The Constitutional Court of Uganda has dismissed a petition filed by the Women’s Probono Initiative (WPI), which sought to challenge the legality of polygamy on grounds of gender discrimination and violation of women’s rights.

In its petition, WPI argued that polygamy is inherently discriminatory and degrading to women, and therefore contravenes constitutional guarantees of equality, non-discrimination, and protection from inhuman and degrading treatment.

However, in a landmark ruling delivered by Justice Margaret Tibulya and unanimously supported by a panel of five justices, the court held that polygamy does not violate the Ugandan Constitution.

The justices ruled that polygamy, as recognised under the Customary Marriage (Registration) Act and the Marriage and Divorce of Mohammedans Act, is constitutionally protected as an expression of religious and cultural freedom.

The decision reaffirms the legal status of polygamous unions under Ugandan law and underscores the court’s position that such marriages do not inherently infringe on women’s constitutional rights.

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