Anal and oral sex will no longer be a criminal offence in Singapore but this will only apply to consenting heterosexual adults while sexual acts between men will remain a crime, the government said on Wednesday.
A relic of British colonial rule, Section 377 - which criminalises sexual acts 'against the order of nature with any man, woman or animals' and provides for life imprisonment for life, or with imprisonment and a fine - will be repealed while Section 377A, which criminalises "gross indecency" between males whether in public or in private and prescribes up to two years' imprisonment, will be left as is.
Britain, Hong Kong and Australia have since repealed laws prohibiting sex between men in 1967, 1991 and 1997 (in the state of Tasmania, the last Australian state to do so) respectively.
An "explanatory note" issued by MHA to official newsrooms after office hours on Tuesday, which was obtained by Fridae, read: "The law on sexual offences deals with sexual relationships and embodies what society considers acceptable or unacceptable behaviour.
"When it comes to homosexual acts, the issue is whether Singaporeans are ready to change laws to bring them in line with heterosexual acts. Singapore remains, by and large, a conservative society. Many do not tolerate homosexuality, and consider such acts abhorrent and deviant. Many religious groups also do not condone homosexual acts. This is why the Government is neither encouraging nor endorsing a homosexual lifestyle and presenting it as part of the mainstream way of life."
The news has enraged the local gay community. Miak, who is an active member of several gay groups, said: "What is the argument for the decriminalising of non-vaginal sex between heterosexuals but not for homosexuals? Is it about how conservative Singapore society is, and how some people find homosexual sex deviant, offensive, repugnant? I think that the same people might also find non-vaginal - meaning oral/anal sex which will soon be legalised - deviant, offensive and repugnant too!"
"The law hasn't been used to prosecute in recent times - so what is the point of retaining it? To maintain a facade of moral standards?"
While welcoming the repeal of Section 377, gay and lesbian advocacy group People Like Us (PLU) said that the "assurance" that it "will not be proactive in enforcing the section against adult males engaging in consensual sex with each other in private" is inadequate as it cannot be relied upon legally.
In a statement issued on Wednesday to call on the government to repeal both Section 377 and 377A, PLU said: "The retention of s.377A, even if not enforced, will signal to many that homophobia is justifiable and acceptable and has the support of the State.
"If the government aims for an open, inclusive society, it should be doing all it can to overturn prejudice and discrimination, rather than give people reason to remain closed-minded through retaining s.377A for symbolic purposes."
Subhas Anandan, president of the Association of Criminal Lawyers in Singapore, questioned the rationale for not repealing Section 377A in a Channelnewsasia interview: "If you are a homosexual or a lesbian, I think you can get into trouble. We are talking about an inclusive society and being more broad-minded. Why do we want to keep these people away, out of the circle? I think we should be more broad-minded, more sympathetic and allow these people to be included in our society."
Other proposed amendments include new laws to combat child prostitution, sex tourism, strengthened prosecution of credit card fraud and the extension of several offences to the electronic media including the Internet as well as a clarification of the definition of an unlawful assembly. In total, the proposed changes would add 19 new ones, affect 19 existing offences, and review penalties, and will now be open to public feedback for a month via reach.gov.sg.
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Reader's Comments
There is something Rotten in the State of Singapore.
Time to save arse, not face. Good luck U guys!
The straight Singaporean law makers (I presume they are men) want to enjoy anal sex and oral sex with their wives!!! (sigh) The world is going crazy...
what is the difference betw hetero anal sex and homo anal sex??
what a load of bull!
When their own sons are convicted of such acts.. Oh how I can't wait to have a look at their agony..
~Hi 5 to tornangel!!~
So what is the logic when MHA mentioned that the society does not condone homosexual behaviour? What a hypocritic society it is when they allow 2 women and not 2 men having sex with each other.
so much for being a free speaking country....
i agree....properly the straight man want some legal anal with woman....straight man are disgusting!!!
