Uganda court extends indecent assault protection to men
Constitutional Court rules existing laws are discriminatory and orders government to propose amendments.
Uganda's Constitutional Court has extended legal protection against indecent assault and acts insulting modesty to men, ruling that provisions of the Penal Code Act previously protecting only women and girls are discriminatory. The court, sitting in Kampala, also declared unconstitutional provisions of the Magistrates Courts Act that allow magistrates to investigate cases, formulate charges, and then preside over the trial.
A panel of five justices, led by Justice Cheborion Barishaki, unanimously ordered that the words “any woman or girl” in Section 115(1) and (3) of the Penal Code Act be replaced with “any person.” This ruling followed consolidated petitions filed by city lawyer Steven Kalali, Pader District Chief Magistrate Martins Kirya, and lawyer Michael Aboneka.
The petitioners argued that restricting protection against indecent assault and acts insulting modesty to women and girls discriminated against men, contravening Article 21 of the Constitution. The Attorney General defended the provisions as affirmative action for women, but the court rejected this, stating that while women need protection, the law cannot deny men equivalent protection against similar harm.
Why it mattersMen in Uganda now have the same legal protection against indecent assault and acts insulting modesty as women.