Test 2

Please select your preferred language.

請選擇你慣用的語言。

请选择你惯用的语言。

English
中文简体
台灣繁體
香港繁體

Login

Remember Me

New to Fridae?

Fridae Mobile

Advertisement
Highlights

More About Us

31 Oct 2014

Highest Singapore court upholds Colonial-era anti-gay law

The highest court in Singapore has upheld a Colonial-era law criminalizing gay sex.

 

The Court of Appeal has rejected cases brought by three men, who said the law which penalises sex between men with jail terms infringes their human rights under Singapore’s constitution.
“Whilst we understand the deeply-held personal feelings of the appellants, there is nothing that this court can do to assist them. Their remedy lies, if at all, in the legislative sphere,” the judgement reads.
A human rights lawyer who acted for one of the men who brought the case, M Ravi, says the judgement is a step backwards for human rights in Singapore.
“It appears that this absurd and discriminatory law criminalises the core aspect of an individual’s identity, in this case, homosexual men.
“This unequal treatment in the law is based on hatred for hatred’s sake, and discrimination for discrimination’s sake, and nothing else.”
The maximum penalty for gay sex, or ‘gross indecency’, is two years’ jail.
International media had reported that massage therapist Tan Eng Hong and gay couple Lim Meng Suang and Kenneth Chee Mun-Leon sought a repeal of the law after Tan was arrested for having oral sex with another man in a public toilet in 2010.
He and his partner who have been in a relationship for 15 years were initially charged under the law, known as Section 377A of the Penal Code. However, the prosecutor later substituted charges under a different law.
Gay rights are a contentious issue in Singapore, with many either wanting to retain or abrogate a British colonial-era law.
The government claims it does not actively enforce that ban but many Christian and Muslim religious groups want no debate on discarding the law and have become vociferous in opposing gay rights ever since Singapore last month witnessed its largest gay-rights rally with 26,000 people attending.
Under Section 377A, any male person who, in public or private, commits, abets, procures or attempts to procure any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to two years.
There have been various calls for Section 377A to be repealed in recent years and the issue of repealing or retaining it has also been brought up in Parliament in recent years.

The Court of Appeal has rejected cases brought by three men, who said the law which penalises sex between men with jail terms infringes their human rights under Singapore’s constitution.

“Whilst we understand the deeply-held personal feelings of the appellants, there is nothing that this court can do to assist them. Their remedy lies, if at all, in the legislative sphere,” the judgement reads.

A human rights lawyer who acted for one of the men who brought the case, M Ravi, says the judgement is a step backwards for human rights in Singapore.

“It appears that this absurd and discriminatory law criminalises the core aspect of an individual’s identity, in this case, homosexual men.

“This unequal treatment in the law is based on hatred for hatred’s sake, and discrimination for discrimination’s sake, and nothing else.”

The maximum penalty for gay sex, or ‘gross indecency’, is two years’ jail.

International media had reported that massage therapist Tan Eng Hong and gay couple Lim Meng Suang and Kenneth Chee Mun-Leon sought a repeal of the law after Tan was arrested for having oral sex with another man in a public toilet in 2010.

He and his partner who have been in a relationship for 15 years were initially charged under the law, known as Section 377A of the Penal Code. However, the prosecutor later substituted charges under a different law.

Gay rights are a contentious issue in Singapore, with many either wanting to retain or abrogate a British colonial-era law.

The government claims it does not actively enforce that ban but many Christian and Muslim religious groups want no debate on discarding the law and have become vociferous in opposing gay rights ever since Singapore last month witnessed its largest gay-rights rally with 26,000 people attending.

Under Section 377A, any male person who, in public or private, commits, abets, procures or attempts to procure any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to two years.

There have been various calls for Section 377A to be repealed in recent years and the issue of repealing or retaining it has also been brought up in Parliament in recent years.

