Madinah Tebajjukira
7 July 2008
Kampala — SPOUSES should have a right to deny each other sex if one is in poor health, after childbirth and surgery, the Law Reform Commission has recommended.
In its proposals on the controversial Domestic Relations Bill, presented to MPs and civil society organisations yesterday, the commission stated that spouses may also deny each other sexual intercourse for fear that engaging in the act was likely to cause physical or psychological injury.
The commission also noted that if a spouse had sex against the consent of the other, the offender would be imprisoned for a period not exceeding five years or a fine not exceeding sh2.4m.
Tessa Kawoya, the legal officer, read the proposals, which followed requests by Parliament and Cabinet to refine the widely contested Bill.
According to the proposals, widow inheritance is prohibited but the widower is allowed to remarry.
"A man may marry his relative's widow where both the man and widow, with their free consent go through any form of marriage provided for under this Act," reads a section in the proposal.
The proposal highlights that any person who contravenes this section, commits an offence and is liable upon conviction to imprisonment not exceeding five years or to a fine of sh2.4m.
According to the proposals, matrimonial property shall be co-owned. But property acquired prior to marriage shall not be affected by the marriage.
The draft says the consent of a parent, relative or clan leader is not necessary for the validity of any marriage.
The new proposals do not recognise cohabitation.
But MPs opposed some provisions, saying they would erode "treasured values" of the society.
"The commission and the Government should go slow on this. African marriages are very essential in society," said Erias Lukwago (DP).
"Consent of a parent or elder is very important."
Abdu Katuntu (FDC) objected to the proposal that divorce could not be sought in less than two years after marriage, noting that in that time, a partner could be subjected to violence.
Cecilia Ogwal (Independent) said the proposals were silent on the rights of children on matrimonial property.
Wilfred Niwagaba (NRM) told the commission to address the MPs' concerns.
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