India's Decision to Decriminalize Gay Sex Sparks Debate in SingaporeTop Stories

September 08, 2018 10:48
India's Decision to Decriminalize Gay Sex Sparks Debate in Singapore

(Image source from: Human Rights Watch)

The Supreme Court's decision to decriminalize gay sex in India has sparked a debate in Singapore with the Minister for Law and Home Affairs K Shanmugam saying the society has to decide which direction it wants to go on an issue related to social values.

The Supreme Court on Thursday decriminalized part of Section 377 of the Indian Penal Code that criminalizes consensual gay sex, saying it was indefensible, irrational, and manifestly arbitrary.

The apex court unanimously held that the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community possess the same constitutional rights as other country citizens.

When asked about the ruling by the Indian Supreme Court, Shanmugam said: "(In Singapore) if you look at this issue, it is a deeply split society. The majority are opposed to any change to section 377A, they are opposed to removing it," Shanmugam, an Indian-origin senior minister was quoted as saying by The Straits Times newspaper.

However, he said that a "growing minority" wants to have it repealed. "The Government is in the middle".

The minister said that the subject is related to social values.

"Can you impose viewpoints on a majority when (the issue is) so closely related to social value systems?," asked Shanmugam, adding that in his personal opinion care has to be taken against criminalizing lifestyles and sexual attitudes, and treating people involved as criminals.

"(But) it would be wrong for me to impose my personal views on society or as a policymaker," he said.

"So really, I think society has got to decide which direction it wants to go. And the laws will have to keep pace with changes in society and how society sees these issues," said Shanmugam.

Meanwhile, veteran Singapore diplomat Tommy Koh called for challenging section 377A following India scrapping the same British colonial-era legislation.

"I would encourage our gay community to bring a class action to challenge the constitutionality of Section 377A," the paper quoted Koh, also Singapore's Ambassador-at-large, as saying.

Koh's comments were in response to a Facebook post by Professor Simon Chesterman, dean of the Faculty of Law at the National University of Singapore.

When a Facebook user reminded him that previous legal challenges in 2014 on the constitutionality of the law failed, Koh replied: "Try again."

In 2014, Singapore's highest court dismissed a constitutional challenge to the law and stated that it was up to parliament to revoke it.

The support, despite the challenges for gay rights, has been thriving in recent years in the city-state of 5.6 million.

The rights of lesbian, gay, bisexual and transgenders have been discussed in recent years in Singapore which galore still consider a fundamentally conservative society.

Seeking legalization of gay rights, a huge crowd has attended the 10th anniversary of Singapore's annual Pink Dot gay rights rally in July.

By Sowmya Sangam

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Singapore  Section 377A in India