Reader's Comments

1. 2014-10-31 14:41  
Judges and courts, politicians and people of Singapore, I want to shout "Please, go with the times. Accept that times are changing." Accept *us*. *Nothing* bad will come of that acceptance. As forward and open as Singapore is to commerce, it will only increase travel and income. It will also increase the quality of life there and in societies that look up to Singapore. Singapore will only gain from openness.
2. 2014-10-31 22:43  
all laws are man made and can be changed if necessary!
3. 2014-11-01 03:57  
Singapore is way behind the times on both human rights and children's human rights. The aberrant behavior and treatment of children in schools by so called educators of beating students, creating an atmosphere of violence in schools. This particular behavior by the courts in Singapore makes it appear that this country has a long way to go in order to be considered a modern and sophisticated society. SHAME ON THE COURTS!
4. 2014-11-01 03:58  
Singapore is way behind the times on both human rights and children's human rights. The aberrant behavior and treatment of children in schools by so called educators of beating students, creating an atmosphere of violence in schools. This particular behavior by the courts in Singapore makes it appear that this country has a long way to go in order to be considered a modern and sophisticated society. SHAME ON THE COURTS!
5. 2014-11-01 03:58  
Singapore is way behind the times on both human rights and children's human rights. The aberrant behavior and treatment of children in schools by so called educators of beating students, creating an atmosphere of violence in schools. This particular behavior by the courts in Singapore makes it appear that this country has a long way to go in order to be considered a modern and sophisticated society. SHAME ON THE COURTS!
6. 2014-11-02 13:08  
congratulations singapore ???????
7. 2014-11-03 01:28  
Of course they could have made a change, they could have just said that gay sex is not indecent.
8. 2014-11-03 11:17  
Yes, shame to my country's legal system. The homophobic conservatives in Singapore are very vocal. Our highest court judges are too afraid to speak up based on logic & common sense, preferring to pass the buck to the parliament. As for the parliamentary debate many years ago whether to repeal Article 377A or not, Nominated Member of Parliament, Professor Thio Li-Ann, who is a law professor at the National University of Singapore, vociferously spoke against gay sex, comparing it to "shoving a straw up your nose to drink”. Her mother, Dr Thio Su Mien, formerly the Dean of the Faculty of Law of the National University of Singapore, had also attempted to lead a team of Christian women to usurp the leadership of Association of Women for Action and Research (AWARE), a non-governmental organisation, accusing its programme as promoting homosexuality. Both mother & daughter attend the Church of Our Saviour in Singapore.

Pastor Lawrence Khong, head of the Faith Community Baptist Church, and the LoveSingapore network of churches, also initiated a series of inflammatory speeches against gay sex. Ustaz Noor Deros, a Muslim teacher, launched the WearWhite movement, in reaction to the annual gay gathering Pink Dot event. Both men use the term “pro-family” as a shield in “protecting the societal values” and accusing gay lifestyle as being anti-family. The conservatives in Sg have very poor understanding of what homosexuality is all about. In fact, they have a serious misconception.

The National Library Board initially banned the children’s book "And Tango Makes Three" in reaction to the vocal opposition by some conservative parents against this book, accusing it as promoting gay values. But liberal citizens & the gay community rebutted against this knee-jerk reaction and the final compromise was to put this book in the Adults section instead of the Children’s section.
9. 2014-11-03 17:12  
If it's based on UK Law and UK have repealed homophobic laws and legalised gay marriage and the rest then .... ?

In a month when CEO of Apple has publicly come out.
The EU and other countries have shown that the world doesn't end if gays have equal rights (including in the military).
The Catholic Pope is making inclusive statements.
The UN recognises same sex unions
http://en.wikipedia.org/wiki/LGBT_rights_at_the_United_Nations.

In the 21st century - isn't it about time that Laws were based on evidence and not prejudice ?
10. 2014-11-04 04:20  
yet again civilized people have to submit to medieval philosophies of organised religion
it's about time we made the fundamentalists submit to our values
11. 2014-11-04 10:34  
so sad to read this...I thought S'pore was making some headway towards "liberalisation" among SEAsian countries and show the others the way forward; instead they chose to go back in to the cave days.......haiz..but we are no better here in Malaysia either..... :-((
12. 2014-11-08 04:06  
I would strongly suspect that whispers in high places told the judges to find any reason but not to say that the law was discriminatory - the least intelligent can easily discern that a law that incriminates men but not women is grossly discriminatory.

Obviously the legal system is not independent, but subject to the whims of politicians.

Lee Kwan Yue got a triple first at Cambridge but apparently learned nothing about law being the servant of ALL the people equally and passed on his dictatorial point of view to his sucessors
13. 2014-11-10 09:13  
An advanced country with antiquated laws...
14. 2014-11-24 09:03  
Why...are they trying to be part of/ reunite with Malaysia???
15. 2015-04-30 06:05  

Hello my dear,
i am happy to contact you after
viewing your profile and it interest
me to contact you for a genuine relationship,
please contact me here(nicolemakuza1992@hotmail.com)
so that i will share my feelings with
you for further communication.
Thanks, your friend Nicole.
(nicolemakuza1992@hotmail.com)

Please log in to use this feature.

Select News Edition

Featured Profiles

Now ALL members can view unlimited profiles!

Languages

View this page in a different language:

Like Us on Facebook

Partners

 ILGA Asia - Fridae partner for LGBT rights in Asia IGLHRC - Fridae Partner for LGBT rights in Asia

Advertisement