Who's going to be appointed as the new Director of Anal and Oral Sexual Activity to make sure these new laws are upheld and enforced, I wonder? Can I apply? I have extensive experience in this field, having performed anal and oral sex on a daily basis since I was 12. I consider myself the "Michael Jordon" of buggery and fellatio.
to the Singapore government: (most probably you have your "moles" inside the fridae.com domain and monitor it regularly)...
as much as you continually torment and oppress your citizens with utter bohemian hate, fear, predjudice and discrimination, now and then you're good for a huge laugh...
Don't stick your cocks up your wife's/girlfriend's/mistress' butts/mouths too often....we need you to KEEP BREEDING....15% of the time you're making more QUEERS LIKE US !!!! And Singapore gay bois are simply gorgeous!!!
ha ha ha ha ha ha ha ha..
Why single out male gays to discriminate against, I wonder? Does the "conservative society" argument not apply to lesbian sex? Or maybe they just want the lesbians and the male gays to fight out amongst one another?
Also, MHA's statement implies that many do not consider lesbian sex and hetero anal and oral sex to be "abhorrent and deviant". Who are these people who constitute "many", I wonder?
I think S'pore is actually joining the 21st Century.. following behind the steps of our beloved George Bush ... and John Howard ...
surprisingly,.. they think that traditional chinese culture doesnt approve of gayness.. obviously they failed history... just google up ... historic china and gays... it was a norm for gigolo houses...
http://www.reach.gov.sg/olcp/asp/ocp/ocp01d1.asp?id=3683
But it's complicated legal language. Non-lawyers like me don't know where to start but if somebody writes a petition I will sign. Say something like 'why keep a law you say you won't enforce but can enforce at any time? Is it just to keep a threat over our heads? Or so that the one people you put Gurmit Singh on TV saying share justice and equality either have to break your law or live unfulfilled lives?
"But Homosexual Sex is still an Offence...."
And i'm like....
WHAT? THIS IS CRAP...
It's Obviously Discrimination against Homosexual People!!!
I mean, Heteros are Humans, HoMos are Humans, Is there any BIG DIFFERENCE?
It's Just that our Sexual Orientation are different, that's all.
Anal, Oral Sex between Heteros are still the SAME with HoMos' Anal, Oral Sex.
So WHAT'S THE DIFFENCE between f***ing the mouth and the ass of Heteros and HoMo?
It's still MOUTH AND ASS of humans of different sex...
Don't you agree?
^-^
Pardon me!
still love my home land :P
neways not as though i'm gona screw ard in the parliment haha..
racial groups ( excluding caucasians) is not more
accepting of minorities! Our gender, race and sex
uality are all determined at/by birth and are beyond
our control. There are probably as many Indian/Sin
gaporeans as there homosexuals on the Island, so
why discriminate against gays...................?
Brian Butcher..Melbourne, AUSTRALIA
Que d'hypocrisie politique et religieuse !
A quand la libert de l'amour Singapour ?
Nous Franais, nous regrettons vivement la prise de position de votre gouvernement.
Good Luck
yxbleu
However, affairs and prostitution are also not "desirable" in Singapore's "...conservative society...". Shall we also make philandering a crime (but of course "not vigorously enforce it") ?
Also, anal sex, and oral sex, whether hetereosexual or otherwise, still entail the same body parts! There is something wrong with the logic! Buggery is buggery whether its a woman or a man on the receiving end!
However, lesbian sex acts are not mentioned in this section of the Penal code. So I guess its hard for lesbians to be charged under this section.
Who gets to decide how conservative our society is? Is Ho Peng Kee speaking for himself? Does he get to decide the law of the land? Is this how a "developed" country runs it's judicial system?
its kind of artificial
all of the beauty outside
inside singapore is nothing but faking all that outside beauty
NO OFFENCE TO MY FELLOW SINGAPORE FREN
but this is what i thought...
if im wrong then sorry
just assume i never wrote this
hehehehehheehe
why is it that the "way of life" of majority being imposed on the minority? is there a term for this phenomena? i think the word is "DISCRIMINATION" and "conservative society" or not is only a convenient excuse.
