LETTER | I believe our Penal Code needs to be updated to reflect current times, where outdated laws need to be amended or abolished as our Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman had mentioned.
Certain ancient laws need to be repealed and abolished as they are open to abuse. My concern relates to Sections 377A and 377B of the Penal Code which reads as follows:
377A - “Carnal intercourse against the order of nature - Any person who has sexual connection with another person by the introduction of the penis into the anus or mouth of the other person is said to commit carnal intercourse against the order of nature.”
377B - “Punishment for committing carnal intercourse against the order of nature - whoever voluntarily commits carnal intercourse against the order of nature shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.”
Simply put, Section 377A relates to oral and anal sex being deemed a crime. The law is discrimination against same-sex encounters and must be repealed altogether, as it clearly violates sexuality rights where consent and privacy are concerned.
Section 377A and 377B are usually targeted against the lesbian, gay, bisexual and transgender (LGBT) community - leading to hate crimes and discrimination which exist in every society, irrespective of geography, culture or religion.
Issues of LGBT have been shamefully brought up during election campaigning over the years where certain disasters and societal breakdowns have been unfairly blamed on the LGBTs.
Defamatory statements have been made often enough to gain political mileage by claiming a certain leader and/or political party is pro-LGBT and pro-same-sex marriage - thus not desirable to lead.
Is it noble to educate our society that it is right to treat LGBTs as lower-class in our society? Our Federal Constitution treats every citizen with equal rights yet some sections of society due to race or sexual orientation are implied to be of second class.
It is sad that Nur Sajat, who is a Malaysian transgender fearing for her life and sanity, had to migrate to Australia to seek a more peaceful situation away from fear, discrimination, prejudice and ridicule.
How many others can have the means or afford to leave and start again successfully in another country that welcomes LGBT?
The Singapore Parliament voted on Nov 29 to repeal Section 377A of the Penal Code, a colonial-era law which criminalises gay sex between men. Same-sex marriage in Taiwan has been legalised on May 24, 2019.
So where do we stand on Section 377A and 377B? This colonial-era law is no longer relevant and harmful to segments of our society. It needs to be abolished.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
