Constitutional Court Scraps Law Criminalizing Insults Against Women
By Skika Reporter.
Uganda’s Constitutional Court has declared unconstitutional a provision of the Penal Code Act that criminalized insulting the modesty of women, ruling that it discriminates against men and violates the constitutional principle of equality before the law.
In a ruling delivered on Wednesday, November 4, 2026, the court nullified Section 115 of the Penal Code Act, which criminalized the use of words, gestures, sounds or objects intended to insult the modesty of a woman or girl.
The provision also covered deliberate intrusion into a woman’s privacy, with offenders facing a maximum sentence of one year in prison.
The decision followed a constitutional petition filed by human rights lawyers led by Steven Kalali, who argued that the law unfairly protected women while excluding men who could suffer similar violations of dignity.
The petition challenged the provision under Article 21 of the Constitution, which guarantees equality before the law and prohibits discrimination based on sex.
The court also declared Section 42 of the Magistrates Courts Act unconstitutional, faulting provisions that allowed magistrates to investigate complaints, prepare charges and subsequently preside over the same criminal cases.
The court directed the Attorney General to present legislative amendments to Parliament within 12 months, including reforms allowing complainants or the Director of Public Prosecutions to prepare charges in private prosecutions.
The ruling could affect criminal proceedings instituted under the challenged provisions, including the case involving Uganda Law Society President Isaac Kimaze Ssemakadde, who was charged with insulting the modesty of Director of Public Prosecutions Jane Frances Abodo.
However, the court’s decision does not automatically determine the outcome of every pending case, which will depend on the formal orders and subsequent legal proceedings.
