Adultery and the Question of Gender Equality

So a member of Ghana’s Parliament, Mr Nelson Baani is reported to have suggested the inclusion of a punishment for women who cheat on their husbands in an intestate succession bill being considered by Parliament. In his estimation this would force women to remain faithful to their husbands and ensure that the law when passed would not become a disincentive for people such as himself. Disincentive? Anyway, nothing would make him less apprehensive than to know that an "erring" wife would be stoned or hanged!

Gladly a number of people have condemned the MP’s utterances. I had a few choice words for him myself; my disgust stemming not simply from the remarks made but that they were made by an MP; “Honourable” I should add. That the persons who are elected or appointed into government must come with a reasonable threshold of intelligence is a point I have made many times. My apologies to the extraordinary ones, if any.

My expectations are basic – a little self-respect and some sense of the sensibilities of the general electorate that vote such persons into power (a keen appreciation and exploitation of which brings them into power no doubt). Both of these guarantee that even retrogrades will be smart enough not to subject their backwardness together with their disdain and disrespect for the general populace to public ridicule.  I had always imagined (and been a few times disappointed) that the average Ghanaian politician if nothing at all could do that. 

Interesting that the Baani suggestion was made during deliberations on a law that is essentially aimed at securing better outcomes for widows and their children who often lose their homes and share in marital property once the husbands die intestate, particularly within the customary law marriage system. On the other hand is it surprising that such sentiments would be voiced by a representative of a people who continue to hold on to regressive so-called traditions? 

I am not altogether sure that the condemnation of the MP was in relation to the nature of the punishment he suggests or (in my case) the very idea of a “punishment” and the incredulity of the whole thought when viewed against the custom whereby men are legally allowed to have several significant others. I have a feeling that if “Stone Man” had suggested perhaps a few whips of the cane or a fine of sorts, the public would have paid him no attention. Why, when Bishop Duncan suggested that women “behave” in their marriages or rot otherwise because the ratio of women to men was 7:1, a faithful servant of the church feeling the need to justify the comment, referred me to the "unacceptable" example of the Bishops ex-wife who after 20 years of marriage, still wanted sex.  

If Article 17 clauses 1, 2 and 3 of Ghana’s constitution have any practical value at all, then it’s about time the true effect of Article 26 (1) subject to clause (2) of the same constitution was brought to bear on the laws and practices which continue to perpetuate gender inequality. Until then, the likes of “Stone Man” are probably entitled to special and differential treatment.

Ghana’s Constitution 1992

17.

(1) All persons shall be equal before the law.

(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.

(3) For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.

26.

(1) Every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.

(2) All customary practices which dehumanize or are injurious to the physical and mental wellbeing of a person are prohibited.