ICJ International Commission of Jurists ], In the local context, "gross indecency" is a broad term which, from a review of past cases locally, has been applied to mutual masturbation, genital contact, or even lewd behaviour without direct physical contact. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he is guilty within Singapore. The Court of Appeal held that the appellants lacked standing to mount the constitutional challenge against Section 377A, based on the assurance that it is unenforceable in its entirety, and that the appellants, therefore cannot be said to face any real and credible threat of prosecution under [Section 377A] at this time (at [153]). The Attorney-Generals stated position has effectively engendered a substantive legitimate expectation that the prosecuting authorities would not prosecute consensual private same-sex adult sexual activity. In 2007, the government reviewed the Penal Code and introduced the Penal Code (Amendment) Bill which proposed significant changes to the law.1 The topic that caught much attention involved section 377 which prohibited oral and anal sex between consenting adults. This will bring the law into line with current social mores and, I hope, provide some relief to gay Singaporeans.[3][4], Singaporean law prohibiting sex between males, Status of Section 377A in other countries, Sexuality and gender identity-based cultures, Article 12 of the Constitution of Singapore, Article 9 of the Constitution of Singapore, Supreme Court of Judicature Act of Singapore Rules of Court, "Court of Appeal rules Section 377A stays but cannot be used to prosecute men for having gay sex", "Support for Section 377A drops as attitudes towards same-sex relationships shift, survey finds", "NDR 2022: Govt to repeal Section 377A, amend Constitution to protect marriage definition from legal challenges", "NDR 2022: Govt will repeal Section 377A, but also amend Constitution to protect marriage from legal challenges", "Penal Code (Amendment) Act 2007 - Singapore Statutes Online", "Penal Code 1871 - Singapore Statutes Online", "Section 377A in Singapore and the (De)Criminalization of Homosexuality", "Saying No: Sections 377 and 377A of the Penal Code", "55 per cent of Singapore residents support Section 377A: Ipsos survey | The Straits Times", "Singapore Lawmakers Debate Petition to Abolish Gay Sex Ban", "Penal Code set to undergo overhaul, to better protect vulnerable victims against abuse and sexual crimes", "Activists submit online petition, but Govt has 'no plans' to repeal S377A", "India's top court lifts ban on gay sex in landmark ruling", Homosexuality laws of the world#East Asia, "Second of two 377A challenges may have to wait a long time for a decision", "Singapore High Court upholds anti-gay law in Tan Eng Hong's case", "Court of Appeal Does Right By Tan Eng Hong: Joint hearing for section 377A appeals", "New constitutional challenge to Section 377A filed", "Legal challenge to Section 377A begins in the High Court; judgment reserved", "High Court upholds anti-gay sex law, dismisses legal challenge", "Gay Singaporean couple file appeal over ban on private consensual sex", "Lim Meng Suang and another v Attorney-Generaland another appeal and another matter", "S'pore gay couple hire top lawyers for Section 377A appeal", "Goldsmith to challenge Singaporean government on anti-gay laws", "Goldsmith kicked off anti-gay challenge by Singapore High Court in favour of local counsel", "Court of Appeal rules that Section 377A that criminalises sex between men is constitutional", "Singapore's Ban on Gay Male Sex Is Upheld by Top Court", "What It's Like to Be Young and Gay in Singapore", "How Singapore Is Limiting Basic Human Rights", "Businessman Ho Kwon Ping opens up on his ISA detention at packed ST Book Club event", "Tommy Koh's Facebook comment reignites debate on Singapore's gay sex law", "Repeal of section 377A will end 'online vitriol and abuse' against LGBTQ community, says DJ who filed legal challenge", "LGBT rights advocate files case against Attorney-General, stating Section 377A of Penal Code is void", "LGBT activist and retired GP Roy Tan files new court challenge against Section 377A", "High Court dismisses challenges against law that criminalises sex between men", "Two men file appeals against High Court decision to dismiss Section 377A challenge", "Singapore's top court dismisses attempt to overturn gay sex ban", "Gay law: Emancipation and emasculation", Archive of newsclips relating to Section 377A, Wikileaks US Embassy report of Section 377A, Section 377A of the Penal Code (Singapore), Constitution of the Republic of Singapore Tribunal, Foreign Interference (Countermeasures) Act 2021, Liquor Control (Supply and Consumption) Act 2015, Medical (Therapy, Education and Research) Act, Protection from Online Falsehoods and Manipulation Act 2019, Third-Party