FUNDAMENTAL RIGHTS

A right is defined as a power or claim proposed by an individual against other, recognized and
upheld by the state. It is a privilege which the citizens enjoy under the protection of state. These
are enforced by the state to see that citizens are free to exercise their rights, which are
incorporated in constitution. These set of rights are termed as fundamental rights. . These
fundamental and human rights are borrowed from international human rights instruments such as
the Universal Declaration of Human Rights 1948, the European Convention of Human Rights
1950, the African Charter just to name a few.

3. Fundamental rights and freedoms of the individual

It is hereby recognised and declared that in Mauritius there have existed and shall continue
to exist without discrimination by reason of race, place of origin, political opinions, colour,
creed or sex, but subject to respect for the rights and freedoms of others and for the public
interest, each and all of the following human rights and fundamental freedoms -
(a) the right of the individual to life, liberty, security of the person and the protection of
the law;
(b) Freedom of conscience, of expression, of assembly and association and freedom to
establish schools, and
(c) the right of the individual to protection for the privacy of his home and other property
and from deprivation of property without compensation,
and the provisions of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms subject to such limitations of that protection
as are contained in those provisions, being limitations designed to ensure that the
enjoyment of those rights and freedoms by any individual does not prejudice the
rights and freedoms of others or the public interest
4. Protection of right to life
1) No person shall be deprived of his life intentionally save in
execution of the sentence of a court in respect of a criminal offence of which he has
been convicted.
(2) A person shall, not be regarded as having been deprived of his life in
contravention of this section, if he dies as the result of the use, to such extent and in
such circumstances as are permitted by law, of such force as is reasonably justifiable
-
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence, or if
he dies as the result of a lawful act of war.

5. Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be
authorised by law -
(a) in consequence of his unfitness to plead to a criminal charge or in execution
of the sentence or order of a court, whether in Mauritius or elsewhere, in
respect of a criminal offence of which he has been convicted;
(b) in execution of the order of a court punishing him for contempt of that court
or of another court;
(c) in execution of the order of a court made to secure the fulfillment of any
obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a
court;
(e) upon reasonable suspicion of his having committed, or being about to
commit, a criminal offence;
(f) in the case of a person who has not attained the age of 18 years, for the purpose
of his education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious
disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound
mind or addicted to drugs or alcohol, for the purpose of his care or treatment
or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into Mauritius,
or for the purpose of effecting the expulsion, extradition, or other lawful
removal of that person from Mauritius or the taking of proceedings relating
thereto;
(j) upon reasonable suspicion of his being likely to commit breaches of the
peace; or
(k) in execution of the order of the Commissioner of Police, upon reasonable
suspicion of his having engaged in, or being about to engage in, activities
likely to cause a serious threat to public safety or public order.
(2) Any person who is arrested or detained shall be informed as soon as
reasonably practicable, in a language that he understands, of the reasons for his
arrest or detention.
(3) Any person who is arrested or detained -
(a) for the purpose of bringing him before a court in execution of the order of a
court;
(b) upon reasonable suspicion of his having committed, or being about to
commit a criminal offence; or
(c) upon reasonable suspicion of his being likely to commit breaches of the
peace,
and who is not released, shall be afforded reasonable facilities to consult a legal
representative of his own choice and shall be brought without undue delay before a
court; and if any person arrested or detained as mentioned in paragraph (b) is not
tried within a reasonable time, then, without prejudice to any further proceedings
that may be brought against him, he shall be released either unconditionally or
upon reasonable conditions, including, in particular, such conditions as are
reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial; and if any person arrested or detained as
mentioned in paragraph (c) is not brought before a court within a reasonable time in
order that the court may decide whether to order him to give security for his good
behaviour, then, without prejudice to any further proceedings that may be brought
against him, he shall be released unconditionally.
(3A)(a) Notwithstanding subsection (3), where a person is arrested or detained for an
offence related to terrorism or a drug offence, he shall not, in relation to such
offences related to terrorism, or drug offences, as may be prescribed by an Act
of Parliament, be admitted to bail until the final determination of the proceedings
brought against him, where -
(i) he has already been convicted of an offence related to terrorism or a
drug offence; or
(ii) he is arrested or detained for an offence related to terrorism or a
drug offence during the period that he has been released on bail
after he has been charged with having committed an offence related
to terrorism or a drug offence.
(b) A Bill for an Act of Parliament to prescribe the offences related to terrorism or drug
offences under paragraph (a) or to amend or repeal such an Act shall not be
passed by the Assembly unless it is supported at the final voting in the
Assembly by the votes of not less than three quarters of all the members of the
Assembly.
Amended by [Act No. 26 of 1994]; [Act No. 4 of 2002]
(4) Where a person is detained in pursuance of any such provision of law as is referred
to in subsection (1)(k) -
(a) he shall, as soon as is reasonably practicable and, in any case not more
than 7 days after the commencement of his detention, be furnished with a
statement in writing in a language that he understands specifying in detail
the grounds upon which he is detained;
(b) not more than 7 days after the commencement of his detention, a
notification shall be published in the Gazette stating that he has been
