The Uganda court has struck down a law that treated men and women differently in cases involving insults against a person’s modesty. The ruling marks an important step towards equal rights and fair treatment under the law in Uganda.
“The Uganda gender-biased insult law was declared unconstitutional by the Constitutional Court because Section 115 of the Penal Code protected only women from insults against their modesty, leaving men without equal protection. The judges said this violated the constitutional right to equality.”
The court also ordered the Attorney General to prepare changes to the law within 12 months. The changes must ensure that both men and women receive equal protection.
For many years, Section 115 of Uganda’s Penal Code made it a crime to insult someone’s modesty. However, the law mainly protected women and did not offer men the same legal protection. This meant that men who faced similar insults or harassment could not receive equal protection under the law.
Uganda gender-biased insult law
Human rights lawyers argued that the law created unfair treatment based on gender. The Constitutional Court agreed, saying that criminal laws must protect everyone equally, regardless of gender.
The Uganda gender-biased insult law ruling also struck down Section 42 for allowing magistrates to investigate and judge the same cases, which could undermine fair trials. The case was brought by human rights lawyer Steven Kalali.
The ruling has attracted attention from legal experts and civil society groups. It comes amid growing discussions about fairness, accountability and the independence of Uganda’s justice system.
After striking down Section 115, the court gave the Attorney General 12 months to prepare changes to the law and present them to Parliament. The new law must protect both men and women equally.
The court called for clear laws under the Uganda gender-biased insult law to protect everyone equally, prevent unfair punishment and uphold human rights.
Click here for more news
