Polygyny and its effect on women’s rights in marriage: a case study of women in Kawempe division, Kampala District

Abstract

Polygyny remains one of the controversial practices in various communities, Uganda Inclusive. However with the rise in the importance attached to human rights both at National and International level, many questions keep arising as to whether the women in polygynous marriages enjoy the rights as required by the law. It is on this basis that this study analyzed polygyny and its effect on the women’s rights in marriage taking a case study of women from Kawempe Division in Kampala District. The study revealed that most women become part of polygynous marriages without their consent. This emerged as the primary cause of all the reported violations to include but not limited to; psychological and emotional abuse; competition amongst co-wives; economic rights abuse; wife neglect; child neglect. It was also revealed that women in these unions have no right to quit but merely to adhere to the abuses for the law acknowledges polygamous marriages but doesn’t provide for grounds specifically under which a woman can exit due to vices of polygyny. The study portrayed that in order to deal away with such fallout in the marriage institution, laws should be amended and policies should be formulated to regulate how one acquires subsequent wives, how the wives should relate and how one can exit the union. The study collected from different literatures and laws of other states and countries that have been successful in regulating the practice and recommended that the proper way of regulating the practice is by coming up with necessary laws, strictly adhering to the registration process and using the judiciary as the ‘gate keeper’ to protect and enforce the laws and regulations.