detained and giving particulars of the provision of law under which his
detention is authorised;
(c) not more than 14 days after the commencement of his detention and
thereafter during his detention at intervals of not more than 30 days, his
case shall be reviewed by an independent and impartial tribunal consisting
of a chairman and 2 other members appointed by the Judicial and Legal
Service Commission, the chairman being appointed from among persons
who are entitled to practise as a barrister or as an attorney in Mauritius;
(d) he shall be afforded reasonable facilities to consult a legal representative of
his own choice who shall be permitted to make representations to the
tribunal appointed for the review of his case;
(e) at the hearing of his case by the tribunal, he shall be permitted to appear in
person or by a legal representative of his own choice and, unless the
tribunal otherwise directs, the hearing shall be held in public;
(f) at the conclusion of any review by a tribunal in pursuance of this subsection
in any case, the tribunal shall announce its decision in public, stating
whether or not there is, in its opinion, sufficient cause for the detention, and
if, in its opinion, there is not sufficient cause, the detained person shall
forthwith be released and if during the period of 6 months from his release
he is again detained the tribunal established for the review of his case shall
not decide that, in its opinion, there is sufficient cause for the further
detention unless it is satisfied that new and reasonable grounds for the
detention exist.
(5) Any person who is unlawfully arrested or detained by any other person shall be
entitled to compensation from that other person.
(6) in the exercise of any functions conferred upon him for the purposes of subsection(1)
(k), the Commissioner of Police shall not be subject to the direction or control of any
other person or authority.
(7) Nothing contained in or done under the authority of any law shall any law shall be
held to be inconsistent with or in contravention of subsection (3) to the extent that
the law in question authorises a police officer not below the rank of superintendent
of police to direct that any person arrested upon reasonable suspicion of having
committed any offence related to terrorism or any drug dealing offence be detained
in police custody for a period not exceeding 36 hours from his arrest without having
access to any person other than a police officer not below the rank of Inspector or a
Government Medical Officer.
(8) A Bill for an Act of Parliament to amend or to repeat the provisions of any law with
regard to the keeping of a custody record and video recording in respect of the
detention of any person for a drug offence shall not be passed by the Assembly
unless it is supported at the final voting in the Assembly by the votes of not less
than three quarters of all the members of the Assembly.
Amended by [Act No. 26 of 1994]; [Act No. 40 of 2000]; [Act No. 4 of 2002]

6. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour" does not include –
(a) any labour required in consequence of the sentence or order of a court;
(b) labour required of any person while he is lawfully detained that, though not
required in consequence of the sentence or order of a court, is reasonably
necessary in the interests of hygiene or for the maintenance of the place at
which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his
duties as such or, in the case of a person who has conscientious objections
to service as a member of a naval, military or air force, any labour that that
person is required by law to perform in place of such service; or
(d) any labour required during a period of public emergency or in the event of
any other emergency or calamity that threatens the life or well-being of the
community, to the extent that the requiring of such labour is reasonably
justifiable, in the circumstances of any situation arising or existing during
that period or as a result of that other emergency or calamity, for the
purpose of dealing with that situation.

7. Protection from inhuman treatment

(1) No person shall be subjected to torture or to inhuman or degrading punishment or
other such treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question authorises the infliction of any description of punishment that was lawful in
Mauritius on 11 March 1964.

