Inter-Religious Council back proposal to jail cohabiting couples three years

Kampala, (UG):- The Inter-Religious Council of Uganda (IRCU) has backed the controversial proposal to criminalize cohabitation, a move that could see couples in such arrangements face a three-year jail sentence or a fine of UGX 10 million if passed into law.

The proposal is part of the Marriage Bill 2024, which was tabled before Parliament by Tororo District Woman MP Sarah Opendi.

During a presentation to the Joint Committee of Legal and Gender Affairs, IRCU Co-Chairperson Joseph Serwadda endorsed the proposal, arguing that cohabitation undermines the institution of marriage and should be addressed legally.

“While we push for the criminalization of cohabitation under the Bill, we observe that there is a need to offer adequate protection of rights for parties, children, and property acquired in cohabiting relationships. Therefore, given the magnitude of the many relationships founded on cohabitation, the IRCU recommends that Government should enact an exclusive Bill separate from the Marriage Bill 2024 to regulate relationships between cohabiting persons,” Serwadda stated.

Under Clause 89 of the Marriage Bill, Opendi proposes penalties for individuals who “hold out as though married” without legal recognition. The clause defines cohabitation as living together as husband and wife, jointly acquiring property, bearing children, or a woman adopting her partner’s surname.

However, the proposal has sparked opposition from various stakeholders, including the Law Development Centre (LDC) and women’s rights activists.

The LDC has dismissed the move as impractical, arguing that enforcing such a law would require policing cohabitation even at the village level, where many couples live under such arrangements.

Women’s rights activists have also criticized the bill for promoting polygamy while criminalizing cohabitation, arguing that it disproportionately affects women and could lead to further marginalization of vulnerable groups.

Despite the mixed reactions, Parliament is expected to continue scrutinizing the Marriage Bill 2024, with legal experts, religious leaders, and civil society weighing in on its potential impact on Uganda’s legal and social landscape.