PORT-LOUIS (Reuters) – The Supreme Court of Mauritius has invalidated a colonial-era law that criminalized same-sex relations, diverging from the trend seen in other African countries where laws restricting LGBT rights have been enacted or proposed.
In a ruling on two cases initiated by members of the gay community in Mauritius, the court declared section 250 of the Mauritian criminal code unconstitutional. This law, which dates back to 1898 during British colonial rule, was struck down by the court as it was inherited from Britain and not reflective of indigenous Mauritian values.
The government, which was the defendant in these cases, acknowledged the arguments put forth by LGBT citizens but contended that the prevailing values of society made it untimely to amend the law through parliament.
Nonetheless, the Supreme Court opined that the old law “criminalises the only natural way for the plaintiffs and other homosexual men to have sexual intercourse, whereas heterosexual men are permitted the right to have sexual intercourse in a way which is natural to them”.
UNAIDS, the United Nations agency responsible for combatting the HIV/AIDS pandemic, regarded the ruling as a significant step towards public health, equal rights, and respect for the LGBT community.
“UNAIDS commends Mauritius for today’s decision, which will ensure that men who have sex with men can easily access the health and social services they require without fearing arrest or criminalisation,” stated Anne Githuku-Shongwe, a senior UNAIDS official in the region. “It will save lives.”
Githuku-Shongwe emphasized the need to continue dismantling the barriers of stigma and discrimination.
The Mauritian ruling sharply contrasts with developments elsewhere in Africa, particularly in Uganda where one of the world’s most severe anti-homosexuality laws was enacted in May, imposing the death penalty for certain same-sex acts.
Although Uganda faced widespread condemnation for the law and experienced the suspension of some aid flows, lawmakers in other African countries, including Kenya, Tanzania, and South Sudan, are working towards implementing similar legislation in their nations.
Proponents of such laws argue that same-sex relations are unnatural and contend that Africans must resist what they perceive as the imposition of Western values that jeopardize social order.
(Reporting by Villen Anganan; writing by Estelle Shirbon; editing by Mark Heinrich)
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