8. Protection from deprivation of property

(1) No property of any description shall be compulsorily taken possession of, and no
interest in or right over property of any description shall be compulsorily acquired,
except where -
(a) the taking of possession or acquisition is necessary or expedient in the
interests of defence, public safety, public order, public morality, public
health, town and country planning, the development or utilisation of any
property in such a manner as to promote the public benefit or the social and
economic well-being of the people of Mauritius; and
Amended by [Act No. 14 of 1983]
(b) there is reasonable justification for the causing of any hardship that may
result to any person having an interest in or right over the property; and
(c) provision is made by a law applicable to that taking of possession or
acquisition -
(i) for the payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the
property aright of access to the Supreme Court, whether direct or on
appeal from any other authority, for the determination of his interest
or right, the legality of the taking of possession or acquisition of the
property, interest or right, and the amount of any compensation to
which he is entitled, and for the purpose of obtaining payment of that
compensation.
Amended by [Act No. 14 of 1983]
(2) No person who is entitled to compensation under this section, other than a resident
of Mauritius, shall be prevented from remitting, within a reasonable time after he
has received any amount of that compensation, the whole of that amount (free from
any deduction, charge or tax made or levied in respect of its remission) to any
country of his choice outside Mauritius.
Amended by [Act No. 14 of 1983]
(3) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of subsection (2) to the extent that the law in
question authorises -
(a) the attachment, by order of a court, of any amount of compensation to which
a person is entitled in satisfaction of the judgment of a court or pending the
determination of civil proceedings to which he is a party;
(b) the imposition of reasonable restrictions on the manner in which any amount
of compensation is to be remitted; or
(c) the imposition of any deduction, charge or tax that is made or levied
generally in respect of the remission of money from Mauritius and that is not
discriminatory within the meaning of section 16(3).
(4) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of subsection (1) -
(a) to the extent that the law in question makes provision for the taking of
possession or acquisition of property -
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of the law or forfeiture inconsequence
of a breach of the law or in consequence of the inability of a drugtrafficker or a person who has
enriched himself by fraudulent and/or
corrupt means to show that he has acquired the property by lawful
means;
Amended by [Act No. 33 of 1986]
(iii) as an incident of a lease, tenancy, mortgage, charge, sale, pledge or
contract;
(iv) in the execution of judgments or orders of courts;
(v) by reason of its being in a dangerous state or injurious to the health
of human beings, animals, trees or plants;
(vi) in consequence of any law with respect to the limitations of actions
or acquisitive prescription;
(vii) for so long only as may be necessary for the purposes of any
examination, investigation, trial or inquiry or, in the case of land, the
carrying out on it –
(A) of work of soil conservation or the conservation of other
natural resources; or
(B) of agricultural development or improvement that the owner or
occupier of the land has been required, and has, without
reasonable and lawful excuse, refused or failed to carry out,
except so far as that provision or, as the case may be, the thing
done under its authority is shown not to be reasonably justifiable in a
democratic society; or
(b) to the extent that the law in question makes provision for the taking of
possession or acquisition of -
(i) enemy property;
(ii) property of a person who has died or is unable, by reason of legal
incapacity, to administer it himself, for the purpose of its
administration for the benefit of the persons entitled to the beneficial
interest in it;
(iii) property of a person adjudged bankrupt or a body corporate in
liquidation, for the purpose of its administration for the benefit of the
creditors of the bankrupt or body corporate and, subject thereto, for
the benefit of other persons entitled to the beneficial interest in the
property; or
(iv) property subject to a trust, for the purpose of vesting the property in
persons appointed as trustees under the instrument creating the
trust or by a court or, by order of a court, for the purpose of giving
effect to the trust; or
(c) to the extent that the law in question –
(i) makes provision for the payment of the amount for which the
property is to be compulsorily taken possession of, together with
interest at the legal rate in equal yearly instalments, within a period
not exceeding 10 years;
(ii) fixes the amount for which the property is to be compulsorily taken
possession of or acquired or makes provision for the determination
of that amount in accordance with such principles as may be
prescribed.
Amended by [Act No. 14 of 1983]
(4A) (a) Notwithstanding subsection (1)(c), section 17 or any other provision of the
Constitution, no law relating to the compulsory acquisition or taking of
possession of any property shall be called in question in any court if it has
been supported at the final voting in the Assembly by the votes of not less
than three quarters of all the members of the Assembly.
(b) No law under paragraph (a) shall be amended or repealed otherwise than
by a Bill which has been supported at the final voting in the Assembly by the
votes of not less than three quarters of all the members of the Assembly.
Amended by [Act No. 14 of 1983]
(5) Nothing in this section shall affect the making or operation of any law so far as it
provides for the vesting in the State of the ownership of underground water or
unextracted minerals.
Amended by [Act No. 48 of 1991]
(6) Nothing in this section shall affect the making or operation of any law for the
compulsory taking of possession in the public interest of any property, or the
compulsory acquisition in the public interest of any property, or the compulsory
acquisition in the public interest of any interest in or right over property, where that
property, interest or right is held by a body corporate established by law for public
purposes, in which no money has been invested other than money provided from
public funds.
Amended by [Act No. 14 of 1983]; [Act No. 33 of 1986]; [Act No. 48 of 1991]
9. Protection for privacy of home and other property
(1) Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision -
(a) in the interests of defence, public safety, public order, public morality, public
health, town and country planning, the development or utilisation of mineral
resources or the development or utilisation of any other property in such a
manner as to promote the public benefit;
(b) for the purpose of protecting the rights or freedoms of other persons;
(c) to enable an officer or agent of the Government or a local authority, or a
body corporate established by law for a public purpose, to enter on the
premises of any person in order to value those premises for the purpose of
any tax, rate or due, or in order to carry out work connected with any
property that is lawfully on those premises and that belongs to the
Government, the local authority or that body corporate, as the case may be;
or
(d) to authorise, for the purpose of enforcing the judgment or order of a court in
any civil proceedings, the search of any person or property by order of a
court or the entry upon any premises by such order,
except so far as that provision or, as the case may be, the thing done under
its authority is shown not to be reasonably justifiable in a democratic society.

