With a full-blown debate over Section 377A of Singapore鈥檚 Penal Code 鈥 our ban on sex between gay men 鈥 taking place on a national level once again, a local disc jockey has taken the bold step of filing a court challenge against the colonial-era ruling.
(aka DJ Big Kid) has teamed up with prominent lawyer Eugene Thuraisingam to argue that the archaic ruling 鈥 an unenforced law that prohibits any 鈥渁ct of gross indecency鈥 between two male men 鈥 is unconstitutional. The lawyer confirmed to that the court challenge was filed on Monday.
It’s been four years since the last legal attempt to strike down Section 377A failed. The Singapore Supreme Court’s ruling in 2014 upheld the country鈥檚 ban on same-sex relations between consenting adult men.
The court that the provision is discriminatory, reasoning that the right to equal protection under the law (as guaranteed by Article 12 of the Constitution) did not include words such as 鈥済ender鈥 and 鈥渟exual orientation.鈥
As unenforced as Section 377A may be, its very existence remains a blight in the eyes of Singapore鈥檚 LGBTQ community, as it effectively deems gay men unconvicted criminals.
Ong is well aware of the failed endeavor in 2014, he told ST. For聽this new legal challenge, he intends to draw on the international judicial developments since then, including India鈥檚 recent abolishing of a similar law. Thuraisingam 鈥 who鈥檚 acting pro bono for Ong 鈥 mentioned that they will also be presenting 鈥渕edical and scientific evidence鈥 to prove that sexuality is inherent, not a choice.
A pre-trial conference has been fixed on Sept 25.
Petitioning
In recent days, there have been renewed calls for both the repealing and keeping of Section 377A of the Penal Code. Two opposing petitions have gone viral, but the results are evident: have been gathered in support of repealing the ruling, and have been gathered in a call for things to remain unchanged.
But if you do want to see the general mindsets of folks wanting to keep Section 377A in the penal code, you simply have to look at their highly ludicrous comments posted on the petition.
