The law and the philanderer

A layman’s interpretation The much awaited law on the prevention of Gender Based Violence has been gazetted. Some articles are of exceptional interest, especially because they will change the status quo as pertains to current social engagement (and norms).

Monday, March 30, 2009

A layman’s interpretation

The much awaited law on the prevention of Gender Based Violence has been gazetted. Some articles are of exceptional interest, especially because they will change the status quo as pertains to current social engagement (and norms).

Kelvin Odoobo’s article entitled, ‘When the player gets played’, brings to the fore traditional attitudes and beliefs about men and their innate polygamous nature. 

To those who prescribe to this school of thought, then Article 4 of the above law will grab their attention.  The article states, in part, that, ‘It is forbidden to distort tranquillity of one’s spouse due to polygamy, concubinage or adultery’. 

Lest one’s understanding of certain terms is different from another, definitions of terms used are stipulated in Article 2, whereby ‘concubinage’ is described as, ‘the fact that two people are involved into a likely conjugal life while they are not married; ‘adultery’ as the fact of having sex with a person who is married to someone else.

This law upholds the unity and sanctity of marriage. This is evident in the fact that the definitions with regard to Article 4 on distorting tranquility, revolve around the marriage institution. 

It appears that all other definitions regarding the relationship between two consenting adults are derived from the permanence of their relationship.  The consequences of such ‘misconduct’ will not be taken lightly either. 

The law states that ‘Any person convicted [of] adultery shall be liable to an imprisonment sentence of between six months and three years. There’s one catch though, that only the offended spouse, children or other people living in the household can provide evidence and testimonies.

Men, philandering and polygamy may soon be a thing of the past. That is if this law is to be enforced to the letter.  Whether spouses will have the nerve to publicly own up to the fact that they have a ‘cheating’ mate remains to be seen. 

One thing for sure is that, these laws were proposed and accented to by both men and women. Men, who refused to live by traditional notions that they were polygamous by nature and women who have always known that this was just a farce men used to get more than their fair share.

Ends