Uganda: Lawmakers Push for Revival of Marriage and Divorce Bill

The renewed calls come in the wake of alarming cases of gender-based violence, including the tragic shooting of businessman Henry Katanga and the recent death of former Olympian Rebecca Chepetgei, who was attacked by her boyfriend in Kenya.

Members of Parliament have reignited discussions on the long-shelved Marriage and Divorce Bill, which was last debated in 2017.

The renewed calls come in the wake of alarming cases of gender-based violence, including the tragic shooting of businessman Henry Katanga and the recent death of former Olympian Rebecca Chepetgei, who was attacked by her boyfriend in Kenya.

During a plenary session chaired by Deputy Speaker Thomas Tayebwa, Laura Kanushu, the MP representing People with Disabilities (PWD), urged lawmakers to revisit the bill.

She highlighted the urgent need to modernize Uganda’s marriage laws, noting that the existing Marriage Act of 1904 is outdated and insufficient in addressing contemporary issues.

“We cannot continue to rely on a law from 1904. Every time the bill comes to Parliament, it gets shelved, but now both men and women seem to agree that gender-based violence is a real and growing problem,” Ms Kanushu said.

“Domestic violence is leading to loss of life, and it’s time we bring back the bill for debate and make necessary amendments.”

The Marriage and Divorce Bill, first introduced in 2009, is a crucial legislative measure aimed at consolidating all marriage-related laws, excluding the Marriage of Mohammedans Act.

It seeks to uphold constitutional guarantees concerning marriage, integrate international best practices, and address issues such as property rights, consortium, and marital disputes.

In 2016, efforts to advance the bill were revived, with a strategic focus on addressing public resistance.

A workshop held to advocate for the bill’s swift passage resulted in a decision to rebrand it as the Marriage Bill to avoid contentious issues like cohabitation, which were set aside for further study.

This rebranding aimed to present the bill in a more positive light and to streamline the legislative process by addressing stakeholders’ concerns.

Despite the redrafting of the bill as the Marriage Bill, 2017, stakeholders advised against tabling it, fearing it could hinder the legislative process.

Instead, they recommended submitting amendment proposals to the original 2009 bill.

These proposals were submitted to the Minister of Justice and Constitutional Affairs and the Attorney General in 2018 for further review.

With gender-based violence on the rise, many lawmakers believe the Marriage and Divorce Bill is essential for regulating societal issues related to marriage breakdowns and their wider impact on governance and social stability.

They argue that a modern legal framework is necessary to address the growing problem of domestic violence and protect both men and women from the devastating consequences of unchecked marital disputes.

The push for the bill’s revival underscores the pressing need for legislative reform in Uganda’s marriage laws, with lawmakers urging swift action to safeguard the lives and rights of the country’s citizens.