WHY MONOGAMY IS ON THE INCREASE PART ONE
In the case of Hyde v Hyde Lord Penzance remarked in his judgment, noted that…I conceive that marriage as understood in Christendom, may be defined as the voluntary union for life of one man and one woman to the exclusion of all others” This judgment emphasizes the issue of monogamy as the type of marriage recognized under Christianity basing argument on Genesis 2 18-ff when God made a woman for man and both would live together.
Christianity as a factor led to rise of monogamy in Uganda. The church missionary society (CMS) that was for protestants and the white fathers which were Catholics emphasized a “holy life” or sacred lives and described some African customs as being evil for example polygamy and advocated for monogamy. In Buganda, a chief of high rank Andrew Kaggwa (now a martyr) was a Munyoro Youth who approaching 30 led an exemplary life. He married one wife irrespective of the property he had; “ to many, this was surprising and to most chiefs annoying…how can a man of rank with a lot of property have only one woman, he should be demoted,” said some chiefs. He wedded in Catholic Church making their marriage one of the first fully Christian marriages. This act by Kaggwa is leaning against a Christian perspective regardless of his cultural affiliation and this gave rise to monogamy at that time in Uganda. Today, church leaders encourage their flock to engage in monogamous marriages as the ideal God created in Genesis 2:18-ff. Christians today observe monogamous marriage and the increased is evidenced by the massive church weddings that are regularly organized by licensed churches.
Under the Marriage Act the registrar is supposed to encourage the intending marrying couples to observe a monogamous marriage. This is in civil marriages, the point to note is that even the law also supports monogamous marriages in Uganda and therefore responsible for its rise. Furthermore, parties are incapable of contracting marriage under customary marriage during the subsistence of this marriage . To cement this, the law further criminalizes bigamy in order to protect monogamy under section 41 of the Marriage Act. In the case of R.S V SS and Another where petitioner and respondent were both married by Sikhs ceremony and the respondent went through a civil ceremony of marriage with the co-respondent in accordance with the current Marriage Act and the wife petitioned for a divorce on grounds of the husband’s adultery with the second wife. It was held that only a monogamous marriage can be created by a ceremony under the marriage Act and as the husband was already married, the ceremony was invalid therefore respondent was guilty of committing adultery.
The Hindu Marriage and Divorce Act Cap 250 also states that a marriage solemnized after the commencement of this Act shall be void if the former husband or wife of either party was living at the time of the marriage and the marriage of the former husband or wife was then in force and Section 153 of the Penal Code Act shall apply in that case . This therefore leads to the rise of monogamy in Uganda.
The increasing number of women activist movements in Uganda calling for the recognition of monogamy as a solution to the domestic violence and any other problems that women face in Uganda has also led to the rise of monogamy in Uganda. Movements such as MFUMI, FOWODE (forum for women in Democracy), FIDA (Federation of women Lawyers) UWONET (Uganda Women network) among others are involved in the campaign against polygamy. The women’s rights organization MIFUMI filed a petition at the Ugandan Constitutional Court on January 28, 2010, asking the court to outlaw polygamy. MIFUMI claims that polygamy violates equality between men and women and leads to violence, abandonment, neglect, and an increased risk of HIV and AIDS. In answer to the petition, the Attorney General filed a response, arguing that polygamy is protected under Article 37 of the Constitution of the Republic of Uganda, which protects the right to culture, tradition, and religion.
MIFUMI contends that polygamy is the most significant factor perpetuating violence against women and children. Patriarchal hierarchy in polygamous unions often creates familial unrest and fighting, which leads to violence when men attempt to dominate and control their wives. Additionally, because husbands may divide property and assets unequally, there can be intense competition between wives. For example, on February 18, 2010, one woman stabbed and killed her fellow wife in a domestic dispute over fetching water . Women and men have realized the need for monogamy and unlike customary or Islamic marriage, there is an increase in monogamy as a result of this sensitization.
The prevalence of the HIV scourge in Uganda has also seen the rise in monogamy as activists have encouraged people especially men to opt for monogamous marriages. There has been a tremendous change over of marriages from customary to church wedding where monogamy is the ideal. The groups such as TASO, TAIP also argue that polygamy contributes to the spread of HIV/AIDS, violating the constitutional protection to health. Each time a man adds a new wife to his family; all his wives are exposed to an increased risk of contracting HIV. Additionally, men sometimes inherit widows from other men or a relative who died from AIDS, making the spread of infection even more likely . With this, MFUMI says that the levels of polygamy have dropped and monogamy has increased due to its (MFUMI) efforts.
HIV prevention media campaigns in Uganda for example played a major role in encouraging safer behavior. During the 1990s, HIV prevalence among women has declined in Uganda. The decline is attributed to a rise in monogamy condom use among others. Every study in Uganda shows the same trend of people reporting fewer casual partners…” says Elizabeth Marum, HIV/AIDS prevention technical advisor for the US Agency for International Development in Kampala .
The Domestic Relations Bill Coalition (DRBC) is a group of over forty women’s and human rights organizations that have advocated for a uniform domestic relations law that conforms with the constitutional right to gender equality. In a 2003 report, DRBC noted that children often suffer from neglect and abandonment in polygamous families. Since each wife often has her own house and the husband rotates to each house on different days, many children do not receive regular attention from their fathers and are not able to live with them. These effects of the polygamous system violate the provisions of the Constitution , which gives children the right “to know and be cared for by” their fathers, and the African Charter on the Rights and Welfare of the Child, which stipulates the child’s right to reside with her father and not to be separated from him against the child’s will. DRBC has continuously argued against polygamy and as a result monogamy is on the increase because of the efforts of this group.
