Uganda: Inter-Religious Council Backs Bill That Criminalises Cohabiting in Marriage

The Inter-Religious Council of Uganda (IRCU) has thrown its weight behind the proposal to criminalize cohabitation, a move that, if adopted by Parliament, could see couples in such arrangements face a three-year jail term or a fine of shs 10 million.

The proposal is embedded in the Marriage Bill 2024, which was tabled by Sarah Opendi, the Tororo District Woman Representative.

Joseph Serwadda, Co-Chairperson of the Inter-Religious Council of presidents, presented the council’s position before the Joint Committee of Legal and Gender, stating that cohabitation should be criminalized under the Bill while ensuring legal protections for those involved, including children and property rights.

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

The controversial clause 89 of the Marriage Bill explicitly proposes that individuals who “hold out” as though married should face legal consequences.

The Bill defines “holding out” as living together as husband and wife, jointly acquiring or owning property, bearing children together, or the woman adopting the man’s surname.

Opendi, the bill’s sponsor, defended the provision, arguing that it aims to formalize relationships and protect vulnerable partners, particularly women and children, from being left in precarious situations when such unions dissolve.

The proposal has sparked heated debate, with proponents arguing that it will encourage legal marriage and protect family structures, while critics view it as an infringement on personal freedoms and an unrealistic legal intervention in private relationships.

The discussion is expected to intensify as the Bill progresses through Parliament, with legal experts, civil society organizations, and the public weighing in on its potential social and legal implications.

As Uganda navigates this contentious issue, the future of cohabiting couples hangs in the balance, with possible far-reaching consequences for relationships, property rights, and family law in the country.