Taxi Booking Service Providers Act 2015, https://en.wikipedia.org/w/index.php?title=Section_377A_(Singapore)&oldid=1120538656, Short description is different from Wikidata, All Wikipedia articles written in Singapore English, Articles lacking reliable references from August 2022, Creative Commons Attribution-ShareAlike License 3.0. We further call on lawmakers to ensure that their public statements in support of protecting LGBTQ+ persons are translated into concrete action by enacting comprehensive anti-discrimination laws that protect individuals from discrimination based on sexual orientation or gender identity. Definitions of section 377a of the penal code singapore, synonyms, antonyms, derivatives of section 377a of the penal code singapore, analogical dictionary of section 377a of the penal code singapore (English) var part2 = "icj.org"; Until there is a full repeal of Section 377A, the Singapore authorities should ensure that no investigations are carried out by any law enforcement authorities into private consensual same-sex sexual activity between men. Section 377A of the Singapore Penal Code makes it a crime for two consenting male adults to have sex with each other in private. These in turn let future jurists redefine what these provisions actually punished. We cannot shut our minds to it. It remained part of the Singapore body of law after the Penal Code review of October 2007 that removed most of the other provisions in Section 377. Please try again. This position is inconsistent with international human rights law and standards, which hold, unequivocally, that laws criminalising consensual same-sex sexual conduct, even if unenforced, violate human rights, including the rights to non-discrimination and privacy. [29][30] The case was heard in camera on 14 February 2013,[31] and decided against them by justice Quentin Loh on 9 April 2013, for much the same reasons as his decision against Tan (above). It does not penalise sex between two consenting female adults. I for one, would not care whether it is k. Legal records show that Indian legislators in the 19th and early 20th centuries interpreted "carnal intercourse against the order of nature" between individuals (of all sexes the law being non-gender specific with its use of the word "whoever") to include anal sex, bestiality and, often after much courtroom deliberation, oral sex as well, namely, any form of sexual intercourse which did not have the potential for procreation. [35] Goldsmith had agreed to take the case without pay,[36] but that September was disallowed from arguing the case before the court by Justice V. K. Rajah, as he believed that the legal issues were arguable by domestic lawyers, which is preferred by Singapore law. PC 1368/ 1369 , W&I 3050/3051, PC 288.1: 17711: Appointed Evaluation Service Claim Form -- PC 1026, EC 1017:. SINGAPORE - Prime Minister Lee Hsien Loong on Sunday (21 August) announced that Singapore will repeal Section 377A (S377A) of the Penal Code, the deeply divisive law that criminalises sex between men. And that the offenders being herof convict by verdict confession or outlawry shall suffer such pains of death and losses and penalties of their good chattels debts lands tenements and hereditaments as felons do according to the Common Laws of this Realme. SINGAPORE - The Court of Appeal on Monday (Feb 28) ruled that Section 377A of the Penal Code - which criminalises sex between men - stays on the books but cannot be used to prosecute men for . [47][48] Appeals were filed on 31 March 2020. var part3 = ""; We note with disappointment the Singapore Courts observation that Section 377A does not in and of itself generate a chilling effect that stifles advocacy of the prohibited cause or activity, and that the difficulties faced by LGBTQ+ activists stem in large part from general societal attitudes, as opposed to the continued retention of [Section 377A] in particular (at [296] and [297]). In November 2003, police constable Anis Abdullah was found guilty of oral sex with a 16-year-old girl and sentenced to 2 years' jail. [18] (The content of the Keep377A.com website was removed in 2009, although its web address remains.). Punishment of offences committed within Singapore. 216A Harbouring robbers or gang-robbers, etc. F +41 (0)22 979 38 01 Ecclesiastical roots in Britain under Henry VIII, The original Section 377 (repealed in October 2007). The Buggery Act was formulated in the context of Henry VIII's engineered break from papal authority to establish the Anglican church. 