Three years since the Section 250 judgment: what changed, what still needs to change?
Three years ago, on 4 October 2023, the Supreme Court of Mauritius delivered a landmark judgment that changed the legal landscape for LGBTQIA+ people in Mauritius.
In Ah Seek v The State of Mauritius, the Court declared unconstitutional the criminalisation of consensual same sex intimacy between adult men in private under Section 250 of the Criminal Code. The judgment was a historic moment for equality, dignity and freedom, and for many in the LGBTQIA+ community, it represented something just as important: hope.
Among those closest to that journey was Ryan Ah Seek, the plaintiff in the case and a former board member of Collectif Arc En Ciel. Three years later, he reflects on what the judgment achieved, what has changed in the lives of LGBTQIA+ people, and why the fight for equality is far from over.
A victory that brought hope
Looking back, Ryan describes the judgment as a moment he is still proud of and overwhelmed by.
“It was a really big achievement, quite unexpected but it happened,” he reflects. “It brought so much hope and possibilities to many of us. The hope that changes and justice can happen for a much better world.”
The judgment was not simply a legal victory. It was a reminder that change was possible, even when the outcome seemed uncertain. For a community that had lived under a law criminalising an aspect of their private lives, the decision represented a significant shift in how LGBTQIA+ people could see themselves in relation to the State.
Three years later, Ryan believes that this sense of possibility remains one of the judgment’s most important legacies.
Three years later, what has actually changed?
The impact of the judgment has not been experienced in the same way by everyone.
Ryan observes that while some people may have forgotten about the judgment, others feel more comfortable being themselves and feel, in some way, more recognised by the State.
“The LGBTQIA+ of Mauritius feels a bit more free to love and express their love,” he says.
For Ryan, this is one of the most tangible changes brought by the judgment. Decriminalisation did not resolve every challenge faced by LGBTQIA+ people, but it removed a significant legal barrier and created greater space for people to live and express their identities.
Yet legal change does not automatically translate into full equality.
The judgment dealt with one specific area of criminal law. It did not create comprehensive protection for LGBTQIA+ people across every aspect of life. For Ryan, the next chapter must therefore focus on building a stronger legal framework that protects the community more broadly.
“Many changes have to be brought in our laws”
Winning the Section 250 case was a major achievement, but Ryan believes it cannot be treated as the end of the journey.
“Having won the battle of Section 250 is a big thing but we need specific mentions and laws to protect the community,” he says.
He points specifically to hate speech and online threats, arguing that these continue to affect LGBTQIA+ people while often receiving insufficient attention.
“Hate speech, for example, is taken lightly in the country and no action [is] taken. Online threats keep persisting and still nothing.”
For Ryan, the issue extends beyond LGBTQIA+ rights alone. He believes Mauritius needs a broader assessment of its legal framework and meaningful reform where laws are outdated or insufficiently defined.
“The State and government should have a good assessment of our laws and bring the rightful change, and not only for the LGBTQIA+ community.”
The Section 250 judgment showed that legal systems can change. Three years later, Ryan’s message is that this momentum should continue.
A community that is more visible, but also more exposed
Ryan has also witnessed changes in the way LGBTQIA+ people are perceived and how openly members of the community express themselves.
“People’s mindset has progressed in a mature way,” he says. He believes Mauritian society is increasingly aware of the presence and experiences of gay people, while younger LGBTQIA+ people are becoming more open about their identities, particularly on social media.
That visibility can create greater awareness and understanding. But it can also bring new challenges.
“Having a bigger presence, being louder also brings more attention from the haters,” Ryan says.
He describes a growing backlash against LGBTQIA+ rights, including hateful language, threats and attempts to frame equality as a threat to society, children or progress.
For Ryan, this creates a contradiction at the heart of the community’s progress: LGBTQIA+ people are becoming more visible and more willing to claim their place in society, while some forms of hostility towards them are becoming increasingly visible too.
Progress, therefore, cannot simply be measured by visibility. It must also be measured by whether people are safe, protected and treated with dignity.
“NGOs have to work together”
For Ryan, the responsibility for the next chapter does not rest on one organisation or one individual.
“NGOs have to work together, cause we are all fighting the same thing.”
He recognises that there has been an increase in LGBTQIA+ organisations and in the number of people willing to contribute to the movement. For him, this is a positive development.
“The merrier the better.”
But he believes collaboration must go beyond simply having more organisations. The movement needs coordination, mutual respect and a shared commitment to working towards common goals.
“What’s the use of having a thousand of NGOs but each one leading a different way or stepping on each other?”
Ryan believes organisations can maintain their own identities, beliefs and approaches while still joining forces where their objectives overlap.
For him, the priorities remain clear: stronger legal protection and genuine recognition of LGBTQIA+ people.
Remembering the fight behind the headline
Perhaps Ryan’s most powerful reflection is about how we remember the Section 250 victory.
Three years later, the judgment can easily become a headline, a date in a timeline or a milestone mentioned in an anniversary post. But Ryan wants the community to remember what came before the victory.
“I would like them to remember the fight itself, the sacrifices behind, the time spent on it, the reputational impact of the person involved, the tears and the win itself.”
Behind every landmark judgment are people who take risks, face uncertainty and carry the consequences of standing up publicly for change.
Ryan also wants younger members of the LGBTQIA+ community to see themselves as part of that continuing history.
“We tend to focus on the big titles, and beautiful pictures.”
His message is not about celebrating individuals as extraordinary figures. Instead, it is about reminding people that change is made by ordinary people who choose to act.
“I would also wish for them to be more included and tell themselves that if one human along with a group of others have been able to walk that path, so can they.”
And perhaps that is the most enduring lesson of Section 250 three years later.
“Me and the others, we are not heroes with superpowers, just some human beings wishing and fighting constantly for an equal place for our community.”
Three years on
The Section 250 judgment changed the law. It gave LGBTQIA+ people greater freedom to live their private lives without the threat of criminalisation. It demonstrated that constitutional protections can be used to challenge discriminatory laws. And it gave many people something that cannot be measured in legal terms alone: hope.
But three years later, the work continues.
Legal protection against discrimination, meaningful responses to hate speech and online threats, recognition of LGBTQIA+ people and stronger collaboration within the movement remain part of the road ahead.
The story of Section 250, then, is not only about what was won in 2023.
It is also about what happens after a landmark victory.
It is about whether the hope created by that moment can become lasting change in people’s everyday lives.
And, ultimately, it is about remembering that the people who make history are not always extraordinary people. Sometimes, they are simply people who decide that their community deserves an equal place in the world, and refuse to stop fighting for it.
