Mauritius’ highest court has made a significant decision by decriminalizing gay sex, asserting that the ban was rooted in colonial-era values rather than indigenous beliefs.
The ban on “sodomy” was first introduced by British colonialists in 1898 but has not been enforced in recent years.
The petitioner in the case, a gay man, expressed relief, stating that he is now free to love without fear.
This ruling comes at a time when some African states are imposing stricter anti-gay laws and experiencing a rise in homophobia.
Uganda, for instance, enacted a controversial Anti-Homosexuality law imposing the death penalty for “aggravated homosexuality,” a term that includes sex with children or rape.
Critics argue that homosexuality is seen as “un-African” in many African countries and goes against their religious beliefs.
Abdool Ridwan Firaas Ah Seek, who brought the case in Mauritius, argued that the law violated his basic rights, including the right to liberty.
The Supreme Court emphasized that the law did not align with indigenous Mauritian values but was a colonial imposition from British rule.
While this ruling means people can no longer be arrested for gay sex, parliament will need to repeal the law to make it officially legal.
Mauritius, which gained independence in 1968, had retained the ban on gay sex, a stance opposed by religious groups.
The decision is expected to empower future generations in Mauritius to embrace their sexuality without fear of legal repercussions, according to Abdool Ridwan Firaas Ah Seek.
The Human Dignity Trust (HDT) hailed the ruling as a removal of over a century of state-sanctioned stigma against LGBT people in Mauritius and a message to other African countries with similar laws to reconsider them.
While the law in Mauritius prescribes a prison sentence of up to five years for gay sex, it is largely considered obsolete in practice, as noted by the HDT.
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