436 Mischief by fire or explosive substance with intent to destroy a house, etc. Sodomy was considered a crime under Section 377. England & Wales, the former British colony of Hong Kong, Australia have since repealed laws prohibiting sex between men in 1967, 1991, and 1997 (in the state of Tasmania; the last Australian state to do so) respectively. SINGAPORE - The opposition has been missing in action when it comes to thorny issues, such as the impending repeal of Section 377A of the Penal Code . And that no person offending in any such offence shall be admitted to his Clergy, And that Justices of the Peace shall have power and authority within the limits of their commissions and Jurisdictions to hear and determine the said offence, as they do in the cases of other felonies. The bills proposing the repeal of Section 377A of the penal code and the introduction of a new "Institution of Marriage" article in the constitution, will be debated together on November 28 . The item of legislation was added to the Penal Code in the 1930s. 1211 Geneva 1, Switzerland, T +41 (0)22 979 38 00 A Home Affairs Ministry spokesman said that this acknowledged Singapore as 'a generally conservative society', though the Government would not actively prosecute people under that section of the law. The usual punishment for convicted heretics was death by burning at the stake. It is descended from the Labouchere Amendment. Henry later used the law to exterminate monks and nuns (thanks to information his spies had gathered) and take their monastery lands. In a public statement, Singapore LGBTQ+ activists expressed disappointment, noting, While this is a small step in the right direction, this simply does not go far enough to provide real protection to the LGBTQ+ community, who continue to be impacted by the cascading effects of Section 377A.. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animals, shall be punished with imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Human Rights Watch Submission to the Universal Periodic Review of Singapore, Singapore Arrests Activists Supporting Trans Students, Even If You Go to the Skies, Well Find You, Indian Girls Alleged Rape and Murder Sparks Protests, Indias Top Court Bans Degrading Two-Finger Rape Test, Egypt: Arrests, Curbs on Protests As COP27 Nears, as LGBTQ+ groups and activists in Singapore. The statement is available in PDF form here. 2019, "Yahoo Singapore" 887 ". 367 Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. Install. A new Section 377, which criminalises sex with dead bodies ("Sexual penetration of a corpse")[8], was substituted in its place. Share this via Reddit Manage all your favorite fandoms in one place! Section 377 of the Penal Code of Singapore criminalises necrophilia. However, early cases tried in India mainly involved forced fellatio with unwilling male children and one unusual case of sexual intercourse with the nostril of a buffalo. Background of Section 377A . Although it was consensual, he was charged under the former Section 377[9]. 12 and 13 Victoria c. 96 (Admiralty Offences (Colonial) Act 1849), 131 Abetting mutiny, or attempting to seduce an officer or a serviceman from his duty, 132 Abetment of mutiny, if mutiny is committed in consequence thereof, 133 Abetment of an assault by an officer or a serviceman on his superior officer, when in the execution of his office, 134 Abetment of such assault, if the assault is committed, 135 Abetment of the desertion of an officer or a serviceman, 137 Deserter concealed on board merchant vessel through negligence of master, 138 Abetment of act of insubordination by an officer or a serviceman, 140B Application of Chapter 7 to Singapore Police Force, 142 Being a member of an unlawful assembly, 144 Joining an unlawful assembly armed with any deadly weapon, 145 Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse, 146 Force used by one member in prosecution of common object, 149 Every member of an unlawful assembly to be deemed guilty of any offence committed in prosecution of common object, 150 Hiring, or conniving at hiring, of persons to join an unlawful assembly, 151 Knowingly joining or continuing in any assembly of 5 or more persons after it has been commanded to disperse. 1. Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years. Ed. The continued criminalisation of consensual male same-sex sexual activity fuels stigma and marginalisation of LGBTQ+ people that has contributed to the impermissible barriers faced by LGBTQ+ activists in expressing themselves both in offline and online spaces. The gay community had initially hoped that the Government would repeal both Section 377 and Section 377A which criminalises non-penetrative sex specifically between men. On 29 August 2018, Professor Ho Kwon Ping in his talk questioned the need for Section 377A in Singapore. Singapore will repeal Section 377A of the Penal Code, Prime Minister Lee Hsien Loong said in his National Day Rally speech on Sunday (Aug 21), revoking a colonial-era law that criminalises sex . In 2018, an Ipsos survey found that 55% of Singapore residents supported retaining Section 377A. On the above premises, we sincerely and humbly implore