Lawyer Steven Kalali on Wednesday petitioned the Constitutional Court to challenge the constitutionality of certain provisions in the Penal Code Act and the Magistrates’ Courts Act.
Specifically, he is contesting Section 115 of the Penal Code Act, which protects only women and girls from indecent assaults and insults. These offenses are punishable by up to 14 years and one year of imprisonment, respectively.
Kalali argues that this provision is discriminatory and violates Articles 21, 20, and 28 of the Ugandan Constitution, which guarantee equality before the law and non-discrimination based on sex.
“I’m challenging that provision for being discriminatory because it provides for an offense of indecent assault against a woman or a girl child and it doesn’t cater for a male or boy child. This is because when you look at Article 21, clauses 1 and 2, as well as the international treaties and Article 20, any law that is discriminatory is clearly a violation of human rights,” he said on Wednesday.
Kalali is also challenging Section 42 of the Magistrates’ Courts Act, which allows magistrates to participate in investigations and consultations. He contends that this compromises the principle of impartiality and the right to a fair trial.
He seeks declarations that these provisions are unconstitutional and requests their annulment, as well as permanent injunctions restraining their enforcement.
Kalali argues that these provisions promote inequality, undermine the right to a fair trial, and perpetuate injustice, particularly against male Ugandans.