10. Provisions to secure protection of law

(1) Where any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established
(2) Every person who is charged with a criminal offence -
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he
understands and, in detail, of the nature of the offence;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself in person or, at his own expense, by a
legal representative of his own choice or, where so prescribed, by a legal
representative provided at the public expense;
(e) shall be afforded facilities to examine, in person or by his legal
representative, the witnesses called by the prosecution before any court,
and to obtain the attendance and carry out the examination of witnesses to
testify on his behalf before that court on the same conditions, as those
applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if
he cannot understand the language used at the trial of the offence, and,
except with his own consent, the trial shall not take place in his absence
unless he so conducts himself as to render the continuance of the
proceedings in his presence impracticable and the court has ordered him to
be removed and, the trial to proceed. in his absence.
(3) Where a person is tried for any criminal offence, the accused person or any person
authorised by him in that behalf shall, if he so requires and subject to payment of
such reasonable fee as may be specified by or under any law, be given within a
reasonable time after judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an offence, and no
penalty shall be imposed for any criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that
offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall again be tried for that offence or for
any other criminal offence of which he could have been convicted at the trial of that
offence, except upon the order of a superior court in the course of appeal or review
proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been granted
a pardon, by competent authority, for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at
the trial.
(8) Any court or other authority required or empowered by law to determine the
existence or extent of any civil right or obligation shall be established by law and
shall be independent and impartial, and where proceedings for such a
determination are instituted by any person before such a court or other authority,
the case shall be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties, all proceedings of every court and
proceedings for the determination of the existence or extent of any civil right or
obligation before any other authority, including the announcement of the decision of
the court or other authority, shall be held in public.
(10) Nothing in subsection (9) shall prevent the court or other authority from excluding
from the proceedings (except the announcement of the decision of the court or
other authority) persons other than the parties and their legal representatives, to
such extent as the court or other authority -
(a) may by law be empowered so to do and may consider necessary or
expedient in circumstances where publicity would prejudice the interests of
justice, or in interlocutory proceedings, or in the interests of public morality,
the welfare of persons under the age of 18 years or the protection of the
privacy of persons concerned in the proceedings; or
(b) may by law be empowered or required to do so in the interests of defence,
public safety or public order.
(11) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of -
(a) subsection (2)(a), to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
(aa) subsection (2)(d), to the extent that the law in question authorises a police
officer to direct that any person arrested upon reasonable suspicion of
having committed any offence related to terrorism or any drug dealing
offence be detained in police custody for a period not exceeding 36 hours
from his arrest without having access to any person other than a police
officer not below the rank of Inspector or a Government Medical Officer.
Amended by [Act No. 40 of 2000]; [Act No. 4 of 2002]
(b) subsection (2)(e), to the extent that the law in question imposes conditions
that must be satisfied if witnesses called to testify on behalf of an accused
person are to be paid their expenses out of public funds;
(c) subsection (5), to the extent that the law in question authorises a court to try
a member of a disciplined force for a criminal offence, notwithstanding any
trial and conviction or acquittal of that member under the disciplinary law of
that force, so, however, that any court so trying such a member and
convicting him shall, in sentencing him to any punishment, take into account
any punishment awarded him under that disciplinary law.
(12) In this section 'criminal offence" means a crime, misdemeanour or contravention
punishable under the law of Mauritius.
11. Protection of freedom of conscience
(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience, and for the purposes of this section, that freedom includes
freedom of thought and of religion, freedom to change his religion or belief, and
freedom, either alone or in community with others and both in public and in private,
to manifest and propagate his religion or belief in worship, teaching, practice and
observance.
(2) Except with his own consent (or, if he is a minor, the consent of his guardian), no
person attending any place of education shall be required to receive religious
instruction or to take part in or attend any religious ceremony or observance if that
instruction, ceremony or observance relates to a religion that he does not profess.
(3) No religious community or denomination shall be prevented from making provision
for the giving, by persons lawfully in Mauritius, of religious instruction to persons of
that community or denomination in the course of any education provided by that
community or denomination.
(4) No person shall be compelled to take any oath that is contrary to his religion or
belief or to take any oath in a manner that is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision -
(a) in the interests of defence, public safety, public order, public morality or
public health; or
(b) for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practise any religion or belief without the
unsolicited intervention of persons professing any other religion or belief,
except so far as that provision or, as the case may be, the thing done under its
authority is shown not to be reasonably justifiable in a democratic society.
12. Protection of freedom of expression
(1) Except with his own consent, no person shall be hindered in the
enjoyment of his freedom of expression, that is to say, freedom to hold opinions and
to receive and impart ideas and information without interference, and freedom from
interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the extent that the law
in question makes provision -
(a) in the interests of defence, public safety, public order, public morality or
public health;
(b) for the purpose of protecting the reputations, rights and freedoms of other
persons or the private lives of persons concerned in legal proceedings,
preventing the disclosure of information received in confidence, maintaining
the authority and independence of the courts, or regulating the technical
administration or the technical operation of telephony, telegraphy, posts,
wireless broadcasting, television, public exhibitions or public entertainments;
or
(c) for the imposition of restrictions upon public officers, except so far as that
provision or, as the case may be, the thing done under its authority is shown
not to be reasonably justifiable in a democratic society.