our government to retain in full section 377A of the Penal Code. The code was adopted in 1860 and took effect 1 January 1862. Section 377 would later . Share this via Twitter // -->, Bangkok Office: +66 261 984 77 In view of the disappointing ruling of the Court of Appeal, we urge the Singapore Parliament to repeal Section 377A as a first step towards protecting and promoting the human rights of LGBTQ+ individuals in Singapore. Box 1740 [4] (For a detailed history of Macaulay's enactment of India's Section 377, see archive of the academic paper, "Section 377 and the dignity of Indian homosexuals" by Alok Gupta). In a public statement, Singapore LGBTQ+ activists expressed disappointment, noting, While this is a small step in the right direction, this simply does not go far enough to provide real protection to the LGBTQ+ community, who continue to be impacted by the cascading effects of Section 377A.. Section 377A of the Penal Code of Singapore was the main piece of legislation which criminalised sex between mutually consenting males who were not below the legal age of consent (16 years in Singapore), even when it was done in private.In lay terms, it was known as the "gross indecency" law.This was the phrase commonly used by the press when routinely reporting on criminal cases charged under . However, early cases tried in India mainly involved forced fellatio with unwilling male children and one unusual case in 1934, Khandu vs. Emperor, of sexual intercourse with the nostril of a buffalo[6],[7]. [42] After India's Supreme Court decriminalised sex between two people of the same sex,[21] with Professor Tommy Koh encouraging a constitutional challenge of Section 377A and chief of Singapore government communications Mr Janadas Devan hoping that Section 377A would go,[43] several constitutional challenges have been brought to the Supreme Court. [49], On 28 February 2022, it was ruled by the Court of Appeal that, because the law is not enforced, the constitutional challenges against it had failed. Even a man and a woman engaged in consensual sexual intercourse may draw the line at fellatio or cunnilingus. Section 377A of the Penal Code (Singapore), Discrimination against homosexuals in Singapore, Workers' Party politicians' views on homosexuality, Singapore Democratic Party politicians' views on homosexuality, Challenge to the constitutionality of Section 377A, Child adoption by same-sex couples in Singapore, The Online Citizen interviews the organiser and participants of the inaugural Pink Dot, 16 May 2009, Pink Dot 2010 Focusing on Our Families (Part 1), PINK DOT 2011 SUPPORT THE FREEDOM TO LOVE - 18 JUNE 2011, Archive of judgment of High Court judge Lai Chiu Siu, 15 March 2011, Archive of Lianhe Zaobao feature article on Loo Zihan (12 February 2012), Archive of performance score for Loo Zihan's re-enactment of "Cane" (19 February 2012), Offences against the Person Act & Criminal Law (India) Act, 377 and the unnatural afterlife of British colonialism, Section 377 and the dignity of Indian homosexuals, Open Letter to the Prime Minister to repeal Section 377A, Parliamentary petition to repeal Section 377A. 987.2 Order format (for non-capital cases) Capital/LWOP Case Panel Application; . Last updated on 4 Nov 2022. Singapore Journal of Legal Studies [2003] 209-261 SAYING NO: SECTIONS 377 AND 377A OF THE PENAL CODE Lynette J. Chua Kher Shing By criminalizing certain forms of private consensual sexual conduct, sections 377 and 377A of the Penal Code disregard the individual's sexual autonomy. : In this particular narrow sense, Section 377 did not discriminate against homosexuals. Share this via Email Faster access than browser! For this reason, the Court did not make a determination on the constitutionality of Section 377A. 372 Selling minor for purposes of prostitution, etc. Unnatural sex or sodomy was not defined in the Indian Penal Code drafted by the British. While the judgment is significant in that it stipulates that the existing law cannot be implemented, the Attorney-General could change this prosecutorial policy at any time, leaving gay men (or those perceived to be) in perpetual uncertainty. Moreover, Singapores retention of Section 377A lags significantly behind other countries in the Asia-Pacific region, including, for example, Thailand, Vietnam and Cambodia and India, where consensual same-sex relations are not criminalised. International Commission of Jurists (ICJ), Anti-LGBT Conversion Practices, Discrimination, and Violence in Malaysia, LGBT People in Afghanistan After the Taliban Takeover, Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice. It criminalised penetrative sex (oral and anal) between two people regardless of gender if the act did not immediately lead to penile-vaginal intercourse which was consider the only form of "natural" sex as it had to potential of procreation. Rue des Buis 3 It took 23 years for his work to be reviewed by the commission and the Supreme Court judges in Mumbai, Calcutta, and Madras. The first challenge after India's ruling was filed on 10 September 2018 by Johnson Ong, known by stage name DJ Big Kid, and was based on Article 9 of the Constitution. 