Sexual Offences Bill

Mahmoud Asgari (16) and Ayaz Marhoni (18) were tortured and then hanged in Iran for being gay July 19, 2005.
(Sodomy Laws 2007)

For sure something had to be made to amend current laws on sex offences in Mauritius. But the major political debates that have been aroused so far, have staggered over just 1 term dealt by this bill which was sodomy.

From a scientific point of view sodomy is an unhealthy practice (and I stress a scientific point of view), reasons being the increased likelihood of transmission of some sexually transmitted diseases through anal intercourse than through normal vaginal sexual intercourse. It is a fact that the anal lining made, mostly of mucus is thinner than that of the vagina, hence a high chance of that very lining to rupture and cause mixing of body fluids (Recall that sexually transmitted diseases like AIDS only prevails when there is mixture of body fluids like blood and semen). (Health24 2007)

Moreover, Mauritius being a secular country, various perception of the legalizing of consensual sodomy practice has been heard so far, like the MSM leader Pravind Jugnauth qualifying it as immoral (L’Express 2007). Again, Mauritius is a secular country. Laws cannot be passed on a moral basis. What can be moral to one particular group of people (say the Hindus) may not be moral to another group of people (say the Muslims). Consensual Sodomy among adults is their sexual privacy and as far as consensual sex is concerned Law has nothing to do in it.

Some might argue that legalizing consensual sodomy would normalize it and encourage it. It would endanger not only the physical health but also the moral health of our nation, but let us not forget that the new bill also states that non-consensual sex with any human being (which in my opinion is a good step ahead, not only against women but any human including children, the handicaps and others) may result in not more than 45 years behind bars.

Adultery and divorce has already greatly weakened the social and legal foundation of the family as an institution in the Mauritian society and now with so many debates on consensual sodomy will further contribute to the erosion of the family some might say. But in my opinion the new bill will not change much to the actual sexual behaviors and practices in Mauritius, but it is only formalizing what is already in place. And, much of the ongoing debates, let us face it is based on much – not to say pure – pretense.

References:
(Sodomy Laws 2007) Sodomy Laws. Sodomy Laws Around the World. Accessed on April 20 2007 from: http://www.sodomylaws.org/.

(Health24 2007) Health24 2000-2007. Transmission through sexual acts. Acessed on April 20 2007 from: http://www.health24.com/medical/Condition_centres/777-792-814-1764,22011.asp.

(L’express 2007) AllAfrica Global Media. allAfrica.com: Mauritius: Sodomy Halts Debates on Sexual Offences Bill. Accessed on April 20 2007 from: http://allafrica.com/stories/200704120496.html.