The Other

The debate is over and I only managed to read snippets of it in the papers. 377A stays. Interestingly, S 377A is probably the most well-known provision of the Penal Code now.

I feel rather indifferent to the result. As somebody pointed out, the government usually shuts both eyes when it comes to this matter and I can’t imagine they would be so ridiculous (or skillful) to catch every homosexual who has sex anyway. So gays are free to continue doing as they please.

I can understand why people are so reluctant to repeal S 377A. Having the prohibition written in black and white reaffirms society’s values and stand on this matter (never mind that it is rarely enforced). It’s like s 46 of the Women’s Charter which espouses that married couples should safeguard the interest of their union, care for their kids… Everyone knows that s 46 is not enforceable but the mere existence of it serves as a beacon to remind spouses how to behave. In that way, law reflects societal values and culture.

I appreciate that as a “traditional Asian society grounded in Confucian values” we are not ready to embrace homosexuality. Can you imagine your parents/grandparents NOT freaking out if you confess that you are gay? If S 377A is repealed, I can imagine floodgates opening and gays demanding for more rights in other areas such as same-sex marriage which is definitely unpalatable to many.

BUT we have to remember that our Penal Code, copied from the Indian Penal Code, is goodness know how old and the provisions reflect the values of society at that point of time in history. Even though S 377A was enacted later (hence the “A”), it is still a rather old provision. No one will deny that Singaporeans are more liberal and open minded now. No one now will claim that they don’t recognize fundamental human rights such as the right to equality. So isn’t there another solution other than to criminalize homosexual acts?

I’m neither pro-gay nor anti-gay. They can choose and live their lives however they wish. MYOB. However I believe that criminalizing such private acts is quite absurd. Imagine slapping a gay with a CRIMINAL record simply because he has sex with another gay in public (heterosexual couples are not punished for the same act)! It’s absurd to the point of being hilarious.

Why can’t they remove S 377A from the Penal Code and dump it in some other civil statute where at least the wrongdoing will not be an “offence”? Of course there are difficulties to this suggestion (replant the provision in which statute?). All I’m saying is that we should think of alternatives besides repealing/not repealing.

Prof Thio was especially engaged in this debate. I imagine that her diatribe was powerful (offensive??), cogent, witty and funny (like how her Public Law lectures usually are). But I didn’t understand why she argued that religion is not separate from public policy. Public policy is inevitably tied to politics and wasn’t it during Public Law lectures where we learnt that secular Singapore is careful to separate religion from politics?