Money talks, my friends... it does.... in fact, very LOUDLY too!
Since there are quite a number of Homosexual in Singapore who are NOT OUT of the closet yet..
IF they allow, they are afraid there will be NO BABIES MADE eventually..
Hahahahaz..
No , that is too kind ." Primitive , barbaric and tragic , " would be more appropriate , I believe.
Singapore was not first in line , it seems , when love , care & compassion were being distributed at the start of times !
The time when the penal code Section 377A is repealed will be the day my children will live to the day to see it happens - which means ratio chances of me having children and that section repealed is almost impossible?
No point b*tching abt this since none of us will have the capacity and the courage to voice out, cos even if some of us do have those - we will be fallen to deaf ears as we are still living in a country whereby people still need to be told what to do and what not to do; & not to think for themselves.... typical!
why aren't lesbian sex acts mentioned in this section of the Penal code? does that mean the Garment accepts lesbian sex.
no, absolutely not. becoz these rules, these laws were drafted by men and could date back to old british colonial era. in a patriachial society, sex = penetration, aka male sexual organ penetrated the female's organ... n what is lesbian sex? err, they didn't think we lesbians can have sex in the first place. read the penal code relevant section line by line, and u will understand wat i m trying to say here. There must be "penetration" then can have sex.. So we lesbians are "excluded"from the legislation. hahahaha, should we call for a celebration???
charlie14
I wait for the green man to appear before i cross the road. I do not chew gums. I do not litter. I pay all my taxes on time.
[I love my country]
I am a NS army officer. I am willing to lay my life for this little red dot. I ballot for National Day tickets every year. I yearn for home when I was studying abroad.
[I love my family]
I have dinner with family twice a week. I provide a domestic helper to take care of my folks at home. I bring my parents on holidays. I cook for my family. I go to the parks for walks with my family. I care for my parents when they are ill. I give my parents money monthly. I shower my little nephew with love. I read and play with my nephew.
[I believe in God]
I had been on mission trips. I used to be a leader in a christian society in school. I was a bible-study leader. I still believe that Christ die for me.
[I am gay]
I am in a relationship with my partner for 8 years. I love him deeply. I intend to be with him till the day I die. I have sex with my partner. I am a criminal.
GLOBAL COUNTRY, VILLAGE GOVERNMENT!
Well, this just confirms Singapore, though it thinks it is a modern country, is at least 10 years !!! out of date with Tasmania; and 40 years (40!!!) out of date with UK. It's laws come from a museum.
I don't seek equal rights as hetrosexuals, I seek to live my life AS I WISH (as long as I hurt no other). I do NOT care if someone thinks my sexuality is deviant. Other's can think what they like. A government's DUTY is to protect all members of its population especially the minorities. Singapore FAILS AGAIN.
Global country?! Ha! hahahahahahahahaha! It takes more than a few electronic goods to make a country a global nation. It takes gobal minds, compassions, strengths, outlooks, vision. Not dark-age bigotry. Global country, village government!
law is law, merely a moral structure for the society; but if the society does not remove its own stigma of same-sex union, no matter the number of laws that are out there, society is still going to see us as freaks and outcasts. the most imperative thing to do is to remove that stigma, and that may take generations.
fighting for our own rights in a society, our very own place and identity, is not easy, and has never been. i suppose what we should do is not to lament but to stand together and fight for our cause.
i'm not saying that the government was right not to repeal that piece of legislation, but it wouldn't really have made any difference.
"If the proposal to repeal the existing Section 377 is for the purpose of decriminalising oral and anal sex between a pair of consenting adults, why is it restricted to heterosexual couples only?