389 Putting person in fear of accusation of offence, in order to commit extortion, 394 Voluntarily causing hurt in committing robbery, 397 Robbery when armed or with attempt to cause death or grievous hurt, 399 Making preparation to commit gang-robbery, 400 Punishment for belonging to gang-robbers, 401 Punishment for belonging to gang of thieves, 402 Assembling for purpose of committing gang-robbery, 403 Dishonest misappropriation of property, 404 Dishonest misappropriation of property possessed by a deceased person at the time of his death, 406 Punishment of criminal breach of trust, 407 Criminal breach of trust of property entrusted for purposes of transportation or storage, 408 Criminal breach of trust by employees, 409 Criminal breach of trust by public servant, or by banker, merchant, agent, director, officer, partner, key executive or fiduciary, 412 Receiving property stolen in the commission of a gang-robbery, 413 Habitually dealing in stolen property, 414 Assisting in concealment or disposal of stolen property, 416A Illegally obtained personal information, 418 Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect, 419 Punishment for cheating by personation, 420 Cheating and dishonestly inducing a delivery of property, 420A Obtaining services dishonestly or fraudulently, 421 Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors, 422 Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors, 423 Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration, 424 Dishonest or fraudulent removal or concealment of property or release of claim, 424A Fraud by false representation, non-disclosure or abuse of position not connected with contracts for goods or services. 368 Wrongfully concealing or keeping in confinement a kidnapped person, 370 Buying or disposing of any person as a slave. There have been several rounds of constitutional challenges against Section 377A before the courts. SINGAPORE - Prime Minister Lee Hsien Loong on Sunday (21 August) announced that Singapore will repeal Section 377A (S377A) of the Penal Code, the deeply divisive law that criminalises sex between men. Help us continue to fight human rights abuses. [9], Section 377A was introduced into the Singapore Penal Code in 1938 to criminalise all other non-penetrative sexual acts. In the Singaporean context, recent cases had established that heterosexual fellatio was exempted if indulged in as foreplay which eventually leads to coitus. Being a nobleman, he was beheaded at Tower Hill, an elevated spot northwest of the Tower of London (commoners were hung at another public execution site, Tyburn). Parallel wording appears in the criminal laws of ), only cases which are not "frivolous" may be argued. Thus, the retention of Section 377A in the Penal Code essentially means that LGBTQ+ individuals in Singapore will continue to experience discrimination while seeking to exercise their civil and political as well as economic, social and cultural rights, as LGBTQ+ groups and activists in Singapore have documented. Prior to the present round of litigation, in 2014, the Singapore Court of Appeal dismissed two constitutional challenges against Section 377A on the basis that the law did not violate the right to life and personal liberty (article 9) and the right to equal protection (article 12) under the Singapore Constitution. 152 Assaulting or obstructing public servant when suppressing riot, etc. On February 28, 2022, in the case ofTan Seng Kee v Attorney General, the Singapore Court of Appeal ruled that Section 377A of the Penal Code, which criminalises consensual sexual conduct between males, cannot be used to prosecute consenting partners engaged in private sexual activity. [32] Lim and Chee appealed to the Court of Appeal on 30 April 2013. However, on 21 August 2012, the Court of Appeal reversed Lai's decision, ruling that 377A did "affect the lives of a not insignificant portion of [Singaporeans] in a very real and intimate way" and that the case would proceed once again in the High Court. Today Singapore repealed Section 377A of the Penal Code allowing same-sex which has decriminalised same sex relationships. He also stated that there's no strong scientific evidence that a person's sexual orientation is unchangeable, and once again ruled that Parliament is the proper venue for repeal. A fine and/or up to 10 years' imprisonment were specified for these activities. Without this anti-Catholic agenda, it seems unlikely that the Act would have been enacted.[3]. 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