13. Protection of freedom of assembly and association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of assembly and association, that is to say, his right to assemble freely and
associate with other persons and, in particular, to form or belong to, trade unions or
other associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision -
(a) in the interests of defence, public safety, public order, public morality or
public health;
(b) for the purpose of protecting the rights or freedoms of other persons; or
(c) for the imposition of restrictions upon public officers,
except so far as that provision or, as the case may be, the thing done under its
authority is shown not to be reasonably justifiable in a democratic society.
14. Protection of freedom to establish schools

(1) No religious denomination and no religious, social, ethnic or cultural association or

group shall be prevented from establishing and maintaining schools at its own
expense.
(2) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of subsection (1) to, the extent that the law in
question makes provision -
(a) in the interests of defence, public safety, public order, public morality or
public health; or
(b) for regulating such schools in the interests of persons receiving instruction in
them,
except so far as that provision or, as the case may be, the thing done under its
authority is shown not to be reasonably justifiable in a democratic society.
(3) No person shall be prevented from sending to any such school a child of whom that
person is parent or guardian by reason only that the school is not a school
established or maintained by the Government.
(4) In subsection (3), "child" includes a stepchild and a child adopted in a manner
recognised by law, and "parent" shall be construed accordingly.
15. Protection of freedom of movement
(1) No person shall be deprived of his freedom of movement, and for the
purposes of this section, that freedom means the right to move freely throughout
Mauritius, the right to reside in any part of Mauritius, the right to enter Mauritius, the
right to leave Mauritius and immunity from expulsion from Mauritius.
(2) Any restriction on a person's freedom of movement that is involved in
his lawful detention shall not be held to be inconsistent with or in contravention of this
section.
(3) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision -
(a) for the imposition of restrictions on the movement or residence within
Mauritius of any person in the interests of defence, public safety, public
order, public morality or public health;
(b) for the imposition of restrictions on the right of any person to leave Mauritius
in the interests of defence, public safety, public order, public morality or,
public health or of securing compliance with any international obligation of
the Government, particulars of which have been laid before the Assembly;
(c) for the imposition of restrictions, by order of a court, on the movement or
residence within Mauritius of any person either in consequence of his having
been found guilty of a criminal offence under the law of Mauritius or for the
purpose of ensuring that he appears before a court at a later date for trial in
respect of such a criminal offence or for proceedings preliminary to trial or
for proceedings relating to his extradition or other lawful removal from
Mauritius;
(d) for the imposition of restrictions on the movement or residence within
Mauritius of any person who is not a citizen of Mauritius or the exclusion or
expulsion from Mauritius of any such person;
(e) for the imposition of restrictions on the acquisition or use by any person of
land or other property in Mauritius;
(f) for the removal of a person from Mauritius to be tried outside Mauritius for a
criminal offence or to undergo imprisonment outside Mauritius in execution
of the sentence of a court in respect of a criminal offence of which he has
been convicted; or
(g) for the imposition of restrictions on the right of any person to leave Mauritius
in order to secure the fulfilment of any obligations imposed upon that person
by law,
except so far as that provision or, as the case may be, the thing done under its
authority is shown not to be reasonably justifiable in a democratic society.
(4) Where any person whose freedom of movement has been restricted in pursuance
of subsection (3)(a) or (b) so requests -
(a) he shall, as soon as is reasonably practicable and in any case not more
than 7 days after the making of the request, be furnished with a statement in
writing in a language that he understands, specifying the grounds for the
imposition of the restriction;
(b) not more than 14 days after the making of the request, and thereafter during
the continuance of the restriction at intervals of not more than 6 months, his
case shall be reviewed by an independent and impartial tribunal consisting
of a chairman and 2 other members appointed by the Judicial and Legal
Service Commission, the chairman being appointed from among persons
who are entitled to practise as a barrister or as an attorney in Mauritius;
(c) he or a legal representative of his own choice shall be permitted to make
representations to the tribunal appointed for the review of his case;
(d) on, any review by a tribunal in pursuance of this subsection in any case, the
tribunal may make recommendations concerning the necessity or
expediency of continuing the restriction in question to the authority by which
it was ordered and that authority shall act in accordance with any
recommendation for the removal or relaxation of the restriction:
Provided that a person whose freedom of movement has been restricted by virtue
of a restriction that is applicable to persons generally or to general classes of
persons shall not make a request under this subsection unless he has first obtained
the consent of the Supreme Court.

16. Protection from discrimination

(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is
discriminatory either of itself or in its effect.
(2) Subject to subsections (6), (7) and (8), no person shall be treated in a
discriminatory manner by any person acting in the performance of any public
function conferred by any law or otherwise in the performance of the functions of
any public office or any public authority.
(3) In this section, 'discriminatory" means affording different treatment to different
persons attributable wholly or mainly to their respective descriptions by race, caste,
place of origin, political opinions, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another
such description are not made subject or are accorded privileges or advantages
that are not accorded to persons of another such description.
(4) Subsection (1) shall not apply to any law so far as that law makes provision -
(a) for the appropriation of revenues or other funds of Mauritius;
(aa) for a minimum number of candidates for election to local authorities to be of a
particular sex, with a view to ensuring adequate representation of each sex on a
local authority;
(b) with respect to persons who are not citizens of Mauritius; or
(c) for the application, in the case of persons of any such description as is
mentioned in subsection (3) (or of persons connected with such persons), of
the law with respect to adoption, marriage, divorce, burial, devolution of
property on death or other like matters that is the personal law applicable to
persons of that description.
(5) Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) to the extent that it makes provision with respect to
standards or qualifications (not being standards or qualifications specifically relating
to race, caste, place of origin, political opinions, colour, creed or sex) to be required
of any person who is appointed to any office in the public service, any office in a
disciplined force, any office in the service of a local authority or any office in a body
corporate established directly by any law for public purposes.
(6) Subsection (2) shall not apply to anything which is expressly or by necessary
implication authorised to be done by any such provision of law as is referred to in
subsection (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this section to the extent that the law in
question makes provision whereby persons of any such description as is mentioned
in subsection (3) may be subjected to any restriction on the rights and freedoms
guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is
authorised by section 9(2), 11(5), 12(2), 13(2), 14(2) or 15(3), as the case may be.
(8) Subsection (2) shall not affect any discretion relating to the institution, conduct or
discontinuance of civil or criminal proceedings in any court that is vested in any
person by or under this Constitution or any other law.
Amended by [Act No. 23 of 1995]; [Act No. 35 of 2011]