The top court of Mauritius has changed the law to make gay sex legal. They said that the previous ban was based on old rules from when Mauritius was a colony, and not on the country’s own beliefs and customs.
British colonialists made it illegal to engage in “sodomy” in 1898, but authorities have not been enforcing this law in recent times.
The man who likes other men and took the matter to court said he can now love whomever he wants without being scared.
This decision is made when there is more hate towards gay people and stricter laws against them in some African countries.
Uganda’s President Yoweri Museveni signed a law in May that is against homosexuals. This law says that people who have sex with children or rape someone will be punished with death.
Many people in Uganda and other African countries believe that homosexuality is not a part of their African culture and goes against their religious beliefs.
This case in Mauritius was brought by Abdool Ridwan Firaas Ah Seek. He argued that the law against same-sex relationships violated his basic rights, such as the right to freedom.
The highest court in Mauritius said that the law was not based on the beliefs and customs of the indigenous people of Mauritius, but was instead passed down from British colonial rule.
The judges said that the decision to implement this was not based on what the people wanted, but was forced upon Mauritius and other colonies by the British government.
This decision means that individuals cannot be arrested for engaging in gay sex anymore, but the law still needs to be officially removed by the parliament in order to make it legally accepted.
In legal documents, the state said it wasn’t being unkind to the LGBT community, but the laws can only be changed by parliament when society is ready for it.
Mauritius became independent in 1968, but continued to prohibit gay sex.
Religious groups are strongly against getting rid of it.
Abdool Ridwan Firaas Ah Seek stated that the decision would allow upcoming generations in Mauritius to comfortably and openly accept their sexuality without the worry of being taken into custody.
The Human Dignity Trust (HDT) stated that it brings an end to over a hundred years of discrimination against LGBT individuals in Mauritius.
The ruling told African countries that still make same-sex relationships illegal to get rid of these laws.
In Mauritius, the law says that having gay sex can lead to being put in jail for up to five years. However, the HDT says that this law is mostly not followed anymore.
There are 64 countries around the world where being gay is against the law, and almost half of them are in Africa.
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