Singapore high court dismisses appeal to decriminalise gay sex News
© WikiMedia (Terence Ong)
Singapore high court dismisses appeal to decriminalise gay sex

The Singapore Court of Appeal Monday dismissed an appeal against Section 377A of the Penal Code, which criminalises sex between men. The court held that since there wasn’t any credible threat of prosecution under the section, the applicants lacked the requisite standing to challenge its constitutionality.

In October of 2007, the Parliament debated whether Section 377A should be repealed, but the Prime Minister retained the law on the condition that it would not be enforced proactively. The Attorney General at the time, Mr. Kucie Wong SC, had stated in his capacity as the public prosecutor that where sex occured between two consenting adult men in a private place and in the absence of other factors, prosecution under Section 377A was not in the public interest.

The court in its decision emphasised the importance of political compromise at the time when the parliament decided to retain the provision. It recognised that the Attorney General and Prime Minister’s stances were legally significant. The court held that the provision’s constitutionality must be considered in light of these stances.

The aim of this litigation was to overturn the law on the basis that it violates individual rights and is discriminatory. Section 377A enables the executive to punish individuals with up to two years imprisonment. The court below refused to decriminalise consensual sex between men holding that Section 377A did not violate Articles 9 and 12 of the Constitution.

The high court’s decision has failed to assuage the fears of the gay community and ensure that they are able to enjoy certain basic liberties. Pink Dot SG, a non-profit for the LGBTQ community of Singapore, stated that it was profoundly disappointed with the court’s decision: “[A]cknowledgment that Section 377A is unenforceable only in the prosecutorial sense is cold comfort. Section 377A’s real impact lies in how it perpetuates discrimination across every aspect of life: at home, in schools, in the workplace, in our media and even access to vital services like healthcare”.

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