acts amounts to “slavery in disguise.”
Representing himself, Kalali has asked the court to declare the decree unenforceable, direct the Attorney General to repeal it, and issue a permanent injunction preventing any person or court from issuing or recognizing such orders in matrimonial cases.
Advocate Mary Nankabirwa also filed an affidavit supporting Kalali’s petition, describing the law as “barbaric and outdated.”
She warned that enforcing conjugal restitution could lead to domestic violence, marital rape, and forced pregnancies, infringing on women’s rights and bodily autonomy.
“As a woman and legal practitioner, I find it unimaginable that the state still recognizes a law that allows one partner to use another’s body as a vehicle for sexual satisfaction against their will,” Nankabirwa said.
Kalali further cited Uganda’s obligations under international human rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which protect individuals from coercion and inhuman treatment.
If successful, the petition could lead to the abolition of restitution of conjugal rights in Uganda — a relic of British colonial law abandoned in the UK decades ago.
The Attorney General’s chambers are yet to file a formal response, and the High Court is expected to fix a hearing date soon.
“It’s time Uganda’s justice system aligns with modern human rights standards,” Kalali said. “Love and intimacy should never be enforced by law.”