By Mulengera Reporters
The Inter-Religious Council of Uganda (IRCU) has endorsed the proposal to criminalize cohabitation, a move that, if adopted by Parliament, would see couples in such arrangements face a three-year jail sentence or a fine of UGX 10 million.
The Council’s position was presented by Joseph Serwadda, Co-Chairperson of the Inter-Religious Council of Presidents, on February 20, 2025, while appearing before the Joint Committee on Legal and Gender Affairs. He was presenting the Council’s views on the Marriage Bill 2024, which was tabled by Tororo Woman MP Sarah Opendi.
“While we push for the criminalization of cohabitation under this Bill, we recognize the need to ensure adequate protection of the rights of parties involved, including children and property acquired in cohabiting relationships. Given the widespread nature of such unions, the IRCU recommends that the government enact a separate law specifically addressing cohabitation,” Serwadda stated.
Clause 89 of the Marriage Bill proposes a fine of UGX 10 million or a three-year jail term for individuals who “hold out” as though they are married. Opendi explained that “holding out” includes living together as husband and wife, jointly acquiring property, having children, or a woman taking on a man’s surname.
Grounds for Nullifying Marriage
The IRCU also opposed Clause 40(1)(f) of the Bill, which allows infertility from either spouse to be grounds for annulling a marriage. The Council argued that this provision could lead to unnecessary separations, despite the possibility of medical intervention.
“We agree with most of the provisions in the Bill but strongly disagree with Clause 40(1)(f), which declares a marriage null and void if a spouse suffers from permanent impotence or vaginismus, and this was unknown to the other party at the time of marriage. The IRCU proposes that such cases should be based on scientific or medical evidence. This would prevent unnecessary divorces based on conditions that can be treated,” Serwadda emphasized.
He further suggested that the law should encourage couples facing infertility challenges to seek Assisted Reproductive Technology (ART) rather than dissolving their marriages.
According to the UK’s National Health Service, vaginismus is a condition where the vaginal muscles involuntarily tighten, making penetration painful. It is common among women in their late teens to early 30s but is treatable.
Strengthening Marriage Institution
Despite backing several provisions in the Bill, the IRCU identified aspects that they believe require revision to preserve the sanctity of marriage.
“The Marriage Bill, in its current form, does not sufficiently protect the institution of marriage, which is ordained by God. If passed without amendments, it could lead to instability, weakening, and the breakdown of marriages,” Serwadda warned.
He criticized the Bill for legalizing polygamy and introducing prenuptial and postnuptial agreements, arguing that these provisions turn marriage into a contractual arrangement rather than a sacred covenant.
“The IRCU believes that prenuptial agreements, if violated, can undermine trust and unity, which are the foundations of a successful marriage. Such agreements reduce marriage to a transactional arrangement over property, rather than a lifelong union where the couple becomes one flesh,” Serwadda asserted.
“Pro-Divorce” Law
During the meeting, the IRCU also cautioned Parliament against enacting a law that could increase divorce rates in Uganda.
Citing reports, Serwadda claimed that 70% of Ugandan couples experience divorce or separation every four years, affecting approximately 370,000 people annually. He also noted that divorce cases filed at the High Court’s Family Division had more than doubled—from 215 cases in 2023 to 503 in 2024—indicating a worrying trend.
“When making policies, it is important to ensure that the outcomes do not worsen the situation. The increase in divorce cases calls for urgent support to strengthen families and deter separations,” he added.
The IRCU also rejected Clause 73, which introduces the concept of no-fault divorce, arguing that it would make dissolving marriages too easy and undermine the commitment between spouses.
“No-fault divorce significantly lowers the threshold for divorce, weakening and trivializing marriage. It allows dissolution by mutual consent without any reason, ignoring the innocent party’s desire to save the marriage,” Serwadda said.
Similarly, the religious leaders opposed Clause 74, which lists irretrievable breakdown of marriage as the sole ground for divorce. They argued that the law should require additional grounds before a marriage is dissolved.
Property-Centric Provisions in the Bill
The IRCU also expressed concern about the Bill’s heavy emphasis on property, noting that 16 out of its 106 clauses focus on property rights.
“This focus on property shifts the essence of marriage from a lifelong covenant between a man and a woman to a contentious legal arrangement. It risks making marriage more about material possessions than unity and harmony,” Serwadda observed.
The religious leaders urged Parliament to amend the Bill to better reflect the spiritual and moral values of marriage, warning that failure to do so could destabilize families and society at large-Parliament Watch. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
