A section of religious leaders under the umbrella body of the Inter-Religious Council of Uganda (IRCU) called on Members of Parliament to enact a special law to criminalize the increasing practice of cohabitation, particularly among young people.
“The IRCU acknowledges the common law principles in Britain, as well as the Scotland 2006 Act, which regulates matters related to the sharing of jointly acquired household goods, money, property, and childcare, including custody of children born within cohabitation. In the UK, cohabitation can be regulated by a cohabitation contract or a living together agreement, which seeks to protect the relationship between cohabiting parties,” Dr. Joseph Sserwada, the IRCU co-chair to the Council of Presidents, began.
Click here to join our WhatsApp Group and Receive Daily News
The religious leaders, however, requested MPs sitting on the Joint Committee of Legal and Gender to protect other parties involved in or emanating from cohabitation.
“While we push for criminalizing cohabitation under the Bill, we observe that there is a need to offer adequate protection of rights for parties, children, and property acquired in cohabitation relationships. Therefore, given the magnitude of the many relationships founded on cohabitation, the IRCU recommends that the government enact an exclusive Bill, separate from the Marriage Bill 2024, to regulate relationships between cohabiting persons,” he added
The IRCU members appeared before the joint committee to present their views on the Marriage Bill 2024, tabled by Tororo District Woman MP Sarah Opendi.
The council members supported the proposed punishment of a three-year jail sentence or a fine of Shs10m for any couple found cohabiting. Clause 89 of the Marriage Bill proposes a fine of Shs10m or a three-year jail sentence for individuals “holding out.”
Ms Opendi, the sponsor of the Bill, said “holding out” under the Bill refers to living together as husband and wife, acquiring or owning property jointly, bearing children together, and a woman taking on the man’s surname.
The IRCU, however, expressed concerns over certain provisions in the bill, arguing that they could destabilize marriage if passed in their current form.
“The Inter-Religious Council of Uganda, with great concern, has learned through consultations within our religious structures of the growing need among Ugandans to strengthen the institution of marriage and protect it from degeneration. However, if the bill is passed as it stands, it will create conditions that could destabilize marriage,” Dr. Sserwada stated.
He added, “The bill erroneously legalizes polygamy under Clauses 4 and 39. It also introduces the concept of prenuptial and postnuptial agreements under Clause 47, which effectively treats marriage as a contractual relationship rather than a sacred covenant as intended by God.”
Dr. Sserwada further told the committee that the proposed bill inaccurately introduces no-fault divorce.
“This new law will automatically presume that a man was married to the mother of his child as far as the child’s maintenance and property rights are concerned. This threatens foundations of marriage,” he warned.
Bukooli County MP Stephen Baka Mugabi, who chairs the legal committee, said they had written to the Speaker of Parliament requesting more time to consider the bill.
Also Read: Authorities Launch Investigations as Anthrax Kills Two in Kazo
