A campaign carried into court
Ah Seek filed the challenge in 2019, and Collectif Arc-en-Ciel joined as an interested party. The case was heard in November 2021. After the judgment, Ah Seek, then president of the organisation, described what it meant personally: “Receiving this judgment in my favour is an enormous relief.” He thanked the local legal team and the organisations that had supported the case. [2][1]
Equality protection includes sexual orientation
The court interpreted the Constitution’s prohibition of discrimination on grounds of sex as including sexual orientation. Its ruling required Section 250 to be read as excluding private, consensual sexual acts between adult men. The judgment therefore addressed the criminal provision’s discriminatory reach rather than replacing the whole of Mauritius’s sexual-offences law. [1]
United Nations agencies welcome the decision
UN Resident Coordinator Lisa Singh welcomed the ruling as an affirmation of non-discrimination. Anne Githuku-Shongwe, UNAIDS regional director for Eastern and Southern Africa, linked it to access to health and social services without fear of arrest. The joint UN statement also stressed continued work against stigma, highlighting the role of community-led organisations in securing the change.