By repealing the existing Section 377 while keeping the Section 377A intact, is there an explicit intention for the government to discrimate against homosexuals, and specifically, male homosexuals and MSM (men who have sex with men), even if both parties are consenting?!
Just for the sake of argument, there is no similar provision(s) [existing or proposed] to criminalise same-sex sexual behaviour between two females, although I have absolutely nothing against that either.
Furthermore, by retaining Section 377A while repealing Section 377, does it mean that oral sex and mutual masturbation between two men are still illegal, while anal sex between them will be legal upon the passing of the amendment bill?
There was the qualification that historically, Sections 377 and 377A have not been used to persecute MSMs, and even with the proposed amendments, law enforcers will not actively use Section 377A to persecute MSMs.
Since that is the case, why is Section 377A still being retained if not for the sole purpose of discriminating against MSMs and forcing them to perpetually live in fear?!
The above-stated proposed amendments goes entirely against the government's repeated calls for a more inclusive society. How does the explicit discrimination of one segment of the population contribute towards that goal?
As for the "claim" that MSM activities goes against traditional Asian values, it should be noted that other largely Chinese societies/countries, such as China and Taiwan, DO NOT have similar legal codes.
Last but not least, in the current context of the need to retain and attract top talents from around the world to sustain Singapore's growth and development, having such a discriminatory legal code will not only turn-off potential immigrants, but of more concern, drive away Singapore's own sons and daughters.
These people may or may not be homosexual or MSMs themselves, but they may be pushed away due to the lack of a free and inclusive society. Hanging on to such an archaic legal code will just inhibit Singapore's bid to be a bona fide first-world country and global city!"
Don't like this? Then do something about it. How? Very simple. Remember this blatant homophobia well and vote them out of office when you next get the chance.
Until glbt voters start to see the light and vote on glbt issues, there will not be any change. Don't be fooled by talks of 'national' interests. There are 90% (using the 10% homo statistics) of the voters voting on that count already. 'National' interests are well covered. GLBT interests on the other hand are never covered. So start voting on that now.
Just a thought!
Please be sure of your info before you write in. Please be aware that despite the somewhat misleading press reports, Section 377 will be repealed entirely. Anal and oral sex will be legal for all. Section 377A however will be retained, so gross indecency between males only will be criminal.
The People Like Us Media Release http://www.plu.sg/society/?p=63 will provide you with the main arguments if you're not sure how to write. Borrow freely from there, copy and paste or put it into your own words if you wish.
====
One word of caution. Some of you will notice that the result of repealing Section 377 but not repealing Section 377A means lesbian sex is completely legal, but gay males are criminalised.
(I suspect this move is deliberate - a divide and conquer strategy)
Some of the men here will be tempted to make the argument that since this clause is so sex-discriminatory, it should be unconstitutional, and therefore repealed. Please DO NOT make this argument, because then the retort will be to extend 377A to cover women as well to make it gender neutral!
Already in today's Straits Times, you see this suggestion!
QUOTE:
Mr Amolat Singh of Amolat & Partners, however, noted that an act of gross indecency between women does not fall under Section 377A and suggested that the section be reworded to 'bring about gender equality'.
UNQUOTE.
(And that's why it's in the women's interest to see 377A killed once and for all.)
The argument that PLU uses is a different one. It is that since the government recognises that it would not be moral to harass gay men through the active enforcement of this law (that's why they promised not to enforce it), then a law that cannot be used should be trashed.
You can also use the argument that since 377A is discriminatory because it is targeted at gays with no effect on heteroseuals, it is unconstitutional under Article 12(1) of the Constitution (the equality clause).
So technically speaking Im hving straight anal sex!!
Im legal!!!!
There you go. Welcome to the Dark Ages.
True it was not easy but if you believe in something
that is your birthright you will fight until you achieve that goal...
Love some of the comments!
Carry on the good fight...
Is this really true? Isn't it just the activist minority?
Has anyone neutral ever taken a poll on this issue?
