Mauritius decriminalises being LGBTQ+ and makes gay sex legal in landmark decision

The Supreme Court of Mauritius has decriminalised being LGBTQ+ as well as made gay sex legal in landmark decision on Wednesday (4 October). 

The East African nation made the ruling as part of the Ah-Seek v/s the State of Mauritius and Fokeerbux & Ors. v/s the State of Mauritius cases. 

Back in October 2019, Abdool Ridwan (Ryan) Firaas Ah Seek, a 29-year-old activist, filed a new case before the Supreme Court challenging the constitutionality of Section 250 of the Mauritian Penal Code. 

This section criminalised “sodomy” with a penalty of up to five years’ imprisonment, therefore criminalising gay men.

“From today, as a citizen and a human being, I am now free to love whoever I want to without fear”

Mr Ah Seek was supported by non-governmental organisation, the Collectif Arc-En-Ciel (CAEC), who work to uphold the human rights of LGBTQ people.

Supreme Court judges asked in the recent ruling: “…Are there any valid reasons for the State to discriminate against the plaintiff having sexual intercourse in the only way available to him? 

“The present case concerns the most private and intimate aspects of the identity of homosexual men, namely the manner in which they have sexual intercourse. 

“Accordingly, there must exist particularly serious reasons for the State to justifiably interfere with the manner in which homosexual men choose to have consensual sexual intercourse in private.”

The Human Dignity Trust, who helped in monumental case, have celebrated the decision. 

“The Trust applauds this decision, as well as the ongoing work of the government to reform wider sexual offence laws to eliminate discrimination and provide proper protection against all sexual violence. 

“We are delighted to have supported Ryan, his local legal team and the Collectif Arc-en-Ciel in this landmark case and we congratulate them for making Mauritius a better place for all citizens.”

“This victory is undoubtedly a major step towards the full inclusion of our community in Mauritian society”

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Mauritius.

It was retained upon independence in 1968, only shortly after the corresponding law was removed from the statute books in England in 1967.

In the ruling, Supreme Court Judges recognised the impact of colonial laws, adding: ‘Section 250 was not introduced into Mauritius to reflect any Mauritian values but was inherited as part of our colonial history from Britain. 

“Its enactment was not the expression of domestic democratic will but was a course imposed on Mauritius and other colonies by British rule.”

“Receiving this judgment in my favour is an enormous relief. From today, as a citizen and a human being, I am now free to love whoever I want to without fear. 

“Above all, it also means that the next generations can fully and freely embrace their sexuality without fear of being arrested. This victory is undoubtedly a major step towards the full inclusion of our community in Mauritian society,” Mr Ah Seek said upon the ruling. 

“I wish to express my thanks to my legal team and am also immensely grateful to the Collectif Arc-en-Ciel and the Human Dignity Trust for their support over the past four years. This is truly a collective victory,” he went on to add. 

The Supreme Court has also made other alterations, including ending discrimination against LGBTQ+ people at work. 

Mauritius has previously recognised through the enactment of the Equal Opportunities Act, the Workers’ Rights Act and the Employment Relations Act that it is unfair to discriminate on the ground of sexual orientation. 

Work has also been done to protect LGBTQ+ people against sexual violence. The Judgments made by the Supreme Court, in effect, now protects vulnerable groups against sexual violence.