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Uganda bride price refund outlawed by top judges | |
(about 2 hours later) | |
Uganda's Supreme Court has ruled that the practice of refunding a bride price, or dowry, on the dissolution of a customary marriage is unconstitutional and should be banned. | |
The judges said it suggested that women were in a market place, and infringed on their right to divorce. | The judges said it suggested that women were in a market place, and infringed on their right to divorce. |
But they rejected the argument that the bride price itself was unconstitutional. | But they rejected the argument that the bride price itself was unconstitutional. |
Campaigners said that the dowry turns a woman into the husband's property. | Campaigners said that the dowry turns a woman into the husband's property. |
Should a marriage end in Uganda, the wife had been expected to refund the bride price - often paid in livestock. | Should a marriage end in Uganda, the wife had been expected to refund the bride price - often paid in livestock. |
But it was argued that as women tend to have less wealth than their husbands, many became trapped in unhappy relationships. | |
'Momentous occasion' | |
There was a gasp in the court-room when the first justice ruled against the refunding of bride price, reports the BBC's Catherine Byaruhanga from the capital, Kampala. | |
The women's rights organisation Mifumi, which brought the case, welcomed the ruling, despite not getting everything it campaigned for. | |
"This is a momentous occasion... and this ruling will aid the fight against women and girls' rights abuses," spokesperson Evelyn Schiller told the BBC outside the court. | |
The BBC's Patience Atuhaire in Uganda says that traditionally the bride price is seen as an honour and a sign that the couple are entering into a respectful marriage. | |
Mifumi said that bride price encouraged domestic violence and could lead a man to think that he had paid for his wife's "sexual and reproductive capacity". | |
Six of the seven judges said that the direct link between the bride price and domestic violence had not been proved. | |
However, they did say that using the phrase "bride price" was wrong as it made it look like the woman was purchased. | |
The only dissenting opinion came from Justice Esther Kisakye, who said that while the constitution supports culture "it [only] validates customs that respect the rights of all Ugandans". |