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I don’t know about you, but the reasons given by the govt. on why they kept section 377a, which discriminates against gay men and criminalize gay sex, just doesn’t bit.

In the explanatory note from MHA, it says:

9. Section 377 and Homosexuality

The law on sexual offences deals with sexual relationships and embodies what society considers acceptable or unacceptable behaviour.

2 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. We should not be hasty to act in this area. Hence, we are leaving section 377A as it is. Our enforcement approach also remains the same i.e. we will not be proactive in enforcing the section against adult males engaging in consensual sex with each other in private.

3 Section 377 will be repealed. Hence, sex between an adult male and female involving penile penetration of the mouth or anus in private will no longer be an offence. There will be a new offence of sexual assault by penetration to cover oral and anal sex done without consent. A new offence of sexual penetration of minors will also be introduced to protect minors under 16 years of age, following the repeal of section 377. There will also be a new offence of necrophilia (engaging in penetrative sexual acts with a corpse). The offence of bestiality, currently covered under section 377, would be criminalised under a separate section 377B.

Let look at theiry reasons in details…

* we are a conservative society. Many do not tolerate homosexuality, and consider such acts abhorrent and deviant

In an ST report, Law professor Michael Hor, when questioned about the validity of the reasons given for not decriminalising homosexual acts, was quote to have said: ‘For example, adultery is similarly unacceptable, not tolerated and abhorrent, but there is no suggestion that adultery ought to be criminalised,’ he said.

Also given this reasons, I am quite sure that we should also criminalise pre-marital sex, because the majority would find it unacceptable, not tolerated and abhorrent too.

Its interesting how the govt choses to use “conservative” to their liking to apply to homosexuality, but not when they decriminalise (section 377) anal/oral sex between man and woman. Did our govt just suggested that many in our conservative society does not find oral or anal sex between man and woman abhorrent and deviant? Go ask anyone on the streets what they think of a man performing oral/anal sex on a woman or vice versa. Did the govt suggest that a majority would have no problems with that? So is our society conservative or not? You mean in a conservative society like Singapore, oral and anal sex between man and woman is regular and readily accepted?

* Many religious groups also do not condone homosexual acts

So what about those without a religion? Just because some religions are against it, doesn’t mean that its alright to impose those values on others not of the same religion. Further more, Buddhism views homosexuality and heterosexuality in equal terms, it neither condones nor condemn. Actually even if Buddhism does not condone it, which it doesn’t, it is right for me as a Buddhist to impose my value onto the rest of society? Why does one religion have a say on what a person of another religion or of no-religion does in their private sex life? Why should the religious believes of some be used to discriminate against homosexuals?

I am sure non of the religions approve of nor condone acts like the crazy horse show, bar top dancing and casinos, yet why are they allowed to exists? In fact, the government actively use them as attractions for tourists and to tell people how open we are.

* we will not be proactive in enforcing the section against adult males engaging in consensual sex with each other in private.

Again the government got it wrong. Are they saying that they encourage people to continue with illegal activities as long as its in the private? So what is the point of have a law where you don’t and will not prosecute? Keeping 377A, will enforce the idea in society that its alright to discriminate against gay people, since the government themselves does so. Already, we have seen religious bodies and education courses systematically providing misleading information about homosexuality and discriminating against gay people, because of 377A.

It would seem to me that our government. would discriminate against darked skinned persons if the majority feels that its alright to do so or prejudice against women if the conservative society feels that its alright to do so. Sometimes I wonder if its the government role to enforce prejudice and discriminate of a majority or help the minority stand on its feet and to dispel them. I wonder if our government ever learned anything from the horrors of the Inquisition, South Africa and the Nazi regime.

Btw, if you want to lend a voice to this, please write your feedback to the government on the following link:
http://www.reach.gov.sg/olcp/asp/ocp/ocp01d1.asp?id=3683

For those us who don’t know what being discriminated feels like, I hope that the following show will help you understand a bit more about how tough it can be for gay people growing up.

This is part 1 of the 5 parter video. To watch the rest, visit this link http://www.youtube.com/watch?v=l0gUchvopOc.


1 Response to “Why the govt’s reason for 337A does not bite”

  1. 1 Ali

    Nice article. Perhaps you can give a citation report next time. Hahaha.

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About me

Kelvin is a Buddhist, gay activist, nerd, half-past six environmentalist and conservationalist and animal welfare activist. Loves most is marine conservation. Trying to make stupid political comments intelligent sounding... More about me here...

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