A recent Constitutional Court ruling has reaffirmed that polygamy—the practice where a man marries more than one wife—is lawful in Uganda and protected under individual rights. In a landmark decision delivered on July 10, the court declared that polygamous unions, when entered into by consenting adults, are a personal choice and not a violation of constitutional rights.
The ruling stemmed from a petition filed by the Women’s Pro Bono Initiative, a women’s rights organization, which argued that polygamy fosters emotional distress, competition for affection, and inequality among spouses and children—conditions they claim amount to a violation of women’s rights under Articles 24, 43, and 44 of the Constitution. They also contended that the practice discriminates against women and undermines their access to equal protection under the law.
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However, Justice Margaret Tibulya, who authored the lead judgment, dismissed the claims. She emphasized that individuals entering polygamous marriages do so knowingly and should not later claim harm from conditions they agreed to. “Spouses in such unions are assumed to understand the responsibilities and limitations, including sharing rights with other wives and children,” she stated. The court further maintained that polygamy in Uganda is a matter of cultural and personal freedom, not a coercive act, and thus falls within constitutionally protected liberties.
Justice Tibulya added that it would be contrary to the principles of human rights for the state to impose monogamy on all citizens. Apart from necessary public health interventions like immunization or safeguarding children’s welfare, the government is not obligated to enforce specific rights—especially in personal or cultural matters.
The rest of the panel—Justices Irene Mulyagonja, Oscar John Kihika, Moses Kazibwe Kawumi, and Dr. Asa Mugenyi—unanimously agreed with the ruling. They also clarified that while polygamy is lawful in cultural and religious contexts, converting a civil (monogamous) marriage into a polygamous one without consent constitutes bigamy, which remains a criminal offense under the Penal Code Act.
The petitioners had further argued that unlike in monogamous marriages, polygamous husbands divide time and resources among multiple spouses, creating economic and emotional imbalances. They noted that while each wife may receive a fraction of the husband’s attention and income, her contributions to the family—both financial and domestic—often go unmatched.
Despite these concerns, the court held that banning polygamy would infringe on constitutionally guaranteed freedoms—specifically, the rights to culture and religion enshrined in Article 37. Justice Kihika noted that Uganda is a diverse society, and the Constitution was crafted to accommodate multiple cultural and religious traditions, some of which embrace polygamy.
“The assumption that all of society is uniform is flawed,” he said. “Respect for different beliefs and cultural practices is essential in a pluralistic society.”
Mixed Reactions to the Judgment
In response to the court’s decision, the Women’s Pro Bono Initiative expressed strong disappointment, arguing that the judgment entrenches gender inequality and undermines Uganda’s commitment to human rights and international obligations. In a statement, the organization said the ruling sends a dangerous signal that discriminatory cultural practices can be legitimized through the law, even when they contravene basic human dignity and equality.
They warned that the court failed to safeguard the rights of women in polygamous unions, who often remain vulnerable to economic deprivation and emotional harm without adequate legal protection.
Similarly, Mr. Stephen Langa of the Family Life Network criticized the judgment, saying it sends Uganda backwards in terms of promoting stable family values. “Polygamy has never worked, and more countries are moving away from it,” he argued. “This ruling points us in the wrong direction and must be challenged.”
Broader Implications
At its core, the court’s decision reaffirms the principle that individuals have the autonomy to choose their marital arrangements within the framework of Uganda’s constitutional protections. It also underscores the state’s obligation to respect cultural and religious diversity, as long as practices are consensual and within legal bounds.
However, the ruling has reignited debates over the balance between cultural rights and gender equality. As AI, legal reforms, and global standards increasingly shape modern governance, Uganda faces the broader challenge of harmonizing traditional values with evolving human rights norms.
In essence, while the Constitutional Court has affirmed the legality of polygamy on grounds of personal freedom, the conversation around its social, emotional, and legal consequences—especially for women and children—is far from over.
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