1. What made you decide to challenge Section 250?
I have been involved in activism since 2015, and throughout my journey, I saw and experienced the difficulties community members faced. One of the biggest threats the community faced was that they may be persecuted or face prosecution legally through Section 250 of the Mauritian Criminal Code by anyone who had ill intentions. Section 250 was there as a ready-made weapon which could be used against LGBTQ+ people.
The idea to challenge Section 250 did not emanate from me. It was actually my partner, Najeeb, who thought of this. That endeavour started with him. The rationale for challenging Section 250 was direct and simple – we had been working with the community for years by then, and saw and experienced first-hand how that section of the law was causing harm to people in the LGBTQ+ community. If you want something to change, then you need to work for that change yourself. We could not wait for someone else to do something about an issue that was affecting us, our partners, our friends, and people in our community. We had to take matters into our own hands and start somewhere. So, we did.
He discussed the prospect with me over the course of several weeks, brainstorming different strategies and angles from which the issue could be tackled. During one of these discussions, he told me that he wanted that I be part of this journey with him as a co-plaintiff. Further down the road, we were joined by two more people who shared our vision and goals with respect to Section 250. This is a bit the background of how our team of co-plaintiffs was formed.
2. The case took several years before the final judgement in 2023. What was that experience like for you?
It was not an easy journey. We were very conscious that we were challenging a very old section of the law that dated back to colonial times. It was a difficult and huge endeavour. We engaged ourselves in a litigation against the state and its institutions. The years of fighting the case were years of uncertainty of whether the result would be in our favour or not. Our names and identities became public. We were fighting a very public battle.
It was mentally and emotionally very taxing on all four of us. Three of us were public officers. One was still a student. We faced challenges on every front. From our families to the public space.
On a personal level, I would say the journey was very mentally hard. I remember having a mental breakdown after our first hearing. The only memory I had back then was that, while our lawyers were speaking in court, I was sitting at the back and that was the moment that everything really sank in about what we were doing, and what could be the potential outcomes, and how the haters might attack me. A terrible feeling of dread and fear slowly filled my mind. I was more scared that they might come for my family.
After the hearing that day, everyone left the room, and I was just sitting there, for I do not know how much time. I kind of went numb and blank and did not even realise that everyone was gone and I was alone. It was only some time later, when Najeeb, my partner, came back looking for me, that I was drawn out of my stance. That was my experience for our first hearing.
The years were hard on all of us actually. At one point, the pressure became so much that some of us wanted to quit.
However, we learnt to become our own support system through these challenging times. Only the four of us understood what each other was going through, and through that understanding, we were able to hear, counsel and help each other. We held and carried each other through the whole experience.
After some more time, we realised something. We could not go back. That was not an option. We were engaged in something that was bigger than us. The outcome of this case would impact thousands of lives. We had to do it, not only for us, but for everyone else. We were resolved.
3. What do you remember about the day the Supreme Court gave its judgement? How did you feel when you heard the decision?
Honestly, I was very surprised when we received the verdict. Surprised in a good way of course. I was very happy.
The fact that the Supreme Court declared Section 250 unconstitutional was great. But what was even better was that the verdict acknowledged that the definition of sex includes sexual orientation. That in itself was one of the biggest wins we could have hoped for because going forward, any and every law that protects an individual on the basis of sex, also extends that protection to the demography of sexual orientation.
For people of the LGBTQ+ community, that day was commemorated as a great achievement, and was proof that through all the hard work and perseverance of everyone, things were moving in the right direction. Going forward, 04 October 2023 will be a date that will always be remembered by the community as part of LGBTQ+ advocacy in Mauritius
The feeling of happiness however, was soon replaced by caution soon after. The days which followed the verdict became dark very quickly as a very violent wave of hate, especially social media, quickly materialised. Plaintiffs of both cases, Ryan’s and ours’, as well as others who were directly and indirectly involved, started being victims of very hateful and violent messages, including death threats. We could not walk safely on the streets. Everywhere suddenly became very unsafe for all of us, and we had to kind of change our state of mind from happiness to caution and safety.
4. What do you think changed for LGBTQ+ people in Mauritius after Section 250 was decriminalised?
The decriminalisation of Section 250 in 2023 was, for me, a historic moment. It was not simply about removing an outdated provision from our laws; it was about the State finally recognising that LGBTQ+ people should not be treated as criminals simply because of who they are or whom they love.
I think it also brought a sense of dignity and validation to our community. For generations, LGBTQ+ Mauritians lived under a law that, even when it was not actively enforced, sent a very powerful message that there was something wrong or illegal about us. Removing that law helped change that message.
But I also think we have to recognise what decriminalisation could and could not do. A judgment can change the law overnight, but it cannot erase decades of stigma, prejudice and discrimination overnight. LGBTQ+ people still have very different experiences depending on their families, workplaces, communities and the institutions they interact with.
So, for me, 2023 was not the end of a struggle. It was an important victory and, perhaps more importantly, proof that change is possible in Mauritius.
5. Do you think things have really changed in society since 2023, or is there still more work to be done?
Yes, I believe things have changed, but there is still a tremendous amount of work to be done. We are talking about LGBTQ+ issues more openly today. There is greater visibility, younger people are increasingly willing to speak about who they are, and conversations that were once almost impossible to have in Mauritius are now taking place publicly. That progress matters.
At the same time, legal acceptance and social acceptance are two very different things. Discrimination does not disappear simply because a law changes. LGBTQ+ people can still experience rejection within their families, discrimination or discomfort in workplaces, barriers when accessing services, and fear of being judged when dealing with institutions. My own advocacy and research have reinforced for me how important dignity, safety, trust and genuine inclusion are when LGBTQ+ people interact with public institutions.
I therefore think we are in a transitional period. Mauritius has taken important steps forward, but we now have to make sure that the values reflected in our laws become part of our everyday culture and institutions. The next stage of the movement cannot only be about changing legislation; it must also be about changing attitudes.
6. What do you hope will change next for LGBTQ+ people in Mauritius?
My hope is that we move from decriminalisation towards full equality. I want to see a Mauritius where an LGBTQ+ person does not simply have the right to exist without being criminalised, but has the same opportunities, protections, recognition and dignity as everyone else.
Marriage equality is obviously part of that conversation. If we truly believe that all citizens are equal, then LGBTQ+ couples should also be able to have their relationships and families recognised equally before the law.
But my hopes go beyond marriage. I want stronger protection and recognition for transgender and gender-diverse people. I want LGBTQ+ people to be able to access healthcare, employment, justice and public services without fear of discrimination. I want our institutions to understand the realities of LGBTQ+ people rather than expecting LGBTQ+ people to constantly adapt themselves to institutions that were never designed with them in mind.
Most importantly, I hope the next generation grows up in a Mauritius where they do not have to fight the same battles that previous generations fought.
Every generation of LGBTQ+ activists has pushed the door a little further open. We inherited the progress made by people who came before us, and I believe we have a responsibility to push that door even further for those who will come after us.
For me, that is what progress ultimately looks like: not simply winning rights for ourselves, but leaving behind a Mauritius that is freer, kinder and more equal than the one we inherited.
Visham
Communication Volunteer YQA
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