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The court ruled that the Busia district-based school has no authority to summarily expel the girl.
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The High Court in Tororo has barred the expulsion of a pregnant learner. The court ruled that the Busia district-based school has no authority to summarily expel the girl. This landmark ruling, delivered on October 4, 2024, stems from a public interest case. According to Tororo High Court Resident Judge Henry Kaweesi, the decision marks a firm stance on reproductive justice.
"The ruling ensures pregnant students' right to education," Judge Kaweesi stated. "This should put an end to the unjust treatment of pregnant girls in schools."
The ruling follows a petition filed by Women with a Mission, a Tororo-based non-profit legal entity, seeking redress in Civil Matter Cause No. 001 of 2024 before the High Court in Tororo. They challenged the authorities of Busumba Primary School in Busia district. Lawyers Betty Balisalamu and Monicah Kakuru, attached to Women with a Mission chambers, represented the minor, while James Okuku represented the school authorities."
Expulsion
A 15-year-old female pupil (name withheld) was arbitrarily expelled from government-aided Busumba Primary School. The expulsion followed physical harassment and trauma inflicted by female teaching staff and school management members.
On the day of the incident, the minor attended classes like her peers. The deputy head teacher summoned her to the office, where about half a dozen women, including teachers and school management committee members, awaited her. They taunted, sneered, and fondled the minor's groin with rough, ungloved hands to confirm her pregnancy. The school authorities then summoned the minor's father, briefing him on the events and expelling his daughter. "Your daughter is pregnant; we've unanimously decided to expel her," the headteacher stated. Despite the father's pleas and revealing his daughter's prior sexual violence case (Busia Central Police Station, CRB 13/07/09/2023), the school refused to reconsider."
Hope
The minor's plight caught the attention of volunteer legal practitioners who offered to represent her. At the start of the court proceedings, the defendants vehemently denied violating the minor's rights. However, a thorough examination of the defendants' affidavits revealed a confession of tormenting the minor, contradicting their initial denial.
In his ruling, Judge Henry Kaweesi stated: "The minor shall be immediately reinstated and allowed to continue her education, with the flexibility to take breaks during the day to breastfeed and care for her baby, then return to school."
Torch Media Africa
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