Domestic Bill rises more compex issues
Dec 22, 2004
I have had the opportunity of covering the proceedings of the Legal and Parliamentary affairs committee, as it received institutional and public views on the Domestic Relations Bill (DRB).
I have had the opportunity of covering the proceedings of the Legal and Parliamentary affairs committee, as it received institutional and public views on the Domestic Relations Bill (DRB).
I couldn’t agree more with Chibita wa Duallo’s opinion in the Law Report of December 16, that the views are as divergent as the stakeholders, and that indeed, every group, including the women, have had a bone to pick with the Bill.
The time the Bill has spent in the making not withstanding, considering the way various groups have attacked it from start to finish, one cannot help but wonder whether it is still worth having.
Do not misunderstand me. I am one of those who ardently believe that the spirit of the Bill is a sincere attempt at finding a cure to Uganda’s domestic problems.
But what happened along the way? First, to the supposed beneficiaries — the women. In their submission to the committee, the Uganda Women’s Network (UWONET) took strong exception to the clause(s) providing for polygamous marriages. They argue that the rationale the Bill uses to justify polygamous marriages presupposes that men cannot control their sexual urge. “The Domestic Relations Bill erroneously assumes that men cannot control their sexual urge, which is often used to defend the practice of polygamy. We believe this is an insult to the dignity of men,†Solome Kimbugwe, UWONET coordinator said.
They are even not contented with the condition that the man seeking to marry another wife should seek the consent of the incumbent wife. They would take nothing smelling of polygamy in the law.
Their argument of course fell in sharp contrast to the view held by the Uganda Muslim Supreme Council (UMSC), who were opposed to the women’s proposal to abolish polygamy, insofar as it tampers with the beliefs of their faith. “If a man has the capacity to marry another wife, why should he be refused? Our grandfathers lived in this arrangement and there was no problem. I have 30 children and I feel richer with them,†said Dr. Abbas Kiyimba of UMSC.
The Uganda Joint Christian Council (UJCC) on its part took issue with the Bill for its obsession with divorce and division of property, at the expense of strengthening marriage and the family unit.
“This Bill omits the importance of the family and its promotion in society. It lightly treats the family as something that can, and should, if the parties so desire be easily dissolved,†said the Rev Godfrey Byarugaba who headed the UJCC think tank on the Bill.
The Uganda Law Society (ULS) was not far behind in contending that the Bill ‘insulted’ the institution of marriage, by allowing couples to divorce quickly, by way of a mutual agreement. “We are not saying people should stick together forever, but we should not make divorce any lighter,†he said. ULS also took exception to the provision that says that a cohabiting couple shall be deemed to have married after 10 years.
ULS compared this to licensing promiscuity. And retired Legislator Rhoda Kalema could not sum it up any better. She inquired of the committee chairman Jacob Oulanyah to imagine whether he would okay cohabitation, if it were his daughter. She took strong exception to the provision for separation of property, saying that if the main import of the law was to protect marriages, then marriages can only be stronger if there are less regulations by the law.
Can’t the DRB be discarded and leave the laws and human relations as they have been since they have not been causing furore that the DRB seems to attract all the time?
I fear me, it might cause more chaos and beatings than has been the case. I’m just asking. cmusoke@newvision.co.ug
I couldn’t agree more with Chibita wa Duallo’s opinion in the Law Report of December 16, that the views are as divergent as the stakeholders, and that indeed, every group, including the women, have had a bone to pick with the Bill.
The time the Bill has spent in the making not withstanding, considering the way various groups have attacked it from start to finish, one cannot help but wonder whether it is still worth having.
Do not misunderstand me. I am one of those who ardently believe that the spirit of the Bill is a sincere attempt at finding a cure to Uganda’s domestic problems.
But what happened along the way? First, to the supposed beneficiaries — the women. In their submission to the committee, the Uganda Women’s Network (UWONET) took strong exception to the clause(s) providing for polygamous marriages. They argue that the rationale the Bill uses to justify polygamous marriages presupposes that men cannot control their sexual urge. “The Domestic Relations Bill erroneously assumes that men cannot control their sexual urge, which is often used to defend the practice of polygamy. We believe this is an insult to the dignity of men,†Solome Kimbugwe, UWONET coordinator said.
They are even not contented with the condition that the man seeking to marry another wife should seek the consent of the incumbent wife. They would take nothing smelling of polygamy in the law.
Their argument of course fell in sharp contrast to the view held by the Uganda Muslim Supreme Council (UMSC), who were opposed to the women’s proposal to abolish polygamy, insofar as it tampers with the beliefs of their faith. “If a man has the capacity to marry another wife, why should he be refused? Our grandfathers lived in this arrangement and there was no problem. I have 30 children and I feel richer with them,†said Dr. Abbas Kiyimba of UMSC.
The Uganda Joint Christian Council (UJCC) on its part took issue with the Bill for its obsession with divorce and division of property, at the expense of strengthening marriage and the family unit.
“This Bill omits the importance of the family and its promotion in society. It lightly treats the family as something that can, and should, if the parties so desire be easily dissolved,†said the Rev Godfrey Byarugaba who headed the UJCC think tank on the Bill.
The Uganda Law Society (ULS) was not far behind in contending that the Bill ‘insulted’ the institution of marriage, by allowing couples to divorce quickly, by way of a mutual agreement. “We are not saying people should stick together forever, but we should not make divorce any lighter,†he said. ULS also took exception to the provision that says that a cohabiting couple shall be deemed to have married after 10 years.
ULS compared this to licensing promiscuity. And retired Legislator Rhoda Kalema could not sum it up any better. She inquired of the committee chairman Jacob Oulanyah to imagine whether he would okay cohabitation, if it were his daughter. She took strong exception to the provision for separation of property, saying that if the main import of the law was to protect marriages, then marriages can only be stronger if there are less regulations by the law.
Can’t the DRB be discarded and leave the laws and human relations as they have been since they have not been causing furore that the DRB seems to attract all the time?
I fear me, it might cause more chaos and beatings than has been the case. I’m just asking. cmusoke@newvision.co.ug