(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.