Gay Sex Is No Longer A Crime In Mauritius

A 185-year-old British colonial-era law had made anal intercourse between gay men a crime.

Gay Sex Is No Longer A Crime In Mauritius

In a historic moment, Mauritius Supreme Court has ruled that criminalizing same-sex acts is unconstitutional.

mauritius lgbt pride wedding rainbow
Wearing wigs and in full make-up, men dressed in sequinned dresses, feather boas and high heels lead a march down the busy high street of Rose Hill, Mauritius, May 20, 2006. (REUTERS/Jean Alain Laperotine)

In Mauritius, a British colonial-era law criminalized anal intercourse between gay men with up to five years in prison.

Mauritius LGBTQ rights pride march
Members of the gay and lesbian community in Mauritius take part in a march for gay rights and gender equality in the town of Rose Hill June 2, 2007. (REUTERS/Jean Alain Laportine/File Photo)

On Wednesday Oct. 4, the court determined the law breached people’s rights to freedom of expression, privacy, and liberty, ending the 185 years colonial law.

The case was brought forward by activist Abdool Ridwan (Ryan) Firaas Ah Seek in 2019.

Gay activist, Ah Seek, stands in between two men at the front of Mauritius Supreme Court building

Ah Seek, who has been living with his partner for the last 10 years, said, “he lives in constant fear of being arrested as Section 250(1) of the Criminal Code criminalizes acts of sexual intimacy between men in Mauritius”, according to the Supreme Court’s judgement.

Gay activist, Ryan Ah Seek, with members of CAEC at the Supreme Court in November 2021.

LGBTQ rights organization, Human Dignity Trust , said there is no record of the law being enforced for years, but the existence of it marginalizes and discriminates LGBTQ people.

“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,” Ah Seek said.

Mauritius LGBT protest
Some 300 people of the gay community took to the streets of Rose Hill in central Mauritius 02 June 2007 to protest against the stigmatisation and discrimination regarding the sexual orientation of individuals. (ALI SOOBYE/AFP via Getty Images)

Activists hope the ruling will cause other Africa nations to overturn their anti-gay legislation.

South Africa, Botswana, Seychelles, Angola and Mozambique have also ended colonial laws that criminalized consensual intercourse between gay people in recent years.

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