(L-R) Tim Otty, Abdool Ridwan Firaas Ah Seek and Gavin Glover (Courtesy photo)
The Mauritius Supreme Court on Oct. 4 declared Article 250 of the country’s penal code that criminalized consensual same-sex sexual relations unconstitutional.
The Young Queer Alliance, RekonekT, Collectif Arc-en-Ciel and other advocacy groups over the last couple of years have fought hard to decriminalize homosexuality in the country.
Abdool Ridwan Firaas (Ryan) Ah Seek, a gay man and prominent LGBTQ activist, in October 2019 filed a lawsuit that sought to strike down the penal code. His legal team included lawyers Gavin Glover, Yanilla Moonshira and Komadhi Mardemootoo. Human Dignity Trust and the organization’s founder, Tim Otty, and Herbert Smith Freehills supported the case.
“It has been a long battle and receiving this judgment in my favor is an enormous relief,” said Seek. “From today, as a citizen and a human being, I am now free to love whoever I want without fear. Above all, it also means that the next generations can fully and freely embrace their sexuality without fear of being arrested.”
LGBTQ Mauritians consistently face verbal harassment and even physical attacks from the community and religious sector, even though authorities rarely arrested anyone under Article 250 before the ruling.
Anjeelee Beegun of RekonekT said the Supreme Court ruling ensures everyone’s human rights are respected, regardless of their sexual orientation.
“Today the Supreme Court finally recognized that Section 250 of the penal code violates the fundamental human rights guaranteed by the constitution,” said Beegun. “More importantly, the Supreme Court has stated in clear terms that the constitution, which is the supreme law of the land, protects us from discrimination on the basis of sexual orientation.”
Beegun further described the ruling as a historic moment for LGBTQ Mauritians, noting the penal code is a legacy from the country’s colonial past.
“We can finally break free from the shackles of a centuries’ old law which, despite being a remnant of the country’s colonial past, continued to feed into the stigma and hate against LGBTQIA+ people in present days,” said Beegun.
“The LGBTQIA+ community in Mauritius continues to face numerous challenges, but the decriminalization of same-sex intimacy is paramount to the full inclusion of LGBTQIA+ people,” added Beegun. “This judgment is a huge leap forward in the right direction and will hopefully inspire the community to continue fighting for equality and dignity.”
Young Queer Alliance said the existing penal code violated the constitution.
“Section 250 of the criminal code is unconstitutional and violates Section 16 of the constitution in so far as it prohibits consensual acts of sodomy between consenting male adults in private and should accordingly be read to exclude such consensual acts from the ambit of Section 250,” said the group in a social media post.
Human Dignity Trust Chief Executive Téa Braun said the ruling was long overdue.
“Another 8-year effort comes to a gloriously decisive victory for equality and justice,” said Braun.
Collectif Arc-en-Ciel Vice President Dimitri Ah-Yu commended Seek for his endurance and perseverance in the case.
“This is an historic day for our organization and the entire LGBT community in Mauritius,” said Ah-Yu, noting Section 250 dates back to 1838. “We salute Ryan Ah Seek for his courage and the Supreme Court for choosing inclusion and human rights over conservatism and reprobation. At Collectif Arc-en-Ciel, we believe that it should be a collective responsibility to stand against discrimination and defend fundamental human rights.”
Angola, Botswana, Mozambique and South Africa are among the other countries in southern Africa that have decriminalized consensual same-sex sexual relations. The Mauritius Supreme Court issued its ruling roughly two months after a Pan Africa ILGA conference took place in the country.
