Landmark Ruling In Botswana: Cheers To The High Court For Decriminalizing Gay Sex

While many people still have problems understanding that sexual orientation is a natural part of who a person is, Botswana’s high court struck down the anti-gay sex law in the country on Tuesday.

Under this nation’s 1965 penal code, homosexuality is punishable by a jail term of up to 7 years.

This is a big victory for LGBTQ rights in Africa and, setting aside the provisions of a Victorian-era, Judge Michael Elburu ordered the laws to be amended.

He also mentioned that the existing laws are oppressing a minority of the population and that he finds nothing reasonable about discriminating a particular section of the society and emphasized on the fact that like everything else, gay sex is also “a variety of human sexuality.”

Apart from that, the highest judicial body also received a petition, by an anonymous individual who had the initials LM for security purposes. The person challenged the IPC’s two sections that say the offenders will face a jail sentence of up to seven years. But the court did not pass a ruling on this issue in March and rather postponed it and this created an atmosphere of tension among activists and people who were anxiously waiting for the verdict. According to the report, Judge Elburu also stressed on the fact that “Sexual orientation is human, it’s not a question of fashion,” he said. “The question of private morality should not be the concerns of the law.”

Before the landmark verdict came on June 11, 28 out of 49 countries in sub-Saharan Africa had laws that criminalized consensual same-sex relationships, said Neela Ghoshal, a Human Rights Watch (HRW) specialist in lesbian, gay, bisexual, and transgender rights.

While most of the laws that punish homosexuality belong to the colonial era and the stigmas attached to gay people make it worse for them to live freely in society. But thankfully times are changing now and this year in May, Hight Court of Kenya also overturned laws against gay sex.

Further, under Sharia law in Mauritania, Sudan and northern Nigeria there is a death penalty for gay sex but in recent years, no executions have been reported. But, according to the AFP report, gay men in southern Somalia are believed to have been put to death in the territory ruled by the Al Shabaab jihadist group. But, recently, countries like Angola, Mozambique, and Seychelles have discarded anti-gay laws.

Striking down discriminatory laws sends a strong message of acceptance, love and equality and freedom and is proof of an inclusive society.