Do you think homosexual sex should be criminalized?

In this entry, I would use Singapore as the context to address the issue of whether homosexual sex should be criminalized.

In Singapore, homosexual sex is criminalized. According to Section377A (Outrages on decency) of the Penal Code, 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.

This section of the Penal Code, which was previously left over by our former colonial master, had sparked much controversy in the public recently when the government sought public opinion on whether to keep this section in the reformed Penal Code.

Proponents of criminalization of homosexual sex argue that if homosexual sex were to be decriminalized, it would encourage young people to try out the “homosexual lifestyle”, which threatens our moral and family values. I do not agree with this. Take Netherlands as an example, it is the first country in the world to legalize gay marriage, but its birth rate (10.90/1000) is still higher than Singapore’s (9.34/1000) in 2006.

In addition, I also do not agree with those people who use ‘safeguarding our traditional Asian values’ as a reason to decriminalize homosexual sex. In fact, if we examine classical Chinese literature carefully, we actually find that ancient China has been much more tolerant towards homosexuality than Europe in the medieval era, with many poems and passages about love between men.

Furthermore, the act of criminalizing homosexual sex just because it is intolerable to certain religious groups or individuals, is unacceptable because it undermines the freedom of expression (a basic human right) which a democratic country is supposed to uphold.

However, it should be noted that this freedom of expression should be pursued by showing due sensitivity to others who may not be receptive to homosexual sex. This ensures that the homosexual’ rights to express themselves freely are not pursued at the expense of others who may not be receptive to it.

By decriminalizing homosexual sex, we can also give the homosexuals reassurance that they possess equal rights under our laws, whose fundamental purposes are to ensure that justice is being served, and that the citizens feel that way. This would help to reduce the society’s stigmatization on the homosexuals and allow them to integrate better with the mainstream society.

In conclusion, I understand the rationale behind criminalizing homosexual sex in Singapore and I see that as a wise move by the government as our society is not yet matured enough to tolerate the existence of a group whose sexual inclination differs from the majority at large. It ensures that it does not ‘incur the wrath’ of the majority who are against homosexual sex. However, as our society becomes more receptive and tolerant towards homosexual sex, this act may become outdated and that would be the time we should start decriminalizing homosexual sex.


Written by Teo Kian Siong