Hmmm... Could we ?
we held the Biennale
our garment told our distinguished guests
we r a global society
AND,
our garment told us this is an inclusive society, whereby everyone right is being taken care of
whereby no one will be repressed
whereby everybody's voice is being heard.
oh really?
inclusive, but not including people who speaks a different "language"(eg Mr Brown),
inclusive, but not including people who are born differently (eg the physically challenged people)
inclusive, but not including people whom sexual orientation is different
(they say it is a "lifestyle" which they will not endorse and embrace)
global society?
just becoz we held IMF and Biennale
we become global society?
just becoz we are building IRs
we become global society?
pls lah, don't bullsh..t us lah!
Unchallenged and complacent the government goes blithely along in the assumption that THEY know what is best for the people. THEY know how conservative Sinagpore is or isn't and THEY will tell us when we are ready to be more tolerant. Of course Singapore is not a democracy. It is a benevolent dictatorship. Benevolent because the country is generally well-managed and corruption free. But if you do not fit into the paper cutter, one size fits all image of a good Singaporean, expect repression and ignorance from your government. That's where the dictatorship part kicks in. In preventing you a channel to question, to influence. In preventing gay societies from registering. In denying you the right to assemble and be heard.
PAP: grow up and get out of your citizens' bedrooms!!!
one of the most developed country in the world that still practices stone age laws........
did not think the people were conservative when i last visited............
was i wrong????
Good luck for you all in Singapore, you have to stand up strong and fight for you right in SG, like I did in the US.
Singapore is like US in the 80s. Don't give up, and keep fighting. One day you will reach your dream. The only way they will win is you are giving up without trying. Then, you have no one to blame but your self. Good luck and take care. You have all my best wishes.
Some silly new MP who said that as a doctor - he thinks that homosexual sex is unnatural, hence society won't accept. Now the law says unnatural sex is ok for heterosexuals - but not for gay men - this is pure unadulterated discrimination. What are all you gay men and women doing about this? Can we go see our relevant MPs and complain?
Straight men starts poking the other hole of their female countrparts more often and realise that anal sex is just as pleasurable and not "unatural". After experiencing for themselves anal sex and realising it ain't no big deal - then they can understand how gay men do it, and stop thinking of gay men sex as "unatural" and hence leading the way to acceptance?
Probably... but when?
Lets face what is happening and what is the trend in Singapore. More and more man finds that guys are more pleasant and approachable not only by personality, but also sexual on bed. (If one really keen to find out)
Hmm...sexual orientation aside, does not all religious scriptures regard oral sex, sodomy and sex outside marriages as unnatural and immoral. So, by legalising it for the hetero population means it's superseceding mainstream conservative and moral codes observed tradionally? Wa, Singapore really powderful. Playing god now. Next thing you know, replace all images of deities and Gods in temples and churches with an Immaculate Virgin photo of a senior politician screwing himself !..Hmm...that would be iilegal too right since if u fuck or suck yourslef off, it's technically still same sex right?..wa...very deep..err, I mean penetrating food for thought!..:P
cheers
So what's the point in the government upgrading so many pathetic overpasses, zebra crossings and MRT stations when they purposely don't upgrade their own people's lives?
Don't worry guys, because most of the politicians are old and expired already, they won't be around much longer ;)
Unless he is your son... :P
However, don't you think that prostitution causes more jeopady to the danger of more singaporean citizens contracting sexually transmitted diseases?
So Why isn't the government doing anything about those prostitutes who engages in multiple sexual intercourse? Aren't they more prone to contracting STDs, than Men having sex with another men?
So, if the government approves prostitution, why not the gay community?
Well, I believe only reason why this law is biased is because maybe the MPs who like enter from behind are making sure they are exempted ...what do ya think ?
But let's face it, is anyone (in S'pore or anywhere else) really sitting around NOT having sex because they are waiting for family, religion, society, or government to give them "permission?" I sincerely hope NOT!
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