The nation of Botswana has taken a giant step forward in LGBTI Rights with the nations High Court finally legalising homosexuality and officially recognising the human rights of LGBTI people.
The unanimous decision made by a panel of three judges found that sections 164(a), 164(c), 165, and 167, of the Botswana Penal Code, violated the constitutional rights of LGBTI people, denying them the human rights of to dignity, liberty, privacy, and equality.
The panel who officially declared sections 164(a), 164(c) and 165, of the Penal Code (which included sections that would result in up to 7 years imprisonment for “carnal knowledge of a person against the order of nature,” and “gross indecency”) to be unconstitutional.
“What regulatory joy and solace is derived by the law, when it prescribes and criminalises such conduct of two consenting adults, expressing and professing love to each other, within their secluded sphere, bedroom, confines and/or precinct?” asked the three judges.
“Is this not a question of over-regulation of human conduct and expression, which has the effect of impairing and infringing upon constitutionally ordained, promised and entrenched fundamental human rights?”
The court continued adding that “personal autonomy on matters of sexual preference and choice must, therefore, be respected. Any criminalisation of love or finding fulfilment in love dilutes compassion and tolerance.”
The Botswana victory follows the recent decision by the Kenya High Court to reject a petition to repeal that country’s colonial-era laws criminalising consenting homosexual acts.
