KUWAIT CITY, March 16: The official gazette 'Kuwait Alyoum' published decree-law No. 9/2025, which cancels article 153 of the Penal Code issued by law No. 16/1960. Previously, this article had provided a legal excuse to mitigate the punishment for a man who committed the crime of killing his wife, mother, daughter, or sister if he caught her in the act of adultery.

The explanatory note of the decree emphasized that, under article 29 of the Constitution, all individuals are equal in human dignity, public rights, and duties. It also prohibits discrimination based on gender, origin, language, or religion. Article 153 of the Penal Code issued by law No. 16/1960 provided a legal excuse to mitigate the punishment of a man who committed the crime of killing his wife, mother, daughter, or sister if he caught her in the act of adultery. This excuse applied solely to men and not to women, which constitutes gender discrimination. The reasoning behind this legal provision was based on the provocation of the man's feelings by the crime, although women experience similar emotions.

 Furthermore, mitigating the punishment for this crime contributes to its perpetuation and conflicts with Kuwait's obligations under international charters and agreements, particularly the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women. The declaration established a common standard for countries to follow in determining the rights that must be protected, emphasizing that all individuals are equal in rights. It stressed that both men and women have the right to enjoy these rights without discrimination based on race, color, or gender, and that they are equal in rights during marriage, throughout the marriage, and upon its dissolution.

 The Convention on the Elimination of All Forms of Discrimination against Women also includes a provision criminalizing such discrimination. Article 2 obligates states to take all appropriate measures, including the abolition of provisions in national penal codes that discriminate against women. Therefore, as mentioned earlier, this article must be abolished, as it constitutes discrimination against women and is inconsistent with both the Constitution and Kuwait's international obligations.

 In compliance with these international obligations, and following the issuance of the Amiri Order on May 10, 2024, which stipulated that laws be issued by decree-laws under article 4, a draft decree-law was prepared. Article 1 of the draft decree-law calls for the abolition of the aforementioned article 153. Article 2 mandates that all ministers implement the law, publish it in the official gazette, and ensure it takes effect from the date of its publication.