Christianity as a factor led to rise of monogamy in Uganda. The church missionary society (CMS) that was for protestants and the white fathers which were Catholics emphasized a “holy life” or sacred lives and described some African customs as being evil for example polygamy and advocated for monogamy. In Buganda, a chief of high rank Andrew Kaggwa (now a martyr) was a Munyoro Youth who approaching 30 led an exemplary life. He married one wife irrespective of the property he had; “ to many, this was surprising and to most chiefs annoying…how can a man of rank with a lot of property have only one woman, he should be demoted,” said some chiefs. He wedded in Catholic Church making their marriage one of the first fully Christian marriages. This act by Kaggwa is leaning against a Christian perspective regardless of his cultural affiliation and this gave rise to monogamy at that time in Uganda. Today, church leaders encourage their flock to engage in monogamous marriages as the ideal God created in Genesis 2:18-ff. Christians today observe monogamous marriage and the increased is evidenced by the massive church weddings that are regularly organized by licensed churches.
Under the Marriage Act the registrar is supposed to encourage the intending marrying couples to observe a monogamous marriage. This is in civil marriages, the point to note is that even the law also supports monogamous marriages in Uganda and therefore responsible for its rise. Furthermore, parties are incapable of contracting marriage under customary marriage during the subsistence of this marriage . To cement this, the law further criminalizes bigamy in order to protect monogamy under section 41 of the Marriage Act. In the case of R.S V SS and Another where petitioner and respondent were both married by Sikhs ceremony and the respondent went through a civil ceremony of marriage with the co-respondent in accordance with the current Marriage Act and the wife petitioned for a divorce on grounds of the husband’s adultery with the second wife. It was held that only a monogamous marriage can be created by a ceremony under the marriage Act and as the husband was already married, the ceremony was invalid therefore respondent was guilty of committing adultery.
The Hindu Marriage and Divorce Act Cap 250 also states that a marriage solemnized after the commencement of this Act shall be void if the former husband or wife of either party was living at the time of the marriage and the marriage of the former husband or wife was then in force and Section 153 of the Penal Code Act shall apply in that case . This therefore leads to the rise of monogamy in Uganda.
The increasing number of women activist movements in Uganda calling for the recognition of monogamy as a solution to the domestic violence and any other problems that women face in Uganda has also led to the rise of monogamy in Uganda. Movements such as MFUMI, FOWODE (forum for women in Democracy), FIDA (Federation of women Lawyers) UWONET (Uganda Women network) among others are involved in the campaign against polygamy. The women’s rights organization MIFUMI filed a petition at the Ugandan Constitutional Court on January 28, 2010, asking the court to outlaw polygamy. MIFUMI claims that polygamy violates equality between men and women and leads to violence, abandonment, neglect, and an increased risk of HIV and AIDS. In answer to the petition, the Attorney General filed a response, arguing that polygamy is protected under Article 37 of the Constitution of the Republic of Uganda, which protects the right to culture, tradition, and religion.
MIFUMI contends that polygamy is the most significant factor perpetuating violence against women and children. Patriarchal hierarchy in polygamous unions often creates familial unrest and fighting, which leads to violence when men attempt to dominate and control their wives. Additionally, because husbands may divide property and assets unequally, there can be intense competition between wives. For example, on February 18, 2010, one woman stabbed and killed her fellow wife in a domestic dispute over fetching water . Women and men have realized the need for monogamy and unlike customary or Islamic marriage, there is an increase in monogamy as a result of this sensitization.
The prevalence of the HIV scourge in Uganda has also seen the rise in monogamy as activists have encouraged people especially men to opt for monogamous marriages. There has been a tremendous change over of marriages from customary to church wedding where monogamy is the ideal. The groups such as TASO, TAIP also argue that polygamy contributes to the spread of HIV/AIDS, violating the constitutional protection to health. Each time a man adds a new wife to his family; all his wives are exposed to an increased risk of contracting HIV. Additionally, men sometimes inherit widows from other men or a relative who died from AIDS, making the spread of infection even more likely . With this, MFUMI says that the levels of polygamy have dropped and monogamy has increased due to its (MFUMI) efforts.
HIV prevention media campaigns in Uganda for example played a major role in encouraging safer behavior. During the 1990s, HIV prevalence among women has declined in Uganda. The decline is attributed to a rise in monogamy condom use among others. Every study in Uganda shows the same trend of people reporting fewer casual partners…” says Elizabeth Marum, HIV/AIDS prevention technical advisor for the US Agency for International Development in Kampala .
The Domestic Relations Bill Coalition (DRBC) is a group of over forty women’s and human rights organizations that have advocated for a uniform domestic relations law that conforms with the constitutional right to gender equality. In a 2003 report, DRBC noted that children often suffer from neglect and abandonment in polygamous families. Since each wife often has her own house and the husband rotates to each house on different days, many children do not receive regular attention from their fathers and are not able to live with them. These effects of the polygamous system violate the provisions of the Constitution , which gives children the right “to know and be cared for by” their fathers, and the African Charter on the Rights and Welfare of the Child, which stipulates the child’s right to reside with her father and not to be separated from him against the child’s will. DRBC has continuously argued against polygamy and as a result monogamy is on the increase because of the efforts of this group.
Comments
Post a Comment