Posts
By
Jeremy Morley
The Supreme Court of Uganda has
refused to declare that the practice of exchanging money, cows, or other goods
for a bride is unconstitutional in Uganda, notwithstanding the claim that it
reduces the women to mere properties.
However, the Court has ruled that it
is unconstitutional for a man to have the right to claim a refund from his
spouse's family if the marriage ends. Husbands often expect the dowry to be
returned in cases of dissolution of the marriage.
The constitutional challenge to the
practice was started in part by MIFUMI, a Ugandan organization combating
domestic violence and the bride price, with the support of other women's rights
organizations.
While the practice itself was not
struck down, MIFUMI said it hoped that at least the ban on refunds of bride
prices would help women leave abusive relationships.
A bride price is the custom of a
groom paying a woman's family with money, cows, land or other material goods in
exchange for a wife. The tradition originated as an official recognition of a
marriage and as a gift for the bride's family. It was also believed to add
value to the woman and protect her from abuse in her new household. The
practice remains common in Uganda, particularly in rural communities but also
in urban centers. The modern bride price still follows the same principal of
exchange, but families are now often asked to sign contracts with the groom as
proof of payment of the bride price.
Prior to this decision, if a marriage failed, men could
go back to the woman’s family home to demand a return of their property. But
the Supreme Court in Kampala has ruled, in a majority judgment of 6:1, that the
traditional custom and practice of demanding a refund of the bride price if a
marriage breaks down is unconstitutional and “dehumanising to women."
“The return of [the]
bride price connotes that the woman in marriage was some sort of loan. But even
in sale, the cliche is that goods once sold cannot be returned or goods once
used cannot be refunded. If that cannot be done in respect to common goods like
cows, why should it be applied to a woman in marriage?” asked Justice Bart
Katureebe.
Across sub-Saharan Africa – from Malawi, to Zambia
to Kenya and South Africa – the practice of paying a bride price
is quite common. In Kenyan pastoral communities, it is paid in the form of
cattle and has been blamed for rampant cattle rustling.
The practice is
particularly entrenched among some Ugandan ethnic groups, especially in
western, east and northern areas of the country. The negotiations over payment
take place between male representatives of the two families – women are not
allowed to take part.
Critics say paying a
bride price can trap women in abusive marriages and encourages early marriage.
According to United Nations figures, an estimated 40% of girls
in Uganda are married before they are 18, with eastern and northern
Uganda registering the highest number of child marriages. A major reason for
the high number is understood to be because parents, particularly poorer
parents, want to get the bride price.
In June last year,
the eastern Uganda district of Butaleja passed its
own law making it illegal to demand refund of the bride price, or to
deny a woman burial on account of non-payment of the bride price by the man. The
ruling was initiated by MIFUMI.
