Tororo Woman MP, Sarah Opendi has asked that the law sends spouses to jail if they dare demand refund of marriage gifts. She has presented this through the controversial Marriage Bill 2024 to Parliament. The bill aims to reform and consolidate Uganda’s marriage laws, some of which have been in place for over a century. It also seeks to provide updated and comprehensive legislation on various aspects of marriage, replacing the current Marriage Act, which has been in effect for 118 years.
Key Highlights of the Marriage Bill 2024:
- Recognized Marriages: The bill clarifies and defines the types of marriages recognized under Ugandan law.
- Registration of Marriages: It proposes streamlining the marriage registration process, ensuring all marriages are duly recorded.
- Marital Rights and Obligations: The bill clearly outlines the rights and responsibilities of both spouses within a marriage.
- Conversion of Marriage: It allows for the legal conversion from one form of marriage to another, addressing Uganda’s diverse marriage traditions.
- Property Rights: The bill establishes guidelines for property ownership and distribution within marriages.
- Separation and Dissolution: It provides detailed guidelines for legal separation and divorce, addressing both the grounds and processes.
Opendi is particularly passionate about preventing the practice of demanding refunds for marriage gifts after a union dissolves. She emphasized that this practice, often rooted in cultural expectations, should be criminalized. In Clause 87 of the proposed law, she argues that it should be an offence to request the return of any marriage gift.
“A person who demands the return of a marriage gift is liable, upon conviction, to a fine not exceeding five hundred currency points (UGX 10 million) or imprisonment not exceeding three years, or both,” Opendi stated. She added that courts may also award damages to the aggrieved party in such cases.”
The bill also proposes the creation of a National Marriage Register, as outlined in Clause 36 (l). This register will store information about all marriages in Uganda and be accessible to the public for a prescribed fee. The bill mandates that anyone whose details are recorded in the register must notify the Registrar General of any changes or errors.
Additionally, Opendi has sparked debate with her proposal to impose a six-month deadline for newlyweds to consummate their marriage. If couples fail to do so, their marriage could be declared invalid. This controversial clause is aimed at ensuring that marriages are entered into with genuine intent.
Criminalizing Child Marriages in Marriage Bill 2024
Another significant aspect of the bill is the strong stance against child marriages. Opendi proposes a 10-year jail term for anyone involved in facilitating or conducting marriages involving minors. Clause 101(1) specifies that those who conduct, preside over, or witness a child marriage, as well as those who knowingly attend or participate in preparations for such marriages, are liable to this punishment.
The bill further aims to penalize individuals who knowingly marry someone already in a monogamous marriage. In Clause 92, Opendi proposes a five-year jail term or a fine of UGX 10 million for those who contract a second marriage with someone already married in a monogamous union.
Parliamentary Review of Marriage Bill 2024 and Next Steps
Speaker Anita Among has referred the Marriage Bill 2024 to a joint committee comprising members of the Legal and Parliamentary Affairs and Gender and Social Development Committees. The Legal Committee will take the lead in processing the bill.
The bill has garnered considerable attention, given the widespread calls for reforms to Uganda’s outdated marriage laws. UNICEF has previously noted the need for significant changes, especially with the current Marriage Act dating back to 1904.
As the government continues consultations, the progress of this bill will be closely monitored, with many stakeholders keen to see how it addresses Uganda’s evolving social and legal landscape regarding marriage.
