Discrimination caused by Section 377A of the Penal Code

Section 377A criminalises all forms of sex between men, even if it is performed in private between consenting adults. Moreover, there are other portions of the Singapore statutes which can also be employed to criminalise homosexual behaviour. While these other laws (see below) are gender non-specific, Section 377A, in contrast, enshrines discrimination against gay Singaporean men in the legal system because oral and anal sex between heterosexual and lesbian couples are not illegal. Section 377A is therefore thought to contravene Articles 12 and others of the Singapore Constitution. Its consitutionality is currently being challenged in the courts by various plaintiffs and human rights lawyers.

The existence of Section 377A hinders greater understanding and integration of the gay community which is made up of often responsible, invaluable and highly respected contributing members of society. The only thing that makes these people different from the majority of Singaporeans is that they are biologically predisposed to love differently. It will be a slap in the face to their significant contributions and encourage many more to leave our shores for more open-minded societies. Singapore’s most valuable resource is its citizens. We cannot afford to lose them.

Section 377A also affects the status and moral citizenship of gay men in society. The government has openly welcomed gays and lesbians into the civil service. But this law will only discourage equal treatment for gay employees everywhere and diminish the moral standing these men have rightfully earned. It is a seed for further acts of discrimination.

Criminalising gay sex also impedes effective safer-sex messages being disseminated effectively to gay men and other men at risk of contracting HIV. There are numerous studies which have concluded that HIV prevention programs in environments where gay sex is criminalised are resoundingly ineffective. The fight against HIV/AIDS is an important issue which affects all Singaporeans. There should be no impediment to getting this life saving information out.

Branding gays as outlaws will be destructive to the self-worth of those individuals and could lead to an increased incidence of self-harm. Thought should also be given to gay youth who struggle deeply with this issue. This law would only add more trauma to what is already a very difficult period in their lives.

The existence of the statute causes many victims of sexual assault suffer in silence, afraid to report the abuse because of a misplaced sense of guilt, or that their story will not be believed. In September 2018, experts told the media that males who have been sexually assaulted by members of their own sex stay silent because they fear the repercussions of Section 377A,. In addition, the stigma of homosexuality caused by its criminalisation prevents some from making a report for fear of being outed. Anisha Joseph, head of Sexual Assault Care Centre, AWARE, said: "Younger boys are particularly impacted when they are blackmailed by the perpetrator who may threaten to reveal their sexuality publicly, especially to their parents, when they may not be ready to share it."

=See also=
 * Section 377A of the Penal Code (Singapore)
 * Discrimination against homosexuals in Singapore

=References=

=Acknowledgements=

This